Federal Motor Carrier Safety Administration rules fireworks more important than preventing truck accidents

The Federal Motor Carrier Safety Administration (FMCSA) has decided to give nine trucking company members of the American Pyrotechnics Association exemption from its hours of service (HOS) regulations. This means that these trucking companies transporting fireworks are allowed to drive their trucks past the 14-hour time limit that other truckers must follow.

There are so many things wrong with this decision.

Our truck accident lawyers know with scientific certainty that truck driver fatigue causes more truck crashes. This applies to all drivers, of course, but there is a big difference between an 80,000 pound tractor-trailer truck and a 6,000 pound car. This is why commercial trucks require professional drivers, special tests and a license (the CDL). There are also certain hours of service requirements to drive these trucks, in order to avoid otherwise preventable truck accidents from occurring.

We also know that fatigue is one of the most significant factors responsible for a large number of the 5,000 Americans who are killed in truck accidents every year. And we know driver fatigue is responsible for the tens of thousands more who suffer serious personal injury in other trucking accident cases, such as my own client in Fairley v. Schiber Truck Co. in Jackson County, last December.

We know that truck drivers who continue to drive trucks over regulated hours, called “hours-of-service” rules, are less able to perceive and to react to road conditions. We know these delayed perception and reaction times cause precious seconds to pass before a fatigued driver can apply air brakes, or turn his wheel to avoid crashing into a pedestrian or car.

We know tired and fatigued drivers fall into “micro or mini-sleeps” when they literally are asleep at the wheel - the wheel of an 80,000 pound metal missile driving down our roads.

And we know that at the most basic level, a tired trucker makes bad decisions.

In fact, these tired and fatigued truck drivers pose such a danger to public safety that there is a specific federal safety regulation, FMCSR 392.3 Ill or fatigued driver, that specifically prohibits truckers from continuing to drive over the mandatory hours of service rules. Here’s a blog on how to nab the tired trucker in a deposition.

Well, not anymore.  We can forget all that. Because it is apparently more important that we get our pyrotechnics and fireworks - made in China, of course - then it is to save lives and protect the public.

The FMCSA has announced its decision to grant the application for exemption from the American Pyrotechnics Association on behalf of nine member trucking companies seeking “relief” from the FMCSA’s hours-of-service (HOS) regulations, which prohibit truck drivers of commercial motor vehicles from continuing to drive after 14 hours. “Relief” is sadly, the word the organization chose to use that’s responsible for enforcing mandatory trucking safety standards.

The exemption for trucks carrying fireworks is effective during the periods of June 28, 2011, through July 8, 2011, and June 28, 2012, through July 8, 2012, inclusive.

Who knew the pyrotechnic industry wielded such power?  Apparently, instead of just planning a little earlier so its trucks can deliver its fireworks and pyrotechnics on time, we are having large commercial trucks loaded with pyrotechnics now being driven on our roadways by tired and fatigued drivers who can now keep driving past the 14 hour hours of service rules!

Can’t wait to see what the toxic waste lobby petitions for…

- Steven Gursten is a partner of Michigan Auto Law. He is past president of the American Association for Justice Truck Accident Litigation Group, and has received the top-reported jury verdict in Michigan for truck accidents, according to Michigan Lawyers Weekly.

- Photo courtesy of Creative Commons, by bayasaa

Related information:

Michigan truck accident FAQs

What safety violation is the No. 1 truck accident predictor?

Truck drivers on drugs - and how to catch them

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit to better serve you. Call (800) 777-0028 for a free consultation with one of our truck accident lawyers.

Kansas City Auto Accident Blog

Federal Motor Carrier Safety Administration rules fireworks more important than preventing truck accidents

The Federal Motor Carrier Safety Administration (FMCSA) has decided to give nine trucking company members of the American Pyrotechnics Association exemption from its hours of service (HOS) regulations. This means that these trucking companies transporting fireworks are allowed to drive their trucks past the 14-hour time limit that other truckers must follow.

There are so many things wrong with this decision.

Our truck accident lawyers know with scientific certainty that truck driver fatigue causes more truck crashes. This applies to all drivers, of course, but there is a big difference between an 80,000 pound tractor-trailer truck and a 6,000 pound car. This is why commercial trucks require professional drivers, special tests and a license (the CDL). There are also certain hours of service requirements to drive these trucks, in order to avoid otherwise preventable truck accidents from occurring.

We also know that fatigue is one of the most significant factors responsible for a large number of the 5,000 Americans who are killed in truck accidents every year. And we know driver fatigue is responsible for the tens of thousands more who suffer serious personal injury in other trucking accident cases, such as my own client in Fairley v. Schiber Truck Co. in Jackson County, last December.

We know that truck drivers who continue to drive trucks over regulated hours, called “hours-of-service” rules, are less able to perceive and to react to road conditions. We know these delayed perception and reaction times cause precious seconds to pass before a fatigued driver can apply air brakes, or turn his wheel to avoid crashing into a pedestrian or car.

We know tired and fatigued drivers fall into “micro or mini-sleeps” when they literally are asleep at the wheel - the wheel of an 80,000 pound metal missile driving down our roads.

And we know that at the most basic level, a tired trucker makes bad decisions.

In fact, these tired and fatigued truck drivers pose such a danger to public safety that there is a specific federal safety regulation, FMCSR 392.3 Ill or fatigued driver, that specifically prohibits truckers from continuing to drive over the mandatory hours of service rules. Here’s a blog on how to nab the tired trucker in a deposition.

Well, not anymore.  We can forget all that. Because it is apparently more important that we get our pyrotechnics and fireworks - made in China, of course - then it is to save lives and protect the public.

The FMCSA has announced its decision to grant the application for exemption from the American Pyrotechnics Association on behalf of nine member trucking companies seeking “relief” from the FMCSA’s hours-of-service (HOS) regulations, which prohibit truck drivers of commercial motor vehicles from continuing to drive after 14 hours. “Relief” is sadly, the word the organization chose to use that’s responsible for enforcing mandatory trucking safety standards.

The exemption for trucks carrying fireworks is effective during the periods of June 28, 2011, through July 8, 2011, and June 28, 2012, through July 8, 2012, inclusive.

Who knew the pyrotechnic industry wielded such power?  Apparently, instead of just planning a little earlier so its trucks can deliver its fireworks and pyrotechnics on time, we are having large commercial trucks loaded with pyrotechnics now being driven on our roadways by tired and fatigued drivers who can now keep driving past the 14 hour hours of service rules!

Can’t wait to see what the toxic waste lobby petitions for…

- Steven Gursten is a partner of Michigan Auto Law. He is past president of the American Association for Justice Truck Accident Litigation Group, and has received the top-reported jury verdict in Michigan for truck accidents, according to Michigan Lawyers Weekly.

- Photo courtesy of Creative Commons, by bayasaa

Related information:

Michigan truck accident FAQs

What safety violation is the No. 1 truck accident predictor?

Truck drivers on drugs - and how to catch them

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit to better serve you. Call (800) 777-0028 for a free consultation with one of our truck accident lawyers.

Michigan Auto Lawyers

Chicago gets tougher on bicyclists disobeying the rules of the road

Last week the Chicago Police Department, the Chicago Department of Transportation, and the City of Chicago’s Bicycling Ambassadors program kicked off part of what officials call their “Share the Road” campaign aimed at enforcing Chicago’s oft-disregarded biking traffic laws and educating citizens on the proper ways to avoid injuring cyclists on the road, the Chicago Tribune is reporting. According to officials, 240 warnings and one ticket were given over a two-hour period at a single intersection during rush hour.

The intersection of Milwaukee Avenue and Desplaines and Kinzie Street was chosen because of the high volume of bicyclists who often pedal through red lights and encroach on crosswalks meant for pedestrians, making accidents and close calls a regular occurrence. As officials issued the warnings to cyclists and stressed the importance of following the law, some cyclists reminded officials that they were well aware of the laws and were only breaking them to avoid having to share the road with aggressive motorists who frequently cut them off and are generally unaware of their presence.

According to CDOT, an average of 1,300 crashes involving bicyclists occur every year in Chicago and about five of those end in death. As biking becomes more popular in the face of high gas prices and traffic congestion, the city is taking steps to increase biker safety through the education of motorists and cyclists, while improving the infrastructure of biking routes.

Coinciding with the sting operation was a press conference by Mayor Rahm Emanuel to kick off construction on a half-mile stretch of protected bike lanes running on Kinzie Street from Milwaukee Avenue to Wells Street, the first of a planned 100 miles of protected bike routes being built in the next four years, according to the Chicago Sun-Times.

“I want Chicago to be the bike-friendliest city in the country,” Emanuel said.

While protected bicycling lanes, stricter enforcement of bicycling traffic laws, and increased safety education is welcome in a city where bicycling injuries are all too common, there is still a dire need for drivers to become more educated and aware of the laws, as often their ignorance or lack of awareness is to blame for bicycling accidents. Even the most diligent bicyclist is subject to potential serious injury as long as motorists continue to swerve into bike lanes, open their doors without checking for oncoming bikers, and turn in front of unseen riders as they lose focus on congested streets.

Illinois bike accident attorneys at our firm applaud the City of Chicago for taking steps to increase bicycle safety, but we still remain adamant that without a substantial effort to crack down on motorists who violate the rules of the road, injuries to bicyclists will remain both prevalent and avoidable.

For more information on bicycling safety and Chicago’s plans to improve cycling in the city, please visit the links below:

* Illinois Department of Transportation Bicycling Information
* City of Chicago Bicycling Information
* Bike 2015
* Chicago Bike Program

This article was co-written by Shane Nichols, a 2nd year law student at the John Marshall Law School in Chicago.

Chicago Car Accident Lawyer

Mayor Calls For Stricter Rules after City Employee allegedly caused Chicago Pedestrian Accident

Streets and Sanitation Commissioner Tom Byrne was given strict orders from Mayor Rahm Emanuel earlier this week to tighten up city enforcement of road laws, according to the Chicago Sun-Times. This order comes after a pedestrian accident in Chicago, allegedly caused by a city employee driving drunk.

We previously reported on our Chicago Personal Injury Lawyer Blog that eight people suffered injuries after a city worker allegedly lost control of his truck in the Gold Coast community. The city worker is being accused of driving under the influence at the time of the accident.

Our Chicago car accident attorneys understand that intoxicated motorists are frequently responsible for the serious and fatal accidents that occur on our roads. It's particularly egregious that a city employee is involved.

“One of the things I said to Commissioner Byrne was I want to know what steps need to be taken so, in the future, this does not occur again — both at the level of management and at the level of employees,” Emanuel said.

The 61-year-old city worker reportedly had a blood alcohol concentration of more than twice the legal limit. Termination proceedings have already been started by the city against that employee. The mayor wants more done though. He says firing the worker isn't enough to suffice for these types of tragedies that affect the lives of the injured and cost the city millions.

Prosecutors report that the city worker plowed through the group of pedestrians in a city vehicle, a Ford F-150, with a bottle of brandy in his cab. The driver is being held of a $400,000 bond and is facing charges including four counts of felony aggravated DUI and two counts of misdemeanor DUI. He was also cited for negligent driving, failing to reduce speed and transporting open alcohol in a vehicle.

“You take these moments, you deal with them and there are lessons learned for future. And I’ve directed Commissioner Byrne to come back with recommendations,” said Emanuel.

Currently, city employees that hold a valid driver’s license are subject to random drug and alcohol tests. The employee that took out several pedestrians earlier this week was not a part of these random screenings. He was a worker assigned to empty garbage cans and to collect stray debris throughout the city.

“Streets and Sanitation is conducting its own internal review into all aspects of this incident, including supervision, to determine if any policies and procedures should be changed to prevent such incidents in the future,” Smith said.

Employees that have jobs similar to this city employee are only subjected to drug and alcohol tests after being involved in an accident. This worker was tested earlier this year, in March, after an on-the-job accident that resulted in property damage. His previous test came back with negative results.

“Random drug [and alcohol] testing for laborers would have to be negotiated with the union. The city cannot implement the tests unilaterally,” Smith said in an e-mail response to the Chicago Sun-Times.

All motorists are asked to both keep a watchful eye out for pedestrians and to refrain from drinking and driving. This city worker reportedly had neither in mind and in turn injured a number of innocent residents. The city reports to have upped its efforts to keep an eye on their employees to reduce the risks of such accidents in the future.

If you or a loved one has been involved in a bicycle or pedestrian accident in Chicago, contact the personal injury lawyers and wrongful death attorneys at Abels & Annes P.C. for a free and confidential consultation to discuss your rights. Call (312) 924-7575.

Chicago Car Accident Lawyer