Law & Regulations

FMCSA Considers “Middle Ground” for Cell Phone Ban

Recently, the Federal Motor Carrier Safety Association (FMCSA) proposed a new rule that would restrict the use of cell phones by tractor-trailer and commercial bus drivers. The FMCSA accepted public comment on the proposed rule, including suggestions for alternatives.

In designing a rule for cell phone use, the FMCSA had three options: do nothing, ban cell phone use entirely, or restrict cell phone use to hands-free devices but ban dialing or otherwise manipulating a cell phone while driving. The agency received over 400 responses from various individuals, companies, and interest groups involved in the trucking industry. Most of these results agreed that the new rule should take the middle ground, allowing the use of hands-free devices but restricting dialing and other activities that take the driver’s eyes off the road and hands off the wheel.

In reconsidering this “middle ground,” the FMCSA cited a recent study performed at Virginia Tech on distracted drivers. The study found that merely talking on a hands-free device did not distract truck drivers nearly as much as dialing or holding a cell phone did. The FMCSA noted that there was little evidence from any source to suggest that merely talking posed a significant risk – but that dialing a phone or looking up numbers made the risk increase.

While most truck drivers take their safety responsibilities seriously, no one is immune to distraction. If you’ve been injured in a Missouri truck accident, please don’t hesitate to contact the experienced truck accident lawyers in St. Louis at Page Law. We will examine your case carefully and help you fight to protect your legal rights. To learn more, call us today at 314-322-8515 for a free consultation.

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Federal CSA Program Focuses on Tractor-Trailer Safety

The Federal Motor Carrier Safety Administration, or FMCSA, is responsible for making sure that truck drivers do their work safely. Recently, FMCSA started a new program to increase safe practices among truck drivers and trucking companies and to decrease the number of injuries or deaths that occur in truck accidents each year. The program is known as “CSA,” which stands for “Compliance, Safety, and Accountability.”

CSA replaces FMCSA’s compliance review or CR program. The CR program focused on only a few motor carriers per year, leaving most drivers and their employers to figure out safety issues for themselves. CSA addresses these problems by tailoring regulatory oversight to the particular needs of different types of motor carriers and by partnering with states to ensure that commercial truck drivers and their employers are meeting federal and state standards for safe driving.

The CSA program began in December 2010. For most of 2010, however, FMCSA worked with several U.S. states, including Missouri, on a “trial-run” version of the plan. States implemented the new CSA methods of gathering information, evaluating motor carrier safety, and intervening when a driver or company faced a safety risk. FMCSA used the states’ feedback to adjust the final program.

Most truck drivers take safety seriously, but equipment failure, unexpected distractions, and other hazards can all increase the risk of an accident. If you’ve been injured in a truck accident, please don’t hesitate to call the experienced big rig accident attorneys in Missouri at Page Law. For a free consultation, call 314-322-8515 today.

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Large Truck Owner-Operators Fight Proposed Medical Exam Rule

Professional truck drivers are already required by federal law to have periodic medical checkups to ensure that they’re healthy enough to continue driving tractor-trailers on public highways. In order to ensure that truck drivers are getting medical exams from qualified medical professionals, the Federal Motor Carrier Safety Administration, or FMCSA, recently proposed a new rule that would require trucking companies to ensure their drivers see medical personnel who are listed on the National Registry of Commercial Medical Examiners.

The Owner-Operator Independent Drivers Association or OOIDA, however, has objected to the new rule. The organization argues that requiring truck drivers who own their own vehicles to make sure, after the exam, that the health care professional is on the registry is “unnecessary” and “redundant,” since the driver would be performing the check on him- or herself, not on an employee. OOIDA is the largest association of small business truck drivers in the U.S.

OOIDA also points out that truckers new to the business might accidentally violate the rule against using a driver who didn’t pass his or her medical examination. For instance, a new truck driver might have a physical exam and receive his or her certification to drive, but then discover after the fact that the physical exam is invalid and the driver isn’t really qualified to drive his or her own truck. Instead of improving safety, OOIDA argues, this requirement just makes for more paperwork for independent drivers.

FMCSA is responsible for creating rules that maximize safety and minimize risks when it comes to large trucks. Unfortunately, Missouri tractor-trailer accidents happen, and the results can be devastating. If you’ve been injured in a large truck crash, call the experienced Missouri big rig accident attorneys at Page Law. We will examine your case carefully and help you understand your legal rights and options. To learn more, call Page Law today at 314-322-8515 for a free and confidential case evaluation.

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Federal Government May Issue New Rules for Large Commercial Trucks

The National Highway Traffic Safety Administration (NHTSA) may begin requiring vehicles that weigh between 10,000 and 26,000 pounds to be outfitted with a rear object detection system.

Trucks of that size have a large blind spot in the rear. Research done by the NHTSA has found that vehicles of that size have an unusually high back-up fatality rate when compared with other vehicles. Each year, trucks of that size cause at least 79 fatalities and 148 injuries because of driving in reverse. The danger of a truck of that size killing someone in backing-related incidents is 8 to 17 times higher than for passenger vehicles.

According to the NHTSA, technologies are on the market that could greatly reduce the size of the blind spot for trucks in the rear, which could greatly reduce the backing dangers. Some states have already started implementing regulations in this area.

The NHTSA is currently proposing that trucks that weigh between 10,000 and 26,000 pounds and are manufactured within a year after the final rules are issued be required to meet one of two criterions. First, the truck could have cross view mirrors, which would have to meet certain requirements. The other option is for trucks to have rear visual systems. The NHTSA considered requiring back-up alarms, but found that young children, who are among the most at risk of being injured in a truck back-up accident, frequently can’t understand or respond to the alarms.

Although federal agencies, as well as truck manufacturers, have made great advances in improving the safety of large commercial trucks on the roads, thousands of Americans die each year in collisions with large trucks. If you or a loved one has been injured in an accident that involved a tractor-trailer or other truck, call the Missouri truck accident attorneys at Page Law, LLC today at 314-241-2273.

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Congress Considers Raising Tractor-Trailer Weight Limit

The U.S. Congress is considering a bill that would allow the limit on tractor-trailer weight to rise from 80,000 pounds to 97,000 pounds. The bill was introduced by U.S. Representative Michael Michaud and known as the Safe and Efficient Transportation Act.

If passed, the bill would allow individual states to increase their interstate vehicle weight limit to 97,000 pounds for any truck with a sixth axle. Supporters of the bill state that the required sixth axle would help the heavier trucks stop within the same distance and would distribute the additional weight more evenly over the truck’s tires. The bill also includes a separate fee for the sixth axle, which would be used to fund interstate bridge repairs.

Supporters claim that raising the weight limit to 97,000 pounds can be done safely and would decrease the need for additional trucks on the country’s interstates. However, opponents believe that the additional weight cannot be made safe. Opponents also point out that many U.S. bridges and highways are not built to support heavier trucks. There is also concern about the cost of updating these bridges and highways and about the safety of drivers who share these stretches of road with heavier trucks.

Truck accidents threaten the lives of hundreds of U.S. citizens each year. If you or a loved one has been injured in a Missouri truck accident, consider contacting the experienced Missouri tractor-trailer accident attorneys at Page Law. Our attorneys will review the details of your case and stand by you in the fight to get you just compensation for medical expenses, pain and suffering, and lost earnings. If you’ve had an accident involving a truck, don’t hesitate to call Page Law at (314) 322-8515 today for a free consultation.

Source:http://bulktransporter.com/fleet/trucks/transportation_coalition_presses_congress0701/

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Federal Texting Ban Takes Effect for Truck Drivers

The federal government has issued a ban on texting while driving, especially targeted at commercial truck drivers and bus drivers. According to a news report in USA Today, the new restrictions will take effect immediately and apply to interstate truckers and operators of vehicles carrying at least eight passengers. Those who violate this new rule could face penalties of up to $2,750. So far, 19 states and the District of Columbia prohibit texting while driving for all drivers.

Distracted driving is one of the biggest traffic safety issues we have on our roadways today. It is unsafe for all drivers – whether they are driving a compact car or an 18-wheeler – to text or use a hand-held cell phone while driving. Recent studies show that those who text while driving, take their eyes off the road for an average of 4.6 seconds. A vehicle traveling at highway speed can traverse the length of two football fields within that time.

However, when drivers of large trucks and commercial buses text, they are putting many more lives in danger than just their own. When the driver of a large big rig takes his eyes off the road, it can result in catastrophic accidents that have the potential to cause major injuries or deaths. Federal officials have themselves admitted that this is a tough law to enforce. But, it is a good first step, especially considering the devastation that distracted truckers have brought on the traveling public.

If you have been the victim of a serious truck accident – whether it is due to a distracted, reckless or negligent driver – please contact a skilled Missouri big rig accident lawyer who will analyze your case thoroughly and make sure you secure fair compensation for your injuries and losses. Call Page Law today for a free consultation and comprehensive evaluation of your claim. We can help.

Source:http://www.usatoday.com/news/washington/2010-01-26-texting-driving-commercial-ban_N.htm

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Missouri Tanker Spill Leaves Three Hospitalized

Three people were hospitalized after a tanker truck carrying hydrochloric acid flipped, spilling some of its load and sending a cloud of hazardous gas up in the air. According to a CBS news report, the truck was carrying about 45,000 pounds of the acid on Interstate 35 when it ruptured. About 250 gallons of hydrochloric acid spilled from the tanker. The acid cloud threatened the nearby Isle of Capri casino. However, no one was evacuated. One person in the casino was transported to an area hospital with respiratory issues. The truck driver and two police officers were also taken to the hospital for treatment of injuries as well as skin and throat irritation.

Trucks often transport hazardous materials and when the big rig crashes, the chemicals inside can spill, thus exposing hundreds or thousands of people to serious harm. In this particular case, it is not clear what caused the tanker to rupture and the acid to spill. However, if the materials were not stored properly or if proper safety measures were not taken, the trucking company and the truck driver may be held liable for the accident and injuries caused.

If you or a loved one has been injured as a result of a truck accident, you would be well-advised to retain the services of an experienced St. Louis MO truck crash injury lawyer at Page Law. Our knowledgeable personal injury attorneys will make sure that important evidence or records relevant to your claim are not destroyed. We will fight for your legal rights every step of the way and make sure that you get the justice and compensation you rightfully deserve. We are always on your side. Call Page Law at 1-866-620-5757 for a free consultation and evaluation of your Missouri truck accident case.

Source:http://www.cbsnews.com/stories/2009/11/30/national/main5837884.shtml

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Drug Use among Truck Drivers Prevalent, Study Finds

A recent investigative report by the Associated Press showed that tractor-trailer and bus drivers who tested positive for illegal drugs continue to get hired and return to work without the required treatment or testing. According to a study performed by the Government Accountability Office (GAO), 19 out of 37 commercial drivers who had a positive drug test in the last two years were hired elsewhere less than a month later. Their previous test result was not revealed and employers, apparently, never asked them about it or even tested them before hiring them.

How did these tractor-trailer and bus drivers who tested positive for cocaine or amphetamine use get around a pre-employment drug test? The study says that they either did it by “quickly going clean” or using products such as synthetic urine to clear the test. Federal drug regulations for truck drivers require prospective employers to request drug testing records, with the driver’s consent, from previous employers. But it seems as though trucking companies are hardly investigating new employees. They are apparently just too eager to put them to work.

The findings of this study are deeply disturbing. Alcohol and drug use is one of the causes of devastating truck accidents. It’s frightening to imagine a truck driver under the influence of cocaine or methamphetamine handling an 80,000-pound tractor-trailer.

If you have been injured by a drunk or negligent truck driver, you can file a claim against the trucking company to seek compensation for your injuries, damages and loss. Trucking companies will try to protect their employees and shift the blame on innocent victims. The skilled and experienced Missouri truck accident lawyers at Page Law will fight for your rights and make sure you get fairly compensated for your tremendous loss. Call Page Law today at (866) 620-5757 for a free consultation.

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Tired Truckers Rule the Road

The Obama administration is reconsidering a poor decision made by the Bush administration to extend truck drivers’ hours of service. This previous decision has placed the driving public at the mercy of fatigued truckers who are a genuine threat to public safety. According to a news report, the Bush administration, urged by the trucking industry, issued a federal rule allowing truck drivers to put in up to 11 hours a day and cut down the rest time they must get between work weeks as well. Before this rule was passed, truckers were allowed to work only 10 hours behind the wheel each day. Going over opposition by federal courts and the government’s own Occupational Safety and Health Administration (OSHA), the White House passed the rule anyway in October 2008.

This situation existed until the Obama administration worked out a deal recently with several safety advocacy groups to reconsider the Bush administration’s 11th hour rule. But here’s the worrisome part. Until the government is done reconsidering this rule, public safety is still in jeopardy because of tired truckers.

Missouri truck accident lawyers know that truck driver fatigue is a significant factor in many tractor trailer versus car, motorcycle, or other auto accidents. When a truck driver falls asleep at the wheel while operating an 80,000-pound vehicle, there is no question about the damage and devastation such a situation has the potential to cause. In a recent survey, 20 percent of long-haul truck drivers admitted to falling asleep at the wheel. That statistic in itself should tell us how often these dangerous situations are created on our roadways.

If you or a loved one has been injured by a tired, sleepy or fatigued truck driver, please contact Page Law to get more information about your legal rights and options. Our personal injury law firm can immediately alert our truck accident team and begin taking the same action as the truck company and their insurance company. Failure to file your claim promptly may forever bar your claim. The statutes of limitations vary from state to state and could limit the amount of time that a personal injury victim has to file a lawsuit. Please do not let this happen to you. Call skilled attorney John Page today at (866) 620-5757 for a free consultation and case evaluation.

Source:http://www.inthesetimes.com/working/entry/5188/driving_their_lives_away/

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Missouri Truckers and Texting Don’t Mix

The State of Missouri enforced a texting ban for drivers in August. According to a recent news report, this texting ban may affect truckers as well. Truckers are being especially careful because they cross several state lines and the laws change as they do so. Apparently, most truck drivers have CB radios to get information about road conditions and closures. But some say that the information from the radios doesn’t come quick enough. So the newer and younger drivers are turning to their cell phones for information.
Distracted drivers cause a number of deadly accidents in Missouri. Truck drivers are no exception. In fact, when a truck driver is texting, checking e-mail on a handheld device or talking on the phone, he or she can create a lot more opportunities for truck accidents because a big rig is a much bigger, heavier vehicle. A driver certainly needs to have two hands on the wheel to maneuver a tractor trailer safely.

If a truck driver is texting or talking on the cell phone and causes an accident, then he or she, as well as his or her employer – the trucking company – may be held liable for the accident and resulting injuries or fatalities. The victims in such cases could seek compensation to cover their injuries, damages and loss. Not paying attention to the road while driving amounts to truck driver negligence in Missouri.

If you or a loved one has been seriously injured in a Missouri truck accident, please contact an experienced Missouri truck accident attorney at Page Law for a free consultation and evaluation of your truck accident claim. We will fight for your rights and make sure the negligent party responsible for causing the injuries or wrongful death is held accountable. Call Page Law today at 866-620-5757.

Source:http://www.todaysthv.com/news/news.aspx?storyid=91855

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