The National Highway Traffic Safety Administration (NHTSA) released their annual Fatality Analysis Reporting System (FARS) numbers on October 3rd 2018, which shows that roadway fatalities were down 2 percent year-over-year in 2017. In spite of this, the NHTSA warned that this decrease did not necessarily indicate “an across-the-board trend.”
American Association for Justice Sends FMCSA Comments in Response to Hours of Service Proposed Rule
Regulations & Laws, Safety, Trucking AccidentsThe American Association for Justice (AAJ) has submitted comments in response to the Federal Motor Carrier Safety Administration’s (FMCSA) advance notice of proposed rulemaking for hours-of-service (HOS) for commercial truck drivers. The rulemaking process was first announced at the end of August 2018, when the FMCSA declared that they would be reviewing the existing HOS regulations which limit the total operating hours a commercial truck driver works on duty.
The FMCSA announced that four specific areas of the regulations would be “under consideration for revision.” Read more
National Highway Traffic Safety Administration Slow to Make Changes as Deadly Truck Crashes Increase
Legal Developments, Regulations & Laws, Safety, Trucking AccidentsAccording to the U.S. federal government statistics, over 4,300 people have been killed in crashes involving tractor-trailers and other large trucks in 2016, which is a 28 percent increase over 2009. Fatal truck crashes are growing at almost three times the rate of deadly crashes overall in the U.S. For years, the National Transportation Safety Board (NTSB) has supported life-saving legislation that would require all heavy trucks to be equipped with crash-avoidance technology.
Specifically, the NTSB has demanded that the National Highway Traffic Safety Administration (NHTSA), the federal regulatory agency responsible for protecting people from danger on U.S. roadways, to take action to prevent trucks from rear-ending other vehicles. On at least 10 occasions since the late 1990s, the NTSB has recommended that the NHTSA require forward crash avoidance and mitigation systems on all heavy trucks.
Two decades after the safety board first made their recommendation, NHTSA still has yet to publish a proposed regulation, much less implement one.
Truck Safety Technology Can Prevent Thousands of Crashes Every Year
Regulations & Laws, Safety, Trucking AccidentsA new AAA Foundation for Traffic Safety report found that truck safety technologies can prevent as many as 77,077 crashes, 23,275 injuries, and the loss of 500 lives per year. The report, Leveraging Large Truck Technology and Engineering to Realize Safety Gains, examined the safety benefits and costs of installing four advanced safety technologies in existing and new large trucks.
In 2015, large trucks were involved in more than 400,000 crashes that resulted in more than 4,000 deaths and 116,000 injuries.
AAA Report Illustrates Potential Impact of Individual Safety Technologies
AAA recommends that all large trucks – those already on the road as well as new trucks – be equipped with cost effective technologies that improve safety on the road.
Highway fatalities are climbing and the nation’s roads and bridges are deteriorating at a fast pace; nonetheless the trucking industry is again asking Congress to permit a new generation of heavier trucks. The higher weight limit is supported in part by the trucking industry and by shippers who would benefit from moving heavier loads.
According to the Federal Motor Carrier Safety Administration’s (FMCSA) “Large Truck and Bus Crash Facts 2015,” 4,311 large trucks and buses were involved in fatal crashes in 2015, an eight-percent increase from 2014.
Truck driver fatigue, speeding, and the difficulty of stopping a heavy vehicle all contribute to the disproportionate involvement of trucks in crashes. Many fatal truck crashes involve rear-end collisions. These crashes are usually caused when trucks come up on stalled vehicles.
A recent study conducted by the Ontario Ministry of Transportation (MTO) found that speed-related, at-fault truck crashes dropped by 73 percent after mandatory speed limiter technology legislation took effect in Ontario, Canada.
Other findings of the study include:
- Post 2009, large truck drivers produced fewer at-fault speed collisions relative to all at-fault driver actions
- There is no evidence to suggest worse collision outcomes for large truck drivers post 2009
- The percentage of truck drivers that were struck from the rear stayed more-or-less the same from pre- to post-legislation (10.03 percent of total collisions 2006-2008 and 10.47 percent 2010-2012), whereas for other drivers the rate increased (18.6 percent 2006-2008 and 21.3 percent 2010-2012)
The year-long study dispelled opponents’ position that requiring large trucks to slow down would lead to rear-end crashes. The study further discounted the contention that speed limiters would cause truck drivers to adjust their driving habits to compensate for lost time resulting from slower driving.
The study found no evidence that speed limiters contributed to an increase in collisions involving truck drivers, including rear-end crashes.
Trucking Companies Implementing Safety Technology to Decrease Insurance Premiums: Doing the Right Thing for the Wrong Reason
Safety, Trucking AccidentsIn an attempt to keep insurance rate increases down, and possibly avoid cancellation, some trucking companies are implementing policies requiring truckers to use certain safety technology — such as onboard cameras and cellphone call/text blockers.
Onboard video cameras can capture risky driving and crash or road rage footage. Also, the video footage can be used in employee training and the employee review process. Overriding some drivers’ objections to being monitored by dashboard cameras for privacy and other reasons, the trucking companies noted that there are also benefits to such monitoring for the drivers. Video dashboard monitors can help a driver correct safety-related driving errors.
Video Shows Side Underride Guards Can Stop Cars from Sliding Under Tractor-Trailers
Safety, Trucking AccidentsA 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*.
While driving, you may occasionally notice protruding spike-like lug nut covers on the wheels of tractor-trailers. While usually made of plastic, these spikes may also be made of aluminum or metal. One hazard is that these spikes may extend out too far from the outer edge of the rim of the wheel and come into contact with other vehicles, including motorcyclists and bicyclists, or even pedestrians.
As I previously discussed in a prior blog post, nearly half of bicyclists and one quarter of pedestrians who are killed by a large truck first impact the side of the truck. It is easy to see the increased danger of side impacts if the bicyclist, motorcyclist, or pedestrian makes contact with a wheel’s spikes.
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.
ABOUT OUR ACCIDENT AND PERSONAL INJURY PRACTICE
Our accident and personal injury practice serves as many as 2,000 clients per year, and every case is supervised by a certified trial lawyer. As a result of our experience and through careful assessment and preparation, our accident and personal injury lawyers help victims and their families obtain cash settlements for lost wages, medical expenses and pain and suffering. We have developed Accidental Injury Trauma Teams of lawyers and paralegals, who offer clients the benefit of an immediate response. Read More