In the past, some unsafe carriers have continued operating through a loophole in the system. These so-called "reincarnated carriers" could put a record of safety violations behind them and continue operating by simply shutting down and reincorporating under a different name.
]]> New rules by the FMCSA will help put a stop to this practice. Changes to the agency's administrative procedures target repeat-offender reincarnated carriers by consolidating the carriers' old and new records. Beginning May 29, the agency can issue out-of-service orders to shut down these carriers.As a result, unsafe carrier companies will have to shut down operations and challenge the agency's actions in court before they can reopen. Further, carriers can no longer pay civil penalties for a violation without admitting guilt in most cases.
Motor carrier companies with poor safety records - including reincarnated carriers - pose an exceptional danger to other passengers and other motorists. In 2008, a bus crash in Sherman, Texas, resulted in the deaths of 17 passengers. The bus company was operating under a pending application with the FMCSA, despite multiple safety violations under its old name.
Under the new rules, the FMCSA can stop such carriers from operating until they have agreed to essential safety measures. This rule change is a positive step toward safety for everyone on the roads.
]]>Speed limiters are fairly inexpensive devices that can be installed on trucks. Each speed limiter is pre-programmed with a maximum speed. Truck companies have used these devices previously to increase brake and engine life and decrease wear and tear on tires.
Opponents of the speed limiters believe that the devices can cause dangerous circumstances by not allowing drivers to speed up in heavy traffic to pass other vehicles or the limiters may cause great speed differences between large trucks and other passenger vehicles on the road.
The recent study shows that the use of speed limiters may be a step in the right direction to reduce the number of crashes on the nation's highways. Implementation of the devices is easy for semi-trucking companies. The devices are standard equipment on most trucks; all the trucking companies have to do is activate the device.
A reduction in the speed that semi-trucks are traveling on our roads is not likely to eliminate crashes involving these large vehicles, but the use of speed limiters may reduce the severity and number of crashes. Implementation of speed limiters would be a positive step toward safer roadways for the nation.
]]>The ATA argues that federal regulations might necessitate special commercial-license endorsements for hundreds of thousands of drivers.
]]> The Federal Motor Carrier Safety Administration is the primary federal agency responsible for national highway safety as it concerns semi-truck and bus traffic. In reaching for that goal, the FMCSA regulates large truck and bus drivers, traffic and equipment in an effort to prevent deadly truck accidents, obviously an important governmental function given the relative size and weight of large commercial vehicles compared to those of cars.As part of its effort, the FMCSA has adopted a definition of "tank truck" that the ATA says will reach trucking configurations not traditionally thought of as "bulk tank-trailers" for transporting gas or liquid, according to The Journal of Commerce.
For example, the ATA feels the new definition would wrongly include a tractor that pulls a "dry van trailer" carrying a large tank (that holds more than 1,000 gallons) not permanently attached to the hauler. The group feels strongly that only trucks with permanently attached large tanks should fall under the official definition of "tank truck" for regulatory purposes.
Apparently, some trucking companies' business is only to haul a variety of loads for hire, including these temporarily attached tanks, and the drivers for these companies are among those who would have to file for expanded licenses.
The ATA has filed a petition with the FMCSA with its objections to the definition. It will be interesting to see how the agency reacts and whether there was any intention on the part of the government to expand the regulatory reach to include nonpermanent tanks. After all, gas and liquid of a hazardous nature are regularly hauled on our roads.
Source: The Journal of Commerce, "ATA Says 'No Tanks' to Tank Truck Definition," William Cassidy, Feb. 25, 2012
]]>Without EOBRs truckers must retain paper hours of service log books, toll receipts and delivery receipts to verify the hours they spend driving the commercial vehicle. The EOBR technology lessens the amount of fraudulent paper log book recording and helps reduce trucker driver fatigue.
The compliance date for the rule is June 3, 2012. But the FMCSA rule faces a few obstacles before it achieves its aim of making EOBRs a universal trucking requirement. The Owner-Operator Independent Drivers Association, one of the rule's biggest critics, has successfully challenged the rule at the federal court level over concerns that EOBRs could potentially be used for driver harassment.
The FMCSA has prepared a Supplemental Notice of Proposed Rulemaking to move forward with its EOBR rule. In order to obtain data to support the SNPRM the FMCSA plans to hold public listening sessions about the potential driver harassment issue and seeks recommendations about technical standards of the EOBR device from the Motor Carrier Safety Advisory Committee.
]]>The study included research reports compiled by the National Electronic Injury Surveillance System, the United States Consumer Protection Safety Commission, the Westlaw Campus Research database and archives of Google news that covered the time period between January 1, 2004 and June 1, 2011.
]]> According to the study, the number of pedestrians who wear headphones and sustain serious injury or are killed near roads and railways has tripled over a six year period. The research shows that from 2004-2005 to 2010-2011 the number of headphone related pedestrian accidents increased from 16 to 47. Moreover, the study shows that in 34 out of 116 cases, horns or sirens were sounded prior to striking the victims - and some victims reported never hearing them.The clear result of the study is that it can be dangerous for people to walk through city traffic using music player devices or cell phones with headphones because they cannot hear key traffic noises. Pedestrians who wear headphones need to be especially careful that they can still receive auditory cues, which can be even more important than visual cues, while they are walking around the city. As it is, cars hit over 3,000 people in Chicago every year.
With an aim to reduce pedestrian accidents and deaths, the Chicago Department of Transportation, Chicago Police Department and the National Highway Traffic Safety Administration launched a new pedestrian safety campaign in October 2011. The campaign includes displaying graphic posters depicting pedestrian accident victims throughout the city to remind people to be alert and exercise caution while they walk around the city.
]]>Big trucks continue to create big problems on our nation's roadways. In 2010, more than a half-million large trucks and commercial vehicles were involved in crashes and over 100,000 people were injured. Data from the Truck Safety Coalition (TSC) indicates that truck crash-related deaths increased to 4,000 in 2010, which is a significant increase from the 3,380 truck accident fatalities of 2009.
]]> In addition to mechanical issues, weather, and distracted driving, fatigued driving has been a major cause, representing about 30 to 40 percent of accidents. As a result, last December the Federal Motor Carrier Safety Administration's (FMCSA) proposed revisions to regulations regarding the hours of service (HOS) for commercial motor vehicle drivers.The proposed HOS rule, originally set to be finalized in July 2011, has met with opposition. The rule covers on-duty times, sleeper-berth periods, and accommodations for non-driving time. More specifically, the rule change lowers maximum on-duty time from 14 to 13 hours and driving time from 11 to 10 hours per day. Mandatory breaks and a 34-hour restart time are also part of the new rule.
Opponents of the new rule, which include the American Trucking Association (ATA), consider the new rule burdensome and ultimately costly to the trucking industry; however, safety advocates and experts, including the Insurance Institute for Highway Safety (IIHS) disagree. The new HOS rule could potentially save the lives of thousands of truckers, drivers and passengers, by ensuring that well-rested drivers are sharing the roadways.
Based on the current revisions, stiff penalties will apply to truckers and companies that do not abide by the new law. A vehicle operator could be fined up to $2,750 for each HOS violation and each employer could face up to $11,000 for each offense.
The original approval deadline for the proposed HOS rule was not met on July 26, 2011; however, the FMCSA's HOS rule is now under review in the Office of Management and Budget and is expected to be approved by the end of the year-just in time for the trucking industry to get another safety wake-up call.
]]>Some critics argue that the increase in citations is directly related to the city's budgetary pressures. They say the city has intentionally been more aggressive in seeking out cell phone users in an effort to boost municipal coffers. Indeed, fines from cell phone tickets brought in $2.2 million in revenue in 2010.
Whatever the motives, one thing is certain - thousands of Chicagoans are engaging in distracted driving, putting innocent motorists, bicyclists and pedestrians at risk of harm.
In 2010, the State of Illinois reported that more than 1,000 crashes were caused by distracted driving resulting from use of a cell phone or other hand-held device. The actual number is likely much higher - until a House resolution was passed in May 2011, Illinois law enforcement was not required to track cell phone involvement in motor vehicle accidents.
All drivers have a responsibility to ensure they are not putting others at risk. If you've been the victim of a distracted driving accident, you may have legal recourse. Contact an experienced Chicago personal injury attorney who can help you understand your rights.
Source: Chicago Tribune, "Record Number of Drivers Given Cellphone Tickets in Chicago," Leonor Vivanco, Nov. 10, 2011.
]]>CDC researchers feel that the increase in adolescents coming to emergency rooms for brain injury care is directly related to the heightened level of brain injury awareness by adults, as parents, teachers and recreational officials are usually the ones making the decision to call emergency response teams and health care providers.
]]> Having caretakers who understand the symptoms and the importance of early detection is essential in addressing brain injury in youngsters.Traumatic brain injuries, or TBIs, have increased over the past decade from 153,375 in 2001 to 248,418 in 2009, according to a recent CDC study. The study focused primarily on playground activities, bicycling, basketball, soccer and football.
The CDC reports that between 2001 and 2009, adolescents from birth to 19 years of age were treated for non-fatal sports and recreation-related TBIs in about 173,285 cases.
Mild TBI symptoms may not be noticed at the time of the injury and often appear one week later or more. These include but are not limited to:
More severe TBI cases may display the following symptoms:
If you think that you or someone you know may have experienced a brain injury, it's important that you seek treatment from a health care professional as soon as possible after the incident or after symptoms appear.
]]>Based upon this information, the NTSB recommended that all truck drivers be banned from texting or using a cell phone while driving, which would also include the use of hands-free devices. Currently, there is a law in place that prohibits commercial vehicle drivers from texting while behind the wheel, but there is no uniform rule that addresses the use of cell phones.
Currently, each state is able to draft its own rules to deal with this issue, and specific municipalities may have its own rules as well. Illinois has rules against texting while driving, but does not rules that restrict commercial drivers from using cell phones, unless they are in school zones or construction areas.
It could be extremely difficult for such a ban to be in place any time soon. There are still a handful of states that do not have any rules in place that address distracted driving, making it unlikely that those states will pass any laws that restrict commercial drivers from using cell phones. It may be up to individual employers to create new policies that ban the use of phones while driving.
]]>States may set their own weight standards on state and local roads. The Illinois maximum weight for state and local roads is 80,000 pounds, unless posted with a lower limit. But 27 other states allow maximum loads of up to 100,000 pounds on state and local roads. Trucks using the Interstate Highway System in these states must unload cargo or use secondary roads through smaller communities.
The Commercial Truck Safety Act would allow a state to seek a waiver of the federal weight standards. The bill would create three-year pilot exemptions on a state-by-state basis. Each state would establish a safety committee to determine whether the waiver should become permanent.
Maine recently completed a one-year pilot program allowing heavier trucks to use Maine's interstates. Snowe noted that during the pilot program 14 fewer trucking accidents occurred compared with the previous year and no fatalities were reported involving the heavier tractor-trailer trucks.
The Maine Department of Transportation found that allowing heavier trucks on the Interstate Highway System increased traffic safety, improved the environment and reduced fuel consumption (interstates being more direct routes than secondary roads). Secretary of Transportation Ray LaHood, described the concept as "not a bad idea."
]]>Unfortunately, some workplaces have experienced explosions which have caused serious injuries and resulted in the deaths of some workers. The use and manufacture of various chemicals or powders may lead to an unstable work environment, as many of these chemicals are combustible if not handled properly. Equipment designed to handle the volatile nature of these compounds sometimes fails, leading to an extremely dangerous situation, not only for employees, but also for those who live close to the facilities.
Whenever an accident happens, there will be extensive investigations to determine the cause. Federal and local government officials may need to examine the policies and practices at the facility. Injured workers may wish to recover compensation for their injuries, but they will need to act fast. It will be extremely important to preserve the conditions present at the time of the accident to prove that they were injured due to the negligence of their employer or manufacturer of the equipment that they were using.
]]>U.S. Transportation Secretary Ray LaHood recently shared details regarding various initiatives to shut down unsafe bus companies. Examples of unsafe practices include using luggage compartments to carry passengers and provide a place for drivers to sleep.
Motorcoach companies with a history of accidents or violations are a danger to passengers and other motorists alike. Here are a few resources that passengers can review on the FMCSA website to increase the likelihood of a safe bus trip:
When a company's negligence or recklessness leads to serious injuries or a fatal bus accident, a personal injury attorney can provide ready answers about a potential client's legal options.
]]>The FMCSA does not have direct authority over drivers, except when the carrier that employs them is undergoing a compliance review. The new bill, if passed, could grant the agency more direct regulatory power over drivers.
]]> Under a section entitled, "Driver Safety Fitness Ratings," each driver would be given a safety score assigned to their compliance history, and monitored under Compliance Safety Accountability, or CSA.The CSA collects safety data by way of the Safety Measurement System from crash reports and inspections, and then compares any violations within seven categories. These include unsafe driving, fatigued driving, use of controlled substances and alcohol, vehicle maintenance, cargo, and crash involvement. The data is publicly available.
The proposed bill would add the rating mechanism to the CSA enforcement program and would give the FMCSA the authority to disqualify drivers if their ratings fall below a certain standard. Further, the Obama administration intends to establish the National Clearinghouse for Positive and Controlled Substance Test Results. It also seeks greater authority in overseeing drug testing facilities and their staff.
Giving the government the authority to weed out unsafe drivers is designed to reduce the number of serious trucking accidents. The bill and the CSA program could affect a commercial carrier's safety record as a whole, and hold both driver and the carrier more responsible for safety. It would make it easier for enforcement measures against unsafe drivers and their carriers.
For individual drivers, their pay and employment status could be affected. The bill would expose their overall driving record among past and present employers.
]]>Prior to a device receiving clearance, the FDA will need to decide if it is of low-risk or high-risk to patients. Those that fall into the low-risk category will generally be approved as long as they are similar to other devices on the market, since patients will not be depending upon the devices for any major needs. For those considered high-risk, the companies that manufacture the devices need to demonstrate in clinical trials that they work correctly.
However, not all high-risk products receive extra FDA scrutiny. If the product manufacturer can prove that it is similar to another product already being used, the device could be permitted without the need for clinical trials.
In 2009, the GAO requested that the FDA reclassify the products to determine the potential risk, and to require clinical tests for anything that was considered high-risk. Out of the 27 products cited in the 2009 report, 26 are still awaiting a final classification status.
One of the main reasons behind the call for further FDA review was the Johnson & Johnson artificial hip. The manufacture recalled 37,000 of the devices in the U.S. after studies in the United Kingdom showed a 13 percent failure rate. This would require patients to undergo additional surgeries to correct any problems caused by the defective product.
The industry is encouraging the FDA to continue to approve devices as soon as possible, contending that any delays could result in a negative impact to patients. If you have questions about the products being used in your treatment, discuss your concerns with your physician to understand the potential risks.
]]>But most cars are not designed to hold up when a passenger car rear-ends a much higher-riding semi truck, even at low speeds.
According to the Insurance Institute for Highway Safety (IIHS), 3,163 people died in accidents with tractor-trailers and large truck crashes in 2009. Of those, 70 percent were occupants of passenger vehicles. IIHS president Adrian Lund noted that in many collisions involving cars and semi trucks the upper part of the car is crushed as the passenger vehicle slides under the body of the truck's trailer.
]]> Underride guards on the back of tractor-trailers are supposed to reduce injuries and fatalities when a car crashes into the back of a large truck. But, many large commercial trucks either do not have them installed or the underride guards often fail on those trucks that do have them."Your vehicle could be one that earns top marks in frontal crash tests," says Lund, "but if that truck's underride guard fails - or if the truck doesn't have one at all - your chances of walking away from even a relatively low-speed crash are not good at all."
Estimates by the National Highway Traffic Safety Administration (NHTSA) suggest that over 400 people die each year and another 5,000 people are injured in underride crashes. In an effort to help reduce this number of injuries, the IIHS is petitioning NHSTA to require all large trucks to have underride guards, and also require higher standards for underride guard manufacturers.
Source: Semi Crashes Still Proving Fatal
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