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Safety and Maintenance Regulations

The FMCSA requires all motor carriers to perform systematic inspections, maintenance, and repairs on commercial motor vehicles to ensure safe operations. For commercial vehicles, motor carriers must maintain inspection and repair records for each vehicle. Truck drivers are required to complete a written inspection report at the end of each driving day. The report must identify the vehicle and list any deficiencies or defects that may affect operational safety. The motor carrier must then certify that those deficiencies or defects are corrected.

Common Maintenance Safety Problems

Two of the most common safety issues that cause serious trucking accidents are faulty brakes and bad tires. In Tennessee, truck accident attorneys often see serious crashes and injuries caused by large trucks unable to stop in time to avoid accidents and sudden tire blowouts.

Faulty Brakes

According to the FMCSA, faulty brakes are responsible for at least five percent of all truck accidents. Due to the weight of large commercial trucks, standards for brake safety is highly regulated by the federal government. The responsibility for maintenance falls to the truck driver, who is required to inspect the vehicle each day, as well a maintenance specialist who can check for broken or missing parts and air leaks in the brake chamber. Vehicle manufacturers are also responsible for the safety of a truck’s braking system. If a truck’s brakes can’t decelerate it at a rate proportionate to the vehicle’s size, even when maintained properly, liability for the truck maintenance accident may lie with the manufacturer.

Bad Tires

Improper air pressure, worn treads, and mismatched tires contribute to serious trucking accidents seen by truck accident attorneys. The massive weight of commercial trucks — typically 10,000 to 50,000 pounds — requires properly inflated and maintained tires to ensure safe maneuverability and even weight distribution. Improper air pressure, worn treads, and mismatched tires can compromise the safety of the truck, resulting in tire blowouts and serious accidents. Truck drivers are responsible for inspecting their tires for air leaks, tread wear, and sidewall damages. Trucking companies are required to make sure that tires meet federal requirements for tread depth and ensure that drivers do not pair bias and radial tires on the same axle.

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Causes of Tire Blowouts

Poor maintenance is the leading cause of tire blowouts on semi-trucks and rising large truck accident rates. Operators who fail to maintain the tread and balance of each tire on the vehicle increase the likelihood of a tire failure.

Improperly inflating the tire is the next most common cause of tire blowout. Tires that are overinflated can explode as the pressure pushes the tire beyond operational limits. Under-inflating the tire can allow the rim to cut through it completely.

The third most common cause of tire failure is due to hazards in the roadway including nails, lumber, and rocks.

Effects of a Tire Blowout

Semi-truck tires weigh an average of 107 pounds. These tires contain metal and hard rubber elements that can shatter glass windshields and cause serious bodily injuries when they blowout at highway speeds.

A semi-truck that loses a tire to a blowout can become unstable in the roadway. It can easily lead the semi-truck to topple over or lose its ability to stay in its lane. When this happens, it can cause the semi-truck to veer into other vehicles traveling in the roadway, or off the road and into sidewalks or structures.

Liability for a Tire Blowout

Depending on the cause of the blowout, semi-truck accident lawyers can pursue liability from several parties following an accident.

First, the driver of the vehicle and/or the company they work for could be held liable for poor maintenance or the unsafe operation of the vehicle that caused the blowout.

If the accident occurred because the tire was improperly retreaded or repaired, the company responsible for the retreading or repair could be held liable for the personal injuries and property damage their shoddy workmanship caused.

When the manufacturing process is at fault, then the company manufacturing the tire can be held liable. Such was the case with Bridgestone/Firestone not long ago.

Finally, if an object in the roadway caused the accident, the individual or company transporting the fallen cargo could be held responsible — for example, if a shipment of nails fell off a trailer and punctured tires on vehicles following in the roadway.

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Recent Regulatory Changes for Trucking

Several immediate changes that have already taken place include a freeze on the Federal Motor Carrier Safety Administration’s new driver training rule and the likely end of the push for speed limiting devices. The new driver training rule involved a mandated training for new commercial truck drivers and was scheduled to be made effective two weeks after Trump’s inauguration. The effective date has now been moved to March 21, and the rule is subject to review by the Trump administration. The speed limiting device push is likely over because the rule was still in its proposed form and Trump is pushing for a limit on new regulations. The electronic logging device rule will remain as it was already made a law.

Potential Changes to Trucking Regulation

Nashville truck accident lawyers believe that President Trump’s focus on loosening regulations is likely to cause some regulations that exist to be repealed. His executive order calling for two regulations to be removed for every new one that is passed may result in a number of targeted safety regulations to be repealed. Industry lobbyists are currently pushing for an increase on the weight limits of the cargo that big trucks can carry, along with an increase in the length of trailers in two-trailer combinations. Safety experts warn that these could place people at greater risks of accidents.

The order that two regulations are repealed for every new one implemented will depend on the agencies themselves proposing the ones to be revoked. However, Elaine Chao has already been confirmed as the secretary of the Department of Transportation, and Trump will appoint others to head the FMCSA and other agencies under the DOT’s control. A Nashville truck accident lawyer is uncertain whether the new heads may bow to lobbying pressure, but in an anti-regulatory environment, it is likely.

The post How Trump is Changing the Trucking Industry appeared first on Queener Law.

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Trucking Industry Trends

There are a number of new regulations and trends that the general public and trucking accident attorneys as well as truck drivers and trucking companies should be aware of. Some of the most important include:

More Efficient Technology

Advances in technology could mean less large truck traffic for 2017. As new technologies gain popularity in the trucking industry, many truckers across the nation will begin to experience an entirely new way of life. Global Positioning Systems (GPS) will help ensure that drivers use the quickest, most efficient routes when making their deliveries, for example. Software that sorts and analyzes freight, drop-off and pick-up locations and times, and loads will make combining shipments more efficient and could potentially reduce the number of large trucks on the road.

Electronic Logging Devices

As of December 16, 2017, truckers nationwide will be required to use electronic logging devices (ELDs). These devices are designed to ensure that commercial drivers are in compliance with hours of service (HOS) regulations that reduce the risk for driver fatigue. Until recently, drivers were only required to log their hours on paper, often resulting in falsification and inaccuracy. The implementation of ELDs is expected to ensure that drivers’ logs are more accurate and that law enforcement officials can more efficiently review driver activity. Additionally, the reduction of paper logs is predicted to provide more than $1,000,000 in additional revenue. Many small- and medium-sized carriers, however, say that the ELD mandate will cost them as much as 5 to 8 percent in lost productivity. The cost of installing approved ELDs is also likely be financially burdensome for smaller companies.

Government Regulations on Trucking

A host of new government regulations are expected to shake up the trucking industry in 2017 and beyond. One change that is anticipated is a national truck driver drug testing information clearinghouse with hair-follicle drug testing. Since these tests will likely disqualify a large number of drivers due to positive results, many truck drivers’ unions are in protest of this change. Additionally, carbon emissions and other environmental regulations are expected.

Autonomous Trucks

Truck driver shortage has been a problem that has plagued the United States for many years, and autonomous trucks just might be the answer. In 2016, Uber sent a Budweiser beer shipment from Fort Collins to Colorado Springs by way of an autonomous truck, and various manufacturers across the globe are currently testing this new technology.

Truck Driver Shortage

As a number of truck drivers approach retirement age in 2017, the shortage of truckers is only expected to increase. And since trucking companies report that most of their applicants are not qualified to drive a commercial truck, there seems to be no end to the shortage in sight. Unfortunately, a lack of drivers will raise the risk for large truck crashes due to trucker inexperience, driver fatigue, and rushed deliveries.

Trump’s Impact on the Trucking Industry

With Donald Trump now officially the President of the United States, a number of changes are on the horizon that are expected to have a significant impact on the trucking industry. If he follows through on his plans to possibly end certain trade agreements like the North America Free Trade Agreement (NAFTA) and the Trans Pacific Partnership (TPP), the large amount of domestic freight that comes from trade activity and is typically hauled over the road could be reduced.

The Effect of Trucking Trends on Accidents

Although the number of injury crashes has decreased over the past year, the number of fatality crashes has increased by about one hundred. It is hoped that the new trucking industry regulations, advances in technology and increased efficiency in transportation practices will reduce the number of serious injuries and fatalities that occur.

According to the Federal Motor Carrier Safety Administration (FMCSA), large trucks are involved in approximately 87,000 injury crashes and about 4,000 fatality accidents every year. Trucking accident attorneys in Tennessee typically see numerous victims throughout their careers with severe injuries resulting from large truck crashes. When individuals are injured or killed in large truck crashes, truck drivers, trucking companies, and even manufacturers can sometimes be held liable. When the crash is the fault of the driver or defective equipment, victims and their families can recover damages for medical costs, pain and suffering and lost wages.

The post Trucking Trends for 2017 appeared first on Queener Law.

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New Rules That Were Blocked

In Dec. 2016, new rules from the Obama administration that were aimed at making certain truck drivers got additional sleep were attached to a bill and blocked in Congress. Truck drivers are required to take 34-hour breaks in between their workweeks. The rules would have required that the truck drivers had to use part of their break time between 1 am and 5 am, meaning that they could not end their breaks and resume driving between those hours. Research by AAA shows that people who get less than five hours of sleep in a night have driving impairments that are equal to people who are driving drunk. If truck drivers do not get adequate sleep, they are likelier to cause truck accidents and to potentially seriously injure or kill others.

Other Rules That Are In the Trucking Industry’s Sights

The American Trucking Association was emboldened by its win in December, and it vowed to return in January. The organization’s new lobbying efforts are aimed at a couple of additional safety regulations. It wants to increase the weight limits beyond the current limit of 90,000 pounds. The group is also lobbying to increase the trailer length on two-trailer combinations from 28 feet to 33 feet.

The Trump administration has indicated that the President intends to focus on rolling back regulations. While there are no specific indications that Trump will be focusing on the transportation industry, the Republican block of the safety regulation in December and the American Trucking Association’s promise to return for additional lobbying has safety experts worried. Some have expressed that it may be the start of a campaign to rollback numerous trucking industry safety regulations, resulting in additional truck accidents, injuries, and deaths. Semi truck accident attorneys are watching what happens with the regulations and are hoping that they are not rolled back.

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Trucks on the Road

Commercial trucks form an integral part of the economy. Commercial trucks, from big rigs to inner-city delivery trucks, shuffle goods all over the country. These trucks deliver Amazon packages, shipments from China, and business deliveries.

Trucks are dangerous because they crowd onto busy boulevards and streets. Trucks make deliveries to important commercial and business center, therefore, trucks must operate on roads utilized by passenger vehicles – it is unavoidable. Furthermore, many of those deliveries are also in high foot-traffic areas, which exposes pedestrians additional danger. Truck drivers are compelled to operate large, slow vehicles in crowded, mixed-use conditions.

Fatalities Caused by Trucks

Despite their relatively small numbers, commercial trucks represent a disproportionate amount of collision fatalities.

According to the National Highway Traffic Safety Administration (NHTSA), fatalities associated with large trucks increased for the fourth consecutive year, totaling 3,964 in 2013. Additionally, market research conducted by Volvo Trucks’ Accident Research Team in Europe found that 90 percent of all truck safety incidents are partly or entirely due to human error.

Trucks are inordinately dangerous for a number of reasons. First, their relative size ensures that most passenger vehicles are obliterated in an accident.

Second, trucks sit much higher than passenger vehicles, so during an accident cars are often pulled down and underneath commercial trucks. The majority of fatalities from commercial truck accidents are caused when passenger cars are crushed by commercial truck tires.

Third, commercial trucks are handled very differently from passenger vehicles, yet fellow drivers do not appreciate the distance they should give commercial trucks.

Fourth, trucks are designed to operate for hundreds of thousands of miles but they require regular maintenance. Truck operators, when crunched by tight deadlines, do occasionally skip or abbreviate required and recommended maintenance.

Active vs. Passive Safety Systems

To address these dangers, truck manufacturers design a variety of systems to improve safety. These systems fall into two types: active and passive.

Active systems are designed to assist drivers in avoiding collisions using alarms and alerts. For example, some trucks are outfitted with lane assist technologies which alert the driver whenever he drifts out of his lane. Passive systems, such as crumple-proof cabins and air bags, are used to reduce the damage from a collision, not avoid it.

Most safety experts believe that as active technologies improve, passive systems will become less and less necessary.

Driving Safety Technologies

Most modern technology is focused on developing active safety systems that alert the driver or include a secondary layer of automated action.

Safety technologies include:

• Driver Information Warning System
• Integrated Safety System
• Active Chassis Control System
• Lane Departure Warning
• Blind Spot Detection Systems
• Braking Assist

All of these technologies already exist in various forms.

For example, driver warning systems have been outfitted on trucks since the 1990s. The most common example are lane-warnings. Modern trucks are often also equipped with brake alerts, rear cameras, and other situational awareness systems.

Brake assists are an area in which autonomous driver technologies are expanding. Brake assists, rather than issue warnings, include a computer which can automatically assert control over the truck and apply the brakes. Very few trucks are outfitted with this system, but wide adoption is expected.

Active chassis control systems are a new area of development. Active Chassis Control Systems take control whenever the computer interprets that the truck is losing control. The Chassis System represents a significant expansion of automation over brake assists.

Projected Adoption Rates

The industry is already beginning to adopt these technologies without legislative impetus. Research conducted by Frost and Sullivan found that the growing awareness of impending legislation has spurred truck fleets to adopt more safety technologies as a way to drive down their total cost of ownership.

In 2013, 409,417 safety systems were outfitted in trucks; by 2020, that number is expected to rise to 917,069 safety systems. Volvo expects that 35 million trucks globally will be connected and outfitted with collision-avoidance systems. Adoption of new safety technologies is critical to ensuring that commercial trucks remain competitive and compliant with new safety regulations.

Burden on Other Drivers

However, despite all of the safety technology, it is ultimately up to the other drivers who share the road with commercial trucks to behave responsibly. The majority of commercial truck accidents are traceable to a mistake committed by the other driver, rather than the truck operator. In the end, no amount of safety technologies can trump the importance of personal responsibility and awareness.

The post The Future of Trucking Technology appeared first on Queener Law.

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The media has dubbed this legislation the “Slowpoke Law.” It’s designed to promote highway safety, reduce highway congestion and ease overall driver frustration. The law would require vehicles to stay in the two right lanes on a three lane highway, only using the left lane to pass. This would encourage drivers to stay to the right, even if they are driving at the speed limit.

The Limits of the Passing Lane Law

The bill does not address speeding or speed limits, but rather tackles flow-of-traffic issues. The theory behind the bill is that, while speeding is dangerous, blocking the flow of traffic on the highway is also hazardous. Highway accidents are particularly threatening, especially when large vehicles, such as trucks, are involved.

Law enforcement would have the ability to impose a $50 fine on anyone who violates this law. In certain conditions, such as inclement weather, the law would not apply. This would also be true when a vehicle is merging, or when traffic control devices make driving in the lane a necessity. The law would also not apply to two lane divided highways, though future legislation might address this issue.

The Precedent

Tennessee is the 29th state to propose such legislation. Lawmakers and attorneys realize that the discretion to enforce these laws will be, in part, up to law enforcement officers, however, other states that have adopted such measures are citing success. The bill has received bi-partisan support and is expected to pass.

Fatalities caused by large truck collisions are on the rise in Tennessee. Truck collisions in the state were responsible for 107 deaths in 2012, up from 86 in 2009. Drivers are urged to keep a safe distance while driving around trucks and to pass with care. Laws like these are crafted to reduce the risk for drivers sharing the road with large vehicles. A Tennesseetruck accident attorney can provide more information on traffic laws and the process for seeking compensation after an accident.

The post Proposed Law Aims to Keep Truckers out of the Fast Lane appeared first on Queener Law.

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E-log books electronically log a trucker’s hours and location. They don’t monitor changes in duty, however. Truckers must record the changes from rest periods to driving manually, which raises the question of whether or not e-logs are truly more accurate than paper ones.

The other point of contention comes from the fact that these devices will be monitoringtruckers‘ movements and location while they are on the job. While this may seem safer, and make it easier to know where truckers are, some independent truckers claim that it is illegal tracking.

One survey shows the impact this law could have on the trucking industry. 15% of truckers are already using electronic logs or will purchase them in the near future. Another 32% said they will wait until they are sure the law will stick before purchasing an electronic log. The law only affects trucks made after the year 2000. 10% of truckers say that they won’t change anything because they drive a truck made before 2000. Another 6% say that they run short haul so the law won’t apply to them. 23% say that they will quit the trucking industry before the regulations take effect, and another 10% claim they will quit if they can’t find a truck made before 2000.

One interesting argument from truckers is that this will force drivers to drive when they have the “legal hours” to do so. While a trucker with a paper log book may decide to make up time after resting, they claim the electronic log book will put a stop to that. While this sounds more safe, if the driver was up most of his rest period for a personal reason or very sick, they will be tempted to drive whether they feel well or not.

The fourth amendment means that a person can’t be stopped or even monitored without probable suspicion of illegal activity. Independent truckers say that these electronic log books are a way of monitoring drivers for law enforcement purposes, and the only way to do that legally is with a warrant.

The post E logs: Are They More Effective, and Do They Violate the 4th Amendment appeared first on Queener Law.

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A Nashville truck accident lawyer can point to seven factors that limit visibility, primarily through driver negligence.

Time Of Day

Nighttime driving has always been more dangerous than driving during the day. Not only does darkness induce fatigue, it has a strong impact on visibility.

A National Highway Traffic Safety Administration (NHTSA) study in 2007 reported to Congress that nighttime visibility is severely limited because of night glare and range issues. Night glare from oncoming traffic destroyed the night vision of drivers, especially those over 50, leading to temporary blindness and potential loss of vehicle control. The NHTSA found night glare the most problematic in areas with few streetlights or other roadside sources of light.

Sun

Driving during particular periods of daylight is no less dangerous than driving at night, depending on the direction the truck is traveling. Truckers driving into the sunlight at sunrise or sunset face protracted periods of intense sunlight and glare from the roofs and glass of other vehicles.

Many trucking companies require drivers to use sunglasses or other protective eyewear in the hour before sunrise or sunset as a way to reduce the impact of the sun on driver visibility.

Fatigue

The NHTSA blames a large portion of trucking accidents on driver fatigue, and for good reason. Drivers face longer work weeks than ever before, and trucking companies have put increased pressure on drivers to stay on the road at all costs.

Fatigue hinders visibility in two ways. First, drivers fight to stay awake, and closed eyes provide no visibility and a complete inability to prevent an accident. Second, even when a driver is awake, fatigue causes blurriness and sluggish reaction times. As a result, drivers are unable to judge distances in time to stop before a collision.

Speeding

The difference between a deadly accident or a fender bender is often a matter of inches. Speeding trucks have lower reaction times than other vehicles, and any errors the driver makes are magnified in a crash.

If the truck was speeding, a Nashville truck accident lawyer may be able to prove the driver was liable for an accident, because the truck driver left himself without enough time to stop. Scientific evidence and the truck’s own computer can provide the hard evidence a Nashville truck accident lawyer needs to argue the case.

Eyesight

Truckers, especially long haul drivers, spend days or weeks on the road at one time. While they are on the road, it’s easy to let health and medical issues slide, if those issues do not directly hinder the driver’s ability to keep the truck on the road.

A driver with a weak prescription has an increasingly short field of vision, and the problem can only be solved with a trip to an optometrist and a new set of glasses. Not every driver is willing or able to take the time to stop for new glasses, wrongly assuming that the problem can wait until they get home. The slow degeneration of the field of vision can lead to drivers with an effective eyesight of 20/50 or worse.

Other Drivers

Not every problem with visibility is the trucker’s fault. Sometimes the actions of other drivers play a role in the accident. Even with proper mirror positioning, a trucker still has large blind spots around the vehicle. The most dangerous spots are near the driver’s door, from the trailer hitch to the nose of the truck on the passenger side, and the nose of the truck.

Drivers who slam on their brakes or drive for long distances in a truck’s blind spot greatly increase the probability of an accident. Through an examination of the positions of other vehicles involved in an accident, a Nashville truck accident lawyer may be able to prove that the accident was not the fault of the trucker, but another driver.

Weather

Hard rain and snow diminish a driver’s field of vision in a matter of seconds. When this occurs, truckers must adjust their driving patterns to slow down and avoid accidents.

A Nashville truck accident lawyer can expand a liability suit after an accident to include the trucking company if there were maintenance issues involved in the accident. A trucking company that fails to replace worn out wiper blades or provide other safety equipment puts everyone on the road at risk.

Truck accidents are serious, and are more likely to be deadly than other vehicle collisions. With the assistance of a truck accident lawyer, victims can apply liability where it belongs and seek compensation.

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