Last April, the Ohio Turnpike Commission increased its speed limit to 70 miles per hour.  The Ohio Trucking Association, along with the Ohio Department of Transportation and the Ohio State Highway Patrol, opposed the increase.  The Ohio Trucking Association’s President Larry Davis indicated that cars going faster result in more weaving in-and-out of traffic, making the roads less safe.  According to Mr. Davis and members of the Ohio State Highway Patrol, greater speed results in more injuries and fatalities.

Ohio lawmaker, State Representative Ron Maag, wants to increase speed limits from 65 mph to 70 mph for all of Ohio’s interstate freeways.  Yet, according to the Ohio Department of Public Safety crash statistics, unsafe speed and failure to control are the two primary contributing circumstances for traffic fatalities.

The Fatality Analysis Reporting System (FARS) data shows that Ohio’s roadway fatalities increased from 1,022 fatalities in 2009 to 1,080 fatalities in 2010, a 5.4% increase.  While official data has not yet been compiled for 2011, the Ohio State Highway Patrol reports that traffic fatalities for 2011 are likely to be in line with 2009’s statistics.  A steady annual decline in traffic fatalities should be a prerequisite before lawmakers decide to increase highway speeds.

Ohio should not celebrate the idea of increasing interstate speed limits.  We should pause to educate our lawmakers, our loved ones, and ourselves about the benefits of slowing down and planning ahead to allow for more realistic travel times.  Driving habits should not change if you are driving alone versus driving with family members in your vehicle.  Driving faster than road conditions allow may result in your own fatality or injuries to other motorists, and is certain to cause emotional harm to those you leave behind. We all need to be reminded to take it slow.  Let’s not wait to be reminded by another death on our roadways.

Authored by: Trial Attorney / Truck Accident Attorney – Andrew R. Young, Esquire – Class A CDL License

The new HOS rule retains the 11-hour daily driving limit but reduces the current 82-hour weekly limit to 70-hours by changing the 34-hour “restart” period.  Under this rule, a new 70-hour work week cannot restart until after a truck driver has a 34-hour rest period that includes two 1 a.m. to 5 a.m. periods of rest.

The trucking industry argues that the requirement of two overnight rest periods in the 34 hour “rest and restart” period is potentially more dangerous for our nation’s roadways.  They contend that the two (2) overnight rest periods from 1 a.m. to 5 a.m. will force millions more trucks on the road during daylight hours when traffic is at its highest.  More congestion on the roadways during daylight hours places all motorists at greater risk of an accident.  This issue was discussed with regulatory expert, Richard Wilson, on Allen Smith’s radio show, “Truth About Trucking.”

On the other hand, while the truck industry is pleased that the 11-hour daily driving limit remains in effect, safety advocates are disappointed that their proposed 10-hour daily driving limit wasn’t adopted.  In a statement released in conjunction with the news about the aforementioned five (5) year prison sentence, John Lannen, Executive Director of the Truck Safety Coalition, expressed concern about the new “inadequate hours of service (HOS) rule.”   The Truck Safety Coalition statement indicates that “the highest level of crash risk occurs during both the 10th and 11th hours of consecutive driving.”  The Federal Motor Carrier Safety Administration is continuing to research risks and listen to comments associated with the current 11-hour daily driving limit.

While both sides are disappointed in the new rule changes and continue to debate their points, one thing everyone can agree on is that this is a complicated problem requiring further communication, education, and collaboration.  As each side has legitimate concerns, this debate is likely to continue into the future.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young, Esquire – Class A CDL License

Performing maintenance checks and identifying minor problems before they become major breakdowns can save money by saving the life of the truck.  Meticulous inspections allow the truck driver to avoid costly breakdowns requiring expensive tows, days off-the-road, and costly repairs.  Regular inspections, maintenance, and properly documenting both will also help prevent the truck from being tagged out-of-service for Federal Code Violations.  Most important, regular inspections and timely maintenance can prevent equipment failures that could cause accidents producing serious injuries or fatalities.

According to the Federal Motor Carrier Safety Administration, “it is necessary for a motor carrier to generate an additional $1,250,000 of revenue to pay the cost of a $25,000 accident, assuming an average profit of 2%.”  Direct costs of an accident include: injury(s), driver medical costs, cargo damage, vehicle damage, loss of revenue, administrative costs, effect on the cost of insurance, and towing costs.  Indirect costs include: lost customers or contracts, lost time at work, the cost of hiring a replacement driver, damaged equipment downtime, replacement rental vehicle, accident reporting, medical costs, and poor public relations.

Conscientious inspections provide for the safety of the truck driver and for all highway motorists. Mr. Kennealy is quoted in the article as stating, “the last thing I would want to do is place myself and my truck in a bad situation where I could total my truck or, worse yet, lose my life.”  Not just truck drivers, but all motorists, should follow Mr. Kennealy’s example.  A commitment to maintenance saves money and the life of your vehicle, and can even save lives on the highway.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young, Esquire – Class A CDL License

As originally drafted, the proposed rule changes were to reduce the 11-hour daily driving limit to 10 hours.  While this daily limit reduction was not included in the final rule, the new HOS requirements will effectively reduce the maximum allowable hours a truck driver can work in one week.  The old rule’s 82 hours will now be reduced down to 70 hours, representing a 15% overall reduction in weekly HOS.  A 30-minute break after working eight (8) hours is also a new requirement.

Chronic fatigue results after working long daily and weekly hours on a continuing basis.  With chronic fatigue, truck drivers face chronic health conditions and the high risk of causing an accident.  Truck driver fitness remains a focus for both the truck industry and enforcement of new safety rules.  Improving driver health and ensuring that the driver receives adequate rest are both means of promoting safer highways.  The truck industry has plenty of time to adjust to the new rule because it does not go effect until July 1, 2013.  Truck companies and drivers will face stiff monetary penalties for compliance violations.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young, Esquire – Class A CDL License

While large truck fatalities were up, the overall number of people who died in all motor vehicle traffic crashes in the United States decreased from 33,833 in 2009 to 32,885 in 2010.   This data helps to track both favorable and unfavorable trends.  While, as a whole, America’s roadways have become historically safer, the trends show room for improvement, particularly in the areas of distracted driving, pedestrian deaths, and accidents caused by large trucks.

Accidents caused by large trucks that resulted in injuries, but not deaths, also increased by an alarming 12 percent. The trucking industry and regulators should be concerned by the upward trending numbers for both deaths and injuries.  Presently under consideration by Congress is a rule to reduce the number of hours that a truck driver can drive in a day.  The FARS data makes a compelling case for the proposed change in hours-of-service requirements designed to alleviate traffic accidents associated with fatigued driving.

Recently, lawmakers issued a new rule banning commercial drivers’ hand-held cell phone use to reduce fatalities and injuries caused by driver inattention.  A cell phone ban has even been recommended for all motorists.

The FARS data is a useful tool to increase awareness about highway safety.  This data definitely puts a spotlight on the trucking industry and helps frame the debate on future truck-related regulatory safety changes.  Lawmakers and the truck industry should make a New Year’s Resolution to make 2012 the safest year on record.  Let us use the FARS data to further bring awareness to problems plaguing our nation’s highway so that we can push through solutions focused on future roadway safety.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young, Esquire – Class A CDL License

Two weeks later, the National Transportation Safety Board (NTSB) called for a nationwide ban on the use of cell phones and text messaging devices while driving.

This author has previously written about the stepped-up enforcement of local bans in this area (“Woodmere to Enforce Ban on Cell Phones“), and about whether local, state and national regulators were doing enough to solve the problem of the distracted driver (“Are We Doing Enough About The Distracted Driver?”).  While this national effort to curb the use of cell phones is a promising start, it falls far short of solving the problem.

According to the National Highway Traffic Safety Commission (NHTSA), over 5,000 deaths are caused each year by the distracted driver.  Distracted drivers are not just those who choose to text while operating their vehicles, but also those who eat, read, talk or otherwise let their attention wander from the roadway in front of them. In fact, curbing cell phone use while driving may only reach the tip of the iceberg as far as solving this growing problem is concerned.

The Insurance Institute on Highway Safety (IIHS), a private group financed by auto insurers, has concluded that cell phone bans, such as those recently brought forth by the USDOT and NTSB, do not work.  Their studies conclude that, in those few states where bans have been instituted, crash rates have not decreased, whether those bans covered cell phone use, texting or both. Institute spokesman Russ Radar was quoted as stating, “Part of it is that distracted driving is much bigger than just phones” since  “focusing on phones doesn’t deal with the full spectrum of things that distract.”

What we need, as IIHS recommends, is not only laws, but strong laws, strong education, and strong enforcement.  These laws need to cover all forms of distracted driving, not just those involving cell phone use. The bus driver traveling with 50 children aboard the bus puts those kids in the same harm’s way whether eating lunch while driving or talking on the phone.  And if an accident results, killing those children, the grieving family is no less affected if the driver missed the red light because he or she was eating than they would be if he or she was talking on the phone.

Applaud the USDOT and the NTSB for their efforts. But do not fool yourself into thinking that those efforts fully solve the problem.

Authored by Attorney Jeffrey A. Leikin

National Public Radio did a story on the psychological symptoms associated with the uncontrollable outburst that leads to road rage.  NPR’s news correspondent, Patti Neighmond, interviewed Emil Coccaro, M.D., a psychiatrist from the University of Chicago.

During the interview, Dr. Coccaro defines road rage as a deeper underlying problem called Intermittent Explosive Disorder. Sudden outbursts associated with this disorder happen not only on the road, but in the workplace and at home.  It is often associated with individuals who “are compulsively rigid and explode when their sense of ‘order’ is upset.”   Dr. Coccaro also gives other examples of people who explode due to paranoia or rejection.  Dr. Coccaro is the co-author of a study which suggests that 6 percent of the population has the short fuse associated with this disorder.

Dr. Coccaro goes on to suggest that folks prone to these outbursts do not produce enough of the hormone serotonin.  As such, these individuals would do well with medications like antidepressants and mood stabilizers to help with the imbalance.  Other potential solutions to assuage the uncontrollable feeling of rage include not taking things personally or removing yourself from the situation.

If you are someone prone to these outbursts or know a loved one who may be prone to intermittent explosive disorder, then it is something that should be discussed with your doctor. We are all responsible for keeping our highways healthy and safe.   For further tips to avoid someone who is driving aggressively or displaying signs of road rage, please visit the blog post of November 23, 2011, Aggressive Driving – Just Let It Go.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young, Esq. – Class A CDL License

The Code of Federal Regulations 49 CFR Part 392.14 mandates that truck drivers use “extreme caution” when encountering hazardous conditions on our roadways.  “Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction.”   It is recommended that speed be reduced or travel be discontinued when such conditions exist.

All drivers, not just truck drivers, should use extreme caution when road conditions are less than ideal.  You are responsible for the safe operation of your own vehicle.  The Ohio Commercial Drivers License Handbook provides the following safety tips that can be used by all motorists: don’t brake any harder than necessary; take curves slower; don’t brake while in curves; don’t hurry; avoid driving alongside other vehicles; don’t pass slower vehicles unless necessary; and, give plow trucks plenty of room.

Tire maintenance also directly correlates with safe vehicle operation under extreme weather conditions.  Tires should be checked for proper inflation, condition, and tread depth.   A driver’s ability to control a vehicle is directly related to tire traction.  Before it gets much colder, take the time to check and adjust your tire inflation pressure.  At the same time, thoroughly examine the condition of your tires and the depth of your treads.

Likewise your ability to see is of the utmost important once the snow falls and your windshields become caked with salt spray.  Spending a few dollars to top off your windshield wiper fluid, and maybe even replacing or upgrading your old windshield wipers, will help you perceive hazards ahead.  Make sure you have a defroster that is working.  Try not to drive without first thoroughly cleaning and defrosting ice and snow off of your windshield, mirrors, and headlights.  Again, slow down, plan ahead, and take the time necessary to adequately prepare yourself and your vehicle for the changing weather.

It is not only better to be safe than sorry…it is better to be late than sorry.  Your safety and the safety of those around you depend on your ability to drive in extreme weather.  This winter it matters for all of us to be reminded to use extreme caution.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young, Esq. – Class A CDL License

A hearty thank you should be extended to Secretary of Transportation, Ray LaHood, for this announcement.  This rule further bolsters the message “Put it Down!” echoed in the government’s already  A+ dedicated website for public awareness about the hazards of distracted driving. Parents can even download a “talk to your teens” brochure about the hazards of texting while driving.

Earlier this year, Nurenberg Paris also dedicated funds toward this same public service announcement.  We have two (2) commercial billboards on major City of Cleveland Highways asking drivers to not text and drive with the accompanying slogan “Be Safe – Arrive Alive!”  We are also currently spending money on television commercials with the same message.

Driver inattention can turn deadly any time a driver takes his eyes off the road.  According to the Secretary LaHood’s Press Release, the Final Rules fines are steep, charging the truck or bus driver $2,750.00 for each offense.   If the holder of a Commercial Drivers License (“CDL”) has multiple offenses, then that individual can lose his or her CDL and be disqualified from driving a commercial vehicle.  The new Final Rule will affect four million commercial drivers. If truck and bus companies don’t educate their drivers about the new Final Rule, then they, too, can face penalties up to $11,000.00.

On behalf of our clients, and in keeping with the Thanksgiving Holiday, Nurenberg Paris would like to again thank Secretary LaHood and his team of government officials for taking this bold step in making our nation’s highways safe for our families and safe from the perils of distracted driving.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young – Class A CDL License

Aggressive driving too often becomes road rage which then leads to accidents.  But it takes two (2) to tango.  Both aggressive driving and road rage lead to nothing good and can often lead to severe accidents, sometimes accidents involving innocent motorists or pedestrians.  Not only are you increasing the odds of life-threatening injuries to other motorists on the highway, you are flirting with causing life-altering injuries and/or death to yourself.  Through the lives of the clients I represent, I see firsthand how accident-related injuries can take you out-of-work for months and leave you unable to pay your mortgage or rent.  We all work way too hard to allow a skirmish with another motorist to take everything you care for most away from you and your family.  Is that other, unknown motorist really worth that price?

The Ohio CDL Handbook teaches truck drivers to avoid being aggressive drivers and what to do when confronted by an aggressive driver.  You can diffuse the situation by avoiding hand gestures, slowing down, and increasing your following distance.  The Handbook also teaches that you “put your pride in the back seat. Do not challenge them by speeding up or attempting to hold your own in the travel lane.” Avoiding eye contact, ignoring gestures, and refusing to react to the other driver is a safe bet to ensure your safety.

Our public roadways need drivers to be cautious, courteous, and conscientious.  Aggressive / reckless driving will ruin not only your life, but the lives of your loved ones and possibly the lives of other innocent victims.  Cooler heads will prevail.  If an aggressive driver is being aggressive with you, don’t react…just let it go.

Authored by: Trial Attorney / Truck Attorney – Andrew R. Young – Class A CDL License