The American Trucking Association has recently been lobbying Congress to expand current weight limits for semi trucks. The Jere Beasley Report states that, since 1991, the weight limit for such trucks has been 80,000 pounds. The industry is now hoping to increase that weight limit to nearly 100,000 pounds. Many trucking manufacturers firmly assert that this change would be beneficial for everyone, but the proposal has been met with criticism from many safety advocates.

The American Trucking Association defends a weight increase by suggesting that, by increasing the amount of products each truck could carry, it would actually decrease the number of trucks on the road. This could result in fewer emissions, and solve the current problem of driver shortage, according to the Athens Banner-Herald. The organization also states that when heavy trucks are allowed on highways, they will not have to take side-roads in order to avoid weight regulations. The ATA has implied that this might increase safety by keeping large trucks from entering residential areas and thus remaining on highways where infrastructure is better equipped to handle their weight. According to the Knoxville News Sentinel, Michael Robinson, Director of Legislative Affairs for the American Trucking Association, said “We think it’s important for the economy and for the environment.”

Despite the ATA’s promising view of an increase in weight limitations, such a shift would pose some very serious problems. It would certainly increase the stress and strain on highway infrastructure, which is a major safety concern. Considering federal funding for such maintenance is decreasing, the problems created by heavier vehicles could prove quite severe. Heavier trucks would also be more difficult to stop in emergencies. The fatality rate in heavy truck crashes is 50-60%, already twice that of smaller vehicles.

Additionally, truck manufacturers do not undergo strenuous safety testing the way other vehicles do. It is also unlikely that the trucking industry would change design processes to improve crashworthiness to accommodate these heavier weights. So, even with the purported benefits of increasing the weight of semi-trucks, the fatality statistics in truck crashes would likely only continue to rise.

Ultimately, the safety threat of larger and heavier trucks is very real. If you feel strongly about keeping these trucks off the road, contact your Congressional representative. It is imperative that the safety of the average citizen is protected, not the safety of big business’ profit.

At Borchardt Law Firm, we wish for no family to ever experience incapacitating tragedies due to truck accidents. Our firm has the experience and the drive necessary to continue to strive for the improved protection of future generations of Texans. If you or a loved one has ever suffered from a related misfortune and feel that your safety was overlooked, don’t hesitate to contact a lawyer to discuss any legal compensation you might be entitled to. Borchardt Law Firm represent clients over many areas in Texas; feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
801 Cherry St #1005
Fort Worth, Texas 76102
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The Look Twice campaign will consist of new billboards along many Texas highways and will also include both English and Spanish public service announcements across the air, advocating drivers to look twice for motorcycles and blind spots. The campaign is pushing for all drivers, whether you’re driving a motorcycle or car, to particularly look twice when changing lanes or making turns at intersections, where most motorcycle accidents occur. More than half of the 470 fatalities could have been avoided by simply looking twice. (read full article)

As most of us know, motorcycles already come with a high risk due to the lack of protection a bike has. According to the National Highway Traffic Safety Administration, there are over 4 million motorcycles registered in the U.S., making up two percent of all vehicles registered in U.S. However, even though motorcycles represent only two percent of all vehicles in the U.S., they also represent five percent of all highway fatalities each year. More than likely motorcycle accidents end in serious injury or fatality, compared to a car where 20 percent of accidents result in serious injury or fatality. Motorcycle drivers need to be aware of all safety precautions before heading out on the road. To read the most updated list of motorcycle safety tips click here.

Whether or not you are driving a motorcycle or car, drivers need to be extremely cautious on the road. The road can be a very dangerous place, especially when distractions, alcohol, drugs or even simple mistakes come into place. Based on reportable crashes registered by the Texas Department of Transportation, in 2010 one person was killed in a car accident every 2 hours and 54 minutes, one person was injured every 2 minutes and 26 seconds and one reportable crash occurred every 81 seconds. Motorcycle, car and truck accidents can lead to devastating events, unfortunately some of these accidents are unavoidable. If you or a loved one have ever been in an accident and feel the other driver was at fault for a reason that could have been avoided, don’t hesitate to contact a lawyer to discuss any legal compensation you might have. At Borchardt Law Firm, we have seen and dealt with many vehicular lawsuits and feel the work we do will continue to better protect future generations of Texans. Feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
801 Cherry St #1005
Fort Worth, Texas 76102
Sources:

http://www.wfaa.com/news/health/TXDOT-launches-motorcycle-campaign-in-effort-to-save-lives–148199505.html

http://www.nhtsa.gov/people/injury/pedbimot/motorcycle/motosafety.html

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2010/01_2010.pdf

SteerSmart is a non-profit organization devoted to educating young drivers and parents about the risks and safety of driving. The program informs the public through presentations, literature and videos targeted to drivers, passenger and their parents. “The program helps drivers become more responsible and safer while helping their parents learn the real risks they face and how to better protect them.” SteerSmart presentations cover topics ranging from speeding to texting to alcohol to overcorrecting. The program covers every risk you can think of, and how easily those risks can be avoided. SteerSmart was founded by Lauren Winborne. Winborne, a mother of six, began the program after hearing interviews with parents who had lost their children to accidents. Winborne has since strived to educate schools, associations and communities in hopes to help prevent accidents that take lives and leave others impaired.

After attending a presentation, the program is guaranteed to leave an impact. SteerSmart presents students in the program who have been killed by making just one fatal decision and survivors from crashes discussing how easily their accidents could have been avoided. Accidents occur everyday across the U.S. Of all those accidents, 70 percent of them are avoidable accidents. SteerSmart shows their audience how to be in that 70 percent, the program focuses on the idea that no one wakes up and begins their day with the thought process of, “I could die this afternoon.” When you think twice about that statement, you begin to realize all the small things you might do behind the wheel that only increase your chances of being involved in an accident. It makes you think twice about the risks of driving and how to prevent your children from making those dangerous decisions.

SteerSmart hosts presentations all over the U.S. The program continues to leave an impact and make a difference in all drivers’ lives. “The program has been delivered in all types of venues to all kinds of audiences. The common thread is that it has been hailed as memorable, instructive and vital by audiences all over the country.” Remember that the road is a dangerous place. It is vital to be reminded of the dangers of driving and to think twice about every decision you make when you get behind the wheel. Learn more about SteerSmart’s safety tips and facts to keep your drivers safe.

Borchardt Law Firm

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
801 Cherry St #1005
Fort Worth, Texas 76102
Sources:

http://www.steersmart.org/index.html

“These regulations only apply to property carriers and commercial motor vehicle drivers. Passenger carriers and their drivers will continue operating under the pre-2003 rules while fatigue issues specific to the passenger carrier industry are assessed.”(Federal Motor Carrier Safety Administration (FMCSA))

To see all regulations and read more about Hours-of-Service policies please go to The U.S. Department of Transportation – Federal Motor Carrier Safety Admininstration

SIMPLY stated the new rule means:

• Drivers may drive up to 11 hours in the 14-hour on-duty window after they come on duty following 10 or more consecutive hours off duty.
• The 14-hour on-duty window may not be extended with off-duty time for meal and fuel stops, etc.
• The prohibition on driving after being on duty 60 hours in 7 consecutive days, or 70 hours in 8 consecutive days, remains the same, but drivers can “restart” the 7/8 day period anytime a driver has 34 consecutive hours off duty.
• CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Short-Haul Provision

Drivers of property-carrying CMVs which do not require a Commercial Driver’s License for operation and who operate within a 150 air-mile radius of their normal work reporting location:

• May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
• Are not required to keep records-of-duty status (RODS).
• May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.
  
• Employer must:
• Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS.

Drivers who use the above-described Short-haul provision are not eligible to use 100 Air-mile provision 395.1(e) or the current 16-hour exception in 395.1 (o).

“In developing these hours-of-service regulations, the Federal Motor Carrier Safety Administration (FMCSA) systematically and extensively researched both United States and international health and fatigue studies and consulted with Federal safety and health experts. Our roads are better designed, constructed, and maintained in a nationwide network to provide greater mobility, accessibility, and safety for all highway users. Vehicles have been dramatically improved in terms of design, construction, safety, comfort, efficiency, emissions, technology, and ergonomics. These factors, combined with years of driver fatigue and sleep disorder research, led to a revision of the hours-of-service regulations for drivers.” (FMCSA)

Large truck cases present complex issues, and often require an expert to review the circumstances of the accident. To litigate successfully against a truck driver or trucking company, the plaintiff must prove that the driver or company acted negligently. That is, you must show that the driver or company failed to exercise reasonable care:

• the truck driver was impaired by fatigue, drugs, or alcohol;
• the truck driver or the trucking company failed to maintain the truck in a safe operating condition;
• the truck driver or trucking company violated federal trucking safety rules or regulations
• the truck driver or the trucking company overloaded or improperly loaded the truck
• the truck driver operated the truck in an unsafe manner.

We can never be too careful on the road. If you or someone you know have ever been in an accident and suspected something was wrong, the best thing you can do is ask for legal advice and learn about your options are. At Borchardt Law Firm, we wish no family has to ever experience a tragic accident. However, when accidents happen our firm has successfully represented families who have been victims of drivers not following regulations. We hope that the work we do will protect future generations of Texans. Feel free to give us a call.

Toll Free: 866.832.9300
Phone: 817.332.9300
Fax: 817.332.9301
firm@attorneysmb.com
Burnett Building
801 Cherry St #1005
Fort Worth, Texas 76102