truck accident prevention

Published on: January 6, 2011

NHTSA Proposal to Prevent Speed-Related Truck Accidents

The idea of using speed limiting devices to restrict speed limits on commercial trucks, and therefore, minimize the risk of speed-related truck accidents, has been floating around for a while now. In 2006, the American Trucking Associations and several other interested parties petitioned the National Highway Traffic Safety Administration to mandate speed limiting devices on all trucks. Last week, the NHTSA announced that it would initiate an NPR aimed at getting these devices installed in all trucks. If the rule does pass, there will be far fewer truck accidents and, therefore, many injuries avoided and many wrongful deaths prevented.

The NHTSA announced on its website a Notice of Proposed Rulemaking related to the mandating of such devices on all trucks. Proposals to have speed limiting devices installed on commercial trucks have been widely supported, not just by Atlanta truck accident lawyers, but also by trucking safety groups and the trucking industry.

It’s not every day that you get the trucking industry and Atlanta truck accident attorneys on the same page as far as trucking safety is concerned. However, on this issue, the American Trucking Associations has been extremely vocal in its support for such devices. However, not all trucking companies are happy about such rules. The Owner- Independent Operators Drivers’ Association, which consists of smaller independent trucking companies and drivers, has strongly opposed any rules to mandate these devices on truckers. The devices would limit the speed of trucks weighing 20,000 pounds and above to a maximum of 68 mph.

Published on: December 29, 2010

DOT Proposal to Prevent Distracted Driving Truck Accidents

by Robert N. Katz, Esq.

As Atlanta truck accident attorneyswho have been concerned about the lack of serious restrictions on cell phone use by truck drivers, we were happy with a new Department of Transportation proposal banning the use of handheld cell phones by truck and bus drivers. The banning of cell phones by truck drivers and bus drivers will greatly decrease the likelihood of truck accidents and bus accidents. Personal injury attorneys and lawyers for the trucking and busing companies will closely monitor the new proposal. Simply put, the ban would prevent a significant number of personal injuries and deaths each year.

This week, the DOT made a formal announcement, proposing the ban. The ban would include not just talking on a cell phone, but also holding and dialing a cell phone while driving.The announcement comes just months after a ban on text messaging while driving for both commercial truck and bus drivers earlier this year.

According to the DOT, inattention was a factor in 9% of all commercial truck accidents in 2009. Meanwhile last year, between 6% and 13% of all bus accidents were linked to distracted driving. Obviously, there is a need for a law that would completely ban the use of handheld cell phones and text messaging devices for all commercial truck and bus drivers.

Published on: December 28, 2010

FMCSA Proposes New Truck Driver HOS Rules to Prevent Truck Accidents

by Robert N. Katz, Esq.

The Federal Motor Carrier Safety Administration, which is responsible for issuing regulations to decrease truck accidents, this week proposed a series of changes in the current Hours of Service rules for truck drivers. According to the agency, the new rules will give the drivers more rest in a workday, allowing them to work fewer hours, and reducing the possibility of truck accidents. Of course, truck accidents pose one of the greatest risks of serious personal injury and death to drivers of cars. Lawyers for trucking companies and injury attorneys will be monitoring these changes very carefully.

Overall, the changes have been encouraging to Atlanta truck accident lawyers. The FMCSA is proposing the following changes:

· The possibility of restricted driving time from 11 hrs daily to 10 hours

Published on: August 27, 2010

Proposals to Mandate Speed Limiters on All Trucks Gather Steam

by Robert N. Katz, Esq.

Proposals to Mandate Speed Limiters on All Trucks Gather Steam

As Atlanta truck accident lawyers, we have supported efforts by truck safety groups to get the federal administration to mandate speed limiters on all commercial trucks.Ultimately, it might be environmental concerns that help meet that goal.

We’ve known for long that reducing speed limits on trucks can help prevent the catastrophic injuries and multiple fatalities that result during high-speed truck accidents.Besides, even a reduction of 1 mph in truck speed can contribute to a 1% increase in fuel efficiency. Environmental and trucking efficiency concerns are high right now, and this May, the President asked his administration to get to work on developing a policy that would tackle fuel efficiency and greenhouse gas emission concerns.Speed limiters will help meet both these targets.

Published on: June 28, 2010

Federal Regulation To Decrease Truck Accidents

by Robert N. Katz, Esq.

The Federal government finally decided to crack down on truck companies and truck drivers with poor driving records. According to the Federal Motor Common Carrier Safety Administration website the “Comprehensive Safety Analysis 2010, CSA 2010, is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce commercial motor vehicle (CMV)-related truck accidents, injuries and fatalities. The initiative has three major components – measurement, evaluation and intervention.Using inspection and truck accident results, the initiative identifies carriers and drivers whose behaviors could reasonably lead to truck accidents and injuries. The FMCSA and its state partners then evaluate the data to create better methods for improving the safety of these problem drivers and companies. Finally, the initiative allows the FMCSA to intervene to resolve safety issues with trucking companies and truck drivers who are unsafe.

However, at a recent meeting in Atlanta, Georgia sponsored by Eyefortransport, trucking companies complained that the new initiative will cause an increase in driver attrition of at least 5 to 8 percent. The American Trucking Association continues to support the initiative, but seeks to have two changes. First, it only wants data regarding accidents considered if the truck driver was determined to be at fault in the accident. Second, it does not want warnings issued by law enforcement officials considered in the data.

Simply put, it is about time that the FMCSA aggressively evaluated the safety and accident records of all truck companies and truck drivers.The initiative is likely to have two significant positive impacts. First, it will result in the removal of unsafe truck drivers from our public highways and roads. Second, it will cause truck drivers to driver more carefully due to the risk of losing their commercial driver’s license.In order to decrease the number of trucking accidents, there needs to be a significant change in how truck drivers choose to driver. The initiative is long overdue and needs to continue to be strengthened and not watered down.

Published on: May 31, 2009

New Legislation will make it Easier for Truck Companies to Weed out Bad Drivers, Prevent Accidents

by Robert N. Katz, Esq.

A new piece of legislation gives Georgia truck accident lawyers and families of victims who have died in accidents caused by drunk or pharmaceutically impaired truck drivers, plenty of cause for cheer. The legislation would set up a national database of commercial vehicle drivers’ alcohol and drug test results.

The legislation called The Safe Roads Act, has been introduced by Senators Mark Prior, D-Arkansas, Olympia Snowe, R-Maine, Ben Nelson, D-Nebraska and Roger Wicker, R-Mississippi. It will authorize $5 million every year to develop the database, and mandate trucking companies and medical review officers to report positive drug and alcohol test results to the Federal Motor Carrier Safety Administration. Employers will be required to check the database, and make sure that the driver they plan to hire, does not have a history of substance use.

Drug and alcohol testing is mandatory for commercial trucking companies. A company is required under law to conduct a drug test before a driver begins duty. In spite of this, far too many truck drivers continue to drive tractor trailers and buses after testing positive for drug and alcohol use. The system has too many loopholes to prevent such drivers from slipping through the cracks. For instance, a company could fail to verify the employee’s drug history. Applicants may not report their testing history accurately to new employers.