The Federal Motor Carrier Safety Administration (FMCSA) has withdrawn its November 28, 2014 advance notice of proposed rulemaking (ANPRM) increasing financial responsibility for motor carriers, freight forwarders, and brokers. FMCSA is authorized to establish minimum levels of financial responsibility for motor carriers at or above the minimum levels set by Congress.

The 2014 ANPRM arose from a study ordered by Congress in response to the increasing costs of truck-related crashes. In April of 2014, FMCSA reported to Congress that current financial responsibility minimums for the commercial motor vehicle industry were inadequate to meet the costs of some crashes. Congress considered raising the insurance minimum for general freight from $750,000 to $1 million, but decided to have FMCSA prepare an analysis that could become the basis for changes in the standard. The last minimum adjustment was in 1985, which set the current standard of $750,000 for general freight, $5 million for the most dangerous hazmat freight and $1 million for other hazmat freight.

Continue Reading FMCSA Withdraws Rulemaking for Increase Minimum Insurance Requirements

A new video of crash tests conducted by the Insurance Institute for Highway Safety (IIHS) show how underride guards can prevent passenger vehicles from going underneath the side of a tractor trailer in a collision. Check out the video below*.

Continue Reading Video Shows Side Underride Guards Can Stop Cars from Sliding Under Tractor-Trailers

Volpe, The National Transportation Systems Center reports that nearly half of bicyclists and one quarter of pedestrians who are killed by a large truck first impact the side of the truck. During a crash with a large truck that has high ground clearance, pedestrians, bicyclists, and other vulnerable road users can fall into the space between the front and rear wheels and suffer often-fatal crushing injuries. Truck side guards are vehicle-based safety devices that physically cover that exposed space, shielding road users from being swept underneath the wheels.

Volpe’s review of side guard design and crash outcomes in countries requiring these safety devices indicates that the safety effectiveness of sideguards is well established. For example, following a mandate requiring truck side guards in the United Kingdom, studies showed that there was a 61 percent drop in cyclist fatalities and a 20 percent drop in pedestrian fatalities related to side-impact collisions with trucks.

Continue Reading Truck Side Guards Increase Safety

In February, a truck driver died when his tractor trailer crashed through the guard rail and went over the side of the Chesapeake Bay Bridge, plunging into the water. Many were quick to blame the crash on high winds when it came to light that just before the crash, a wind restriction prohibiting tractor-trailer traffic on the bridge had been lifted.

However, Chesapeake Bay Bridge-Tunnel authorities maintain the crash occurred due to the driver’s error in passing another tractor trailer – and was not wind-related. CBBT Police Chief Edward Spencer says the truck was in the right lane when the driver attempted to pass a tractor trailer in front of him. Upon returning to the right lane, the truck rode up onto the curb, went through the guard rail, and fell into the water below.

Continue Reading Tractor Trailers, Bridges, and Wind Restrictions

A 2012 federally-funded study conducted by the Virginia Tech University Transportation Institute and the American Transportation Research Institute, revealed that speed reduction decreases the number of truck crashes on U.S. roadways. The study included data from 20 fleets, 15,000 crashes, and 138,000 trucks.

The National Highway Traffic Safety Administration (NHTSA) has used the study as supporting evidence for its new proposed rule to mandate Speed Limiters on commercial vehicles. The Speed Limiter Rule would physically prevent trucks from exceeding a maximum speed of up to 68 miles per hour.

Continue Reading Lower Speeds Decrease Truck Accidents

The Federal Motor Carrier Safety Administration (FMCSA) is continuing its campaign to prevent crashes by improving commercial truck safety. It recently issued a modification rule to allow voluntary placement of safety devices in the windshield area of cars and commercial vehicles. These safety systems are reputed to decrease driver errors and protect those on the road from catastrophic crashes and injuries. The FMCA has the authority to “regulate drivers, motor carriers, and vehicle equipment,” including regulatory power over commercial vehicle safety.

Continue Reading New Rule Permits Windshield-Mounted Safety Devices

The Department of Transportation recently announced a proposal to add speed limiting devices to commercial trucks in an effort to improve highway safety. The devices would physically prevent trucks from exceeding a maximum speed—recommended at 60, 65, or 68 miles per hour. The rule would apply to commercial vehicles over 26,000 pounds with motor carriers responsible for maintaining the devices and enforcing the speed rules.

Every driver knows that cars must share the highways with commercial trucks. There isn’t a separate road system. Big rigs weigh upwards of 80,000 pounds and that puts passenger cars at a serious disadvantage in a crash. The weight of the vehicles and speed at impact sometimes result in multi-car pile-ups and almost always result in serious injury or death.

Continue Reading Mandatory Speed Limiter Technology Rule May Reduce Commercial Truck Accidents

We’ve all experienced it. You are driving down the freeway at 65 miles per hour in the middle lane. Suddenly a massive eighteen wheeler looms in your rearview mirror. Or one roars past you well in excess of the speed limit. Or, even worse, both trucks barrel down on you at the same time. It is intimidating and frightening to be in the path of an 80,000 pound big rig while driving in a 3000 pound car. Here’s why you should be frightened: that truck driver may be exhausted, on the verge of falling asleep, and about to crash into you or the cars around you.

Continue Reading Are Long-Haul Truckers Asleep at the Wheel?

Monday’s Huffington Post contained an article entitled “Trucks are getting more dangerous and drivers are falling asleep at the wheel. Thank Congress.” This article is described as “the inside story on how the trucking industry and politicians have conspired to make our highways less safe.”

The article in question highlights the catastrophic collision and injuries suffered by Illinois State Trooper Douglas Balder when his police vehicle was struck by a flatbed due to the driver’s fatigue. It then draws a link between this specific instance and Congress’ ongoing failure to protect the public from the negligent conduct of the trucking industry.

More specifically, the article outlines how Congress has been caving to lobbyists from the trucking industry that want to roll back, block, and/or modify at least a half-dozen safety regulations.

While the Federal Motor Carrier Safety Administration (FMCSA) has recognized the mounting evidence demonstrating that sleep apnea has caused perilous levels of fatigue to drivers, pilots, train engineers, and others who need to remain alert at work, trucking lobbyists have been successful in persuading the FMCSA to back off and ultimately withdraw its proposed rules that would have required over weight truckers to get checked for sleep apnea.

To further compound this egregious conduct, trucking industry lobbyists “approached allies in Congress to write a law that would require the agency to follow the longer, more cumbersome formal rule making course.”  This was done to slow the FMCSA from enacting more stringent rules that would make our highways safer.

If you were involved in a trucking accident, it is strongly recommended that you seek experienced counsel immediately.