The American Transportation Research Institute (ATRI) has just released a report on ice falling from tractor trailers so I thought I would supplement my earlier post. The report reaches no conclusions about this recognized problem but does provide a "compendium of currently available snow removal devices, which includes utilization levels and advantages and disadvantages of
Trucker’s Ask Congress to Lift Federal Truck Weight Limits
The proposal was made to increase the Federal truck weight limits (currently 80,000 pounds [by contrast a car typically weighs 3-4,000 pounds]) by the "Coalition for Transportation Productivity." I have discussed this before. This proposal will kill Americans. The severity of impacts, the number of rollovers, and the impact on our aging infrastructure will all go up
Federal Court Finds Violation of FMCSR to be Negligence Per Se
I was retained in a trucking case recently where my clients were injured when a tractor trailer rear ended them. Liability was strongly fought, the trucker’s lawyer blaming a wreck 1/2 mile down the road for backing up traffic and even my clients, who were fully stopped. The defendants refused to accept any responsibility for their actions.
The
FMCSA GETS IT PARTLY RIGHT – AUDITS NEW CARRIERS IN FIRST 18 MONTHS
The FMCSA gets a partial round of applause for instituting a mandatory audit for new trucking companies after 18 months. They don’t get a full round of applause because the public should not be left in danger for a year and 1/2 before the FMCSA gets around to looking at a new company. The program
FMCSA GETS IT WRONG – Keeps 11 Hour Driving Rule and 34-hour Restart
In a move to keep driver’s on the road longer, the FMCSA kept a provision in the Hours of Service Regulations for Drivers that will allow companies to force them to be on the road 11 hours at a time and the 34 hour restart. These rules have been successfully challenged in court in the
Driver Turnover at Trucking Companies Drops to Lowest Level Since 1995 – Impact on Safety
The American Trucking Association announced driver turnover is the lowest it has been since 1995. Due to the recent downturn in the economy, drivers are worried they may not get another job if they leave so they are willing to stay put, and trucking companies are running fewer trucks which require fewer drivers. This trend highlights the
Ice Falling from Trucks – A Preventable Tragedy
In a snow storm, slabs of ice are formed on the roofs of parked trailers. Unless the ice is removed by the trucking company or the driver, the slabs of ice fall from the tractor trailers onto the highways and passing cars, creating significant danger on our highways. While falling ice has been a known hazard for decades, trucking companies
DEADLY TRACTOR TRAILER CRASH KILLS DORORTHY ROCA IN GREENE COUNTY, TN
Another tragedy occurred Saturday when a tractor trailer struck Armando Roca’s car from behind, killing his passenger and wife Dorothy Roca, on interstate 81 in Greene County, Tennessee. The collision occurred at approximately 2pm when the Roca’s car, driven by Mr. Roca, was rear ended by a tractor trailer driven by Samuel Alvarenga.
The Critical Importance of Continuing Legal Education in Hiring a Lawyer to Handle Your Trucking Case
I spend a HUGE amount of time lecturing other lawyers at continuing legal education seminars across the country. Why? Because it is important that lawyers stay current in trucking litigation issues if they are to represent families whose lives have been forever changed by a collision. In a small way, I am ensuring justice can
Court Blocks Direct Observation of Drug Tests for Truckers Who Tested Positive
The U.S. Court of Appeals for the District of Columbia recently put into place a temporary stay, preventing employers from directly observing employees take a drug test AFTER THEY FAILED THE FIRST ONE! I have not reviewed the case or the stay so this is off the top of my head but what were