Solution For Fatigued Truck Drivers? Pay Them By The Hour!

Ken Shigley recently posted an entry on his trucking blog entitled  "Five common sense ideas for reducing the risk of truck driver fatigue." Ken has a lot of things right with this post but one thing I  believe is wrong is not asking for a 6th common sense reform, and that is simply to have drivers paid by the hour instead of by the mile.

Driving by the mile encourages drivers to push to make a few more dollars. Drivers are encouraged to push to exceed the hours of service requirements and push past the limits of safety. In fact trucking companies know this, government studies prove this, but companies still pay by the mile so that it is the driver that takes the risk of any slow down in on the highway due to construction or rush hour congestion. If the truck breaks down, the driver isn't paid until the problem is fixed. 

Perhaps because courts have held drivers who are paid hourly are entitled to overtime (Bostain v. Food Express, Inc.---P3d---, 2007 WL 611259 (Wash March 1, 2007), the Washington Supreme Court held that interstate truck drivers are entitled to overtime compensation for any hours worked in excess of 40 hours per week) trucking companies don't want to pay by the hour. Do you know that truck drivers have been exempted from the federal law that protects almost every other American worker from being overworked without fair pay, the Fair Labor Standards Act?

Paying by the mile also encourages speeding. After all, if you just go a bit faster you can travel more hours in your allotted number of driving hours and earn more money. Drivers also speed to make up the miles that were missed due to traffic, mechanical problems, or other delays.

If truck drivers were paid by the hour then the trucking company would assume the risk of any delay. The driver will get paid the same regardless so he is not given an incentive to speed or drive over his hours of service. Until the trucking industry faces this fact drivers will both continue to speed and drive past their hours of service. The wrecks due to speed and fatigue that could easily be prevented will continue, leading to more tragedies on our roads.  

 

Memorial Day 2010 - A Thank You to Parents

I just wanted to take a moment to thank each and every one of you who has served in the armed forces, or waited patiently, sometimes forever, for a loved one to come home, for your sacrifices.

As I have gotten older, and finally retired from active duty with the USMC, Memorial Day has meant more and more to me. Perhaps it is because I am no longer as busy doing, but have a bit more time to reflect on things.

I know for a fact the hardest thing I had to do before I left for Desert Storm was not stealing my pistol from the armory (Sorry SSgt, I know I made your life hell that day!) to go to Iraq, but instead having to tell my mother I was leaving and wouldn't come home from Okinawa before I left.

Now that I am a parent I realize that I was just to young to understand everything that I was about to get into was at least as scary for my parents, if not more so, than it was for me. I at least understood what I was doing while they could only guess. So this Memorial Day I want to extend my special thanks to those parents whose children leave to fight for our freedoms. Yours is a special sacrifice.

God bless you all and this great nation.

Traumatic Brain Injury (TBI) Myths - Do You Have to be Knocked Out to Have a TBI?

There are several myths about Traumatic Brain Injuries (TBI's), all of which can be explained when you understand the science and medicine involved in the causation and treatment of TBI's. One of the most popular myths is "You can't have a TBI if you don't lose consciousness." 

The Center for Disease Control, an arm of the federal government, dispels this myth on its web site.  The CDC defines what constitutes a mild TBI and states: That a mild traumatic brain injury is "caused by a blow or jolt to the head that disrupts the function of the brain. This disruption of the brain function is typically associated with NORMAL structural neuroimaging findings (i.e. CAT scan, MRI) ... and may or MAY NOT involve a loss of consciousness." (emphasis added) See here for the full definition. This definition is accepted in the medical and scientific community. Thus you can have changes in personality, temperament, and memory with a mild TBI, and all the other consequences, even though the imaging tests are normal and the victim cant identify a loss of consciousness.

There is nothing worse than a brain injury. It robs us of our souls and sense of self. In fact it kills the old you, and you become someone else. If you know someone who has one you know what I mean.

I see lots of TBI's as a result of handling truck wreck cases across the country. This week I spent several days in Chicago with members of the Traumatic Brain Injury Lawyer Network, including program chair Gordon Johnson, keeping up on the latest medical advances in diagnosing, treating, and litigating TBI cases. I was fortunate to have dinner with some great trial lawyers, Ken Levinson from Chicago and Steve Gursten from Detroit. It is always great to discuss and work on significant complicated cases with phenomenal lawyers like Ken and Steve.