The increase in the number of carriers may be related to concerns over CSA, the FMCSA's safety rating system. CSA ratings help shape FMCSA's supervision and enforcement actions, and can also be a useful measure of carrier safety to shippers and brokers who contract with carrier companies.
]]> The latest CSA ratings saw a large jump - over 22 percent - in the number of carriers rated as "conditional." Significantly, 18,926 out of the 55,735 carriers had a fatigued drivers alert. Fatigued driving can increase the potential for truck accidents that put other motorists on the road at risk. Some experts, however, disagree on whether CSA data is a good measure of safety, but it seems clear that carriers, shippers and brokers take the ratings seriously.The FMCSA is also expanding the CSA safety rating system to make it more comprehensive and useful to shippers and brokers. Critics argue that the move will encourage more drivers to reconsider their options. Drivers may be able to leave behind records of violations when they incorporate under different names. Shippers and brokers relying on CSA ratings may lack confidence in the data, or lack enough data regarding new carriers, to choose the safest carriers.
Safety ratings among truckers are a serious concern. Truckers who are in accidents due to lax safety standards or negligent driving are a dangerous risk to other motorists on the highway. A person who is injured by a negligent or careless trucker may be entitled to compensation for medical bills, lost wages and pain and suffering.
]]>A study conducted by the National Highway Safety Administration found that two-thirds of all people ages 18-24 would not tell a driver who was talking on a cellphone that what he or she is doing is unsafe. But at the same time nearly all of the 6,000 people surveyed said that distracted driving is unsafe.
]]> Older people appear to be the most likely to speak up about distracted driving. Half of the people ages 65 and older who were surveyed said they would say something to a distracted driver.Why the reluctance to confront a friend about unsafe driving when a young person typically will question their friends on everything else? That question was not answered by this survey, but the Department of Transportation hopes young people will take on a greater role in combating distracted driving.
Already in place are several practices that should help stem distracted driving. These include smartphones applications that allow for hands-free operation of phones. In some places cell phone use while driving is banned altogether.
The Secretary of the DOT describes distracted driving in the U.S. as an "epidemic." The Secretary encourages young people to speak up when their friends engage in distracted driving. An online icon on any of the social network sites might also be helpful.
Friends not only don't let their friends drive drunk, they also don't let them drive distracted. Younger drivers may not even realize how similar distracted driving with cell phones is to crimes like driving intoxicated. In both cases, the results can be fatal. Many distracted driving cases result in personal injury or wrongful death due to the negligence of the distracted driver.
]]>The carrier had previously failed its compliance review. It applied for a new operating license as a "new" carrier under a different name when the fatal bus accident occurred.
These kinds of bus or truck accidents by "reincarnated" carriers should be something the FMCSA could stop by a closer review of operators' licenses application, but it currently lacks the technical resources.
A recent article by The Trucker.com noted that the FMCSA has a mandate to create rules that would unify all the identification systems used by the federal government to track carriers.
Insufficient Funding
The problem is they have been working at it since 1997. Congress, however, is beginning to show some signs of understanding the problem. The FMCSA needs money to upgrade its electronic database systems to allow it to coherently review the volume of data it receives and processes.
The Trucker.com details how during a "five-day period in early November 2010, FMCSA dealt with 128 name changes, 4,453 revocation actions and 871 new applications for various operating authorities."
They point out that any cross checking between all of those requests would have to be done manually, and the FMCSA does not have sufficient staff to examine that quantity of data.
A General Accountability Office (GAO) report found that three times as many "applicants with chameleon attributes" were involved in severe truck accidents as those without chameleon attributes. The report also found 217 fatalities tied to these carriers.
The Trucker.com article seems to suggest if Congress funds this improvement to the FMCSA information systems, they may be able to do a better job eliminating chameleon carriers.
]]>In an attempt to reduce pedestrian accidents and fatalities, the police department has introduced a new traffic safety campaign to persuade pedestrians and drivers to be more attentive. Targeting drivers, bikers and walkers, the campaign boldly asserts the slogan, "Get your face out of your phone."
]]> According to Sergeant John Sheahan in a 13 Action News Report, people are focusing more on electronic communication devices instead of paying attention to where they are going and what is around them. "Instead, they're looking down into a smart phone, into their iPad or into a Blackberry and not focusing on whether they're driving or whether they're walking someplace where they could be struck by a vehicle."The department has taken its message to the airwaves, broadcasting on several area radio stations. However, television may be next. The department is hoping to create public service announcements (PSAs) to be aired on local television stations. Combining these announcements with other safety efforts, Metro is working to reduce injuries and deaths caused by distracted pedestrians and drivers.
"If we're able to save even one or two lives over the course of the year," says Sheahan, "then this project is totally worth it."
]]>The motor vehicle accident occurred as the bus was turning left of Fall Cliff, after dropping students at the busy intersection of Ann Road and Pebble Rock. According to witnesses, many of whom were parents, the bus made the left turn and struck the child.
]]> "It was a matter of time"The story noted that the intersection was seen as an accident waiting to happen, because it serves as a bus stop for the high school, middle school and an elementary school. Residents told FOX5 that the intersection turns into "chaos" daily with all the traffic.
The National Academy of Sciences has stated that in connection with transportation of students, bus stops pose the greatest risk to children, and bus stop safety should be a focus.
National Highway Traffic Safety Administration (NHTSA) reports that, on average, there are 17 fatal accidents per year, two-thirds of which are like this accident, involving the school bus striking a child. The remainder occur when other drivers illegally pass the stopped school bus while it is loading or unloading children.
26 million elementary and secondary school children ride school buses, according to the Department of Transportation (DOT). While the rate of accidents is low, given the large numbers of children transported, it still results in too many serious injuries and deaths each year.
]]>Some feel that the implementation of the program was one more regulation that the trucking industry did not need citing the steady decline in truck accidents over the last four decades. However, the fact that the system allows for tracking the maintenance of the trucks has proven to be valuable. Under the past safety program maintenance of the vehicles was an unknown.
]]> One of the aims of CSA has been to ensure trucks on the road are defect free. In the past program it was left to the driver to ensure the vehicle had no defects. This aim has pushed truckers and trucking companies to spend time training their drivers to do an exceptional job ensuring their vehicles are safe and road worthy.The emphasis on maintenance plays a crucial role. The main problems typically found at truck inspections include brakes, lights and tires. These vehicle issues are known to contribute greatly to the incidence of accidents, as many as 30 percent of truck accidents are due to poor brakes.
Although most sections of CSA speak to the driver and their driving habits the emphasis on the tracking of maintenance has caused trucking companies to better educate their drivers. In the past, drivers have always been required to do a pre-trip inspection of their vehicles prior to taking off on any delivery and report problems to their superiors through a paper system. This system could take up to three weeks for a repair to be made.
With the aid of the CSA software, trucking companies are obtaining the repair orders almost instantly. These trucks are being provided with preventative maintenance which equates to less down time for both the driver and the trucking company. A decrease in downtown means an increase in revenue. Increased maintenance makes for safer trucks which in turn creates safer roads.
]]>The law, which took effect on January 1, prohibits Nevada drivers from using handheld cell phones - and other devices - to talk, surf the Internet, or send or read text messages. Under this legislation, using a handheld device while on the road is a primary offense, which allows police personnel to stop drivers even if they are not committing other violations. The law applies whether a driver is in a moving vehicle, idling in traffic or sitting at a stoplight, and is aimed at reducing the number of serious accidents caused by distracted drivers.
]]> Those who are caught violating this distracted driving law will face a fine of $50 for the first offense, $100 for the second offense, and $250 for any offense thereafter. If drivers cause an accident while using a handheld device, they could face fines ranging from $2,000 to $5,000, as well as up to six years in prison, if the crash causes fatalities or serious bodily injuries.Nevada is the 10th state in the country to enact a ban on handheld devices while driving, and the 35th state to pass a ban on texting while driving, according to the Insurance Institute for Highway Safety (IIHS).
In order to help promote the new law, some law enforcement agencies have decided to lead by example, although the distracted driving measure does not apply to police cars. For instance, in Churchill County, the Sheriff's Office, as well as the Fallon Police Department, has installed hands-free devices in all of their patrol cars. According to Sheriff Ben Trotter, they want to show the public how important it is to abide by the law, so they are following the law themselves.
"If you're going to be enforcing that, you shouldn't be in violation yourself," said Trotter in an interview with the Lahontan Valley News and Fallon Eagle Standard. "I'm definitely a lead by example-type."
]]>Although the changes may be viewed as an unwelcome holiday gift by many industry groups, Las Vegas truck accident attorneys and other safety advocates are praising the revisions as a leap forward for safety.
]]> The proposed changes limit drivers to 10 hours on the road and 13 hours of overall on-duty time each day. Currently, drivers are allowed 11 hours of driving time and may perform non-driving work that extends their total on-duty time well beyond 14 hours.The proposed changes also require drivers to take at least 34 consecutive hours off-duty between each work week.
On average, more than 4,000 people die and 100,000 are injured in truck crashes every year. Truck driver fatigue is a major cause of these accidents. Approximately 65 percent of truck drivers report sometimes or often feeling drowsy while driving. Shockingly, nearly half of all truckers admit to having fallen asleep behind the wheel at some point during the year.
Truck drivers are under tremendous pressure to get deliveries across the country in short amounts of time. All too often, this stress leads truckers to keep driving when they know they should be resting.
Trucking companies are objecting to the proposed changes because they worry that limiting drivers' working hours will cut into industry profits. They say the changes will cost the industry $320 million per year. However, the FMCSA's regulatory analysis found that changes would actually save the industry $380 million annually.
This dollars-and-cents analysis may seem crude to the thousands of American families whose lives have been inexorably changed as a result of accidents caused by fatigued drivers. After all, what price can you put on the life of someone who was needlessly killed far before their time?
Source: Land Line Magazine, "Happy Holidays? FMSCA Tees Up HOS Unveiling for Late December," Jami Jones, Nov. 29, 2011.
]]>All told, Clark County pedestrian accidents have killed 84 people and injured another 2,000 in the last three years.
]]> The accidents have caused public outcry from Las Vegas personal injury attorneys, journalists and safety advocates. They say the problem is twofold: Las Vegas streets are not designed to be pedestrian-friendly and drivers either don't know or don't care about rules governing pedestrian safety.Las Vegas Not Designed for Walking
Apart from the Strip, Las Vegas was designed to be a driving city, not a walking city. Wide boulevards with few traffic lights encourage drivers to travel at near-highway speeds. Long blocks and a low number of crosswalks mean pedestrians are frequently tempted to jaywalk. Combine this with poor maintenance and frequently broken traffic signals and you have a recipe for disaster.
Experts have recommended some simple steps the city can talk to reduce fatal accidents. For example, the city could reduce speed limits in areas frequented by pedestrians. It could also create buffer zones between the sidewalk and the road and make sure that crosswalks are clearly marked.
Drivers Don't Understand Traffic Laws
None of these safety improvements will work, though, if drivers don't follow the rules.
A recent investigative report by 13 Action News showed that many Las Vegas drivers don't understand the rules that apply to pedestrians crossing the street. This may be because so many Las Vegas residents come from out of state and laws are different in each part of the country.
As a general rule, pedestrians always have the right-of-way when crossing at an intersection. Drivers must yield to pedestrians and may not proceed into the intersection until the pedestrians have crossed into the lanes going the other direction.
The burden of safety isn't on drivers alone - pedestrians have a duty to refrain from placing a motorist in a position that makes it impossible for the driver to avoid a collision.
Las Vegas pedestrian accidents are far too common. If you or a loved one has been injured in a pedestrian accident, you may have legal recourse. Contact an experienced personal injury attorney who can help you determine your best course of action.
Source: 13 Action News, "Drivers May Not Know Full Pedestrian Safety Laws," Marco Villarreal, Nov. 3, 2011.
]]>At the same time, traveling in the opposite direction down Interstate 65, and working on about four hours of sleep, a truck driver was making a phone call - a call that would last only one second.
When the call was made, the truck broke through the cable barrier lining the median, crossed the median and drove head-on into the van. The devastating truck accident took the lives of ten of the van's passengers and the truck driver.
]]> A National Transportation Safety Board (NTSB) investigation of the accident found that the truck driver had made or received four phone calls in the 25 minutes preceding the tragic accident, and it was found that the truck driver's cell phone received six calls in the 16 minutes immediately after the accident.Following the investigation, the NTSB recommended that commercial truck and bus drivers be banned from using cell phones while driving, except in emergency situations. The NTSB's recommended ban also includes banning commercial drivers from using cell phones with hands-free technology.
The NTSB is only in a position to offer recommendations to other governmental agencies and states, as the NTSB does not have the authority to implement a ban on cell phones. If accepted, the NTSBS recommendation would expand on bans that commercial drivers already adhere to (texting ban) or face (the Federal Motor Carrier Safety Administration proposed a ban on hand-held cell phone for commercial drivers).
]]>According to National Highway Transportation Safety Administration (NHTSA) data, alcohol is still a factor in Nevada car accidents. In 2009, there were 68 alcohol-impaired driving fatalities, which accounted for 28 percent of all drivers killed in traffic accidents. Despite the number of deaths decreasing, the state still will need to show great improvement to completely solve this problem.
]]> There are harsh penalties in place for those caught drinking and driving, yet even with increased focus, drunk driving accidents still happen regularly. High traffic areas in Las Vegas, such as the strip, can be potentially dangerous places to be for all motorists. People may want to simply avoid some of these locations if at all possible to prevent getting into an accident with an intoxicated driver. With many stoplights and intersections causing roadways to become congested with cars and pedestrians, intoxicated drivers may not be able to respond quickly enough to avoid accident.Drivers should exercise caution if they see other drivers exhibiting signs of intoxication. Intoxicated drivers have slower reaction times, which will make it that much more difficult for them to navigate busy Las Vegas roadways. If you spot a motorist that you think is intoxicated, try to get the license plate of the vehicle. Report this driver to the police as soon as possible. Even though you may be able to avoid this driver, others may not be so lucky.
]]>One company thinks training is the answer. Operation Lifesavers Inc. (OLI), which focuses on preventing collisions on and around railroad tracks, has created an online video game safety course for truck drivers to help prevent accidents at railroad crossings. The safety course places drivers in virtual worst-case scenarios that may pop up while driving to help truckers to improve their decision-making skills behind the wheel. These simulations go above and beyond the typical safety instruction courses that truck drivers may have to take. One positive result of more safety courses for drivers is to reduce driver negligence in these types of crashes.
Although accidents will always occur, safety courses like the one created by OLI are always a step in the right direction in the prevention of truck accidents and the various injuries that can result.
]]>In its effort to curb this deadly driving habit, Nevada Governor Brian Sandoval recently signed into law a bill banning texting and using a handheld cell phone while driving.
Beginning October 1, law enforcement officers around the state will begin pulling over drivers who they catch texting or using a handheld cell phone and issuing verbal warnings. Then, January 1, the law takes full effect and law enforcement officers will begin ticketing drivers who violate the law. A first offense will carry a fine of $50, a second offense will carry a fine of $100, and a third offense will carry a fine of $250.
]]> The term distracted driving encompasses a lot of activities; from eating and applying make-up to talking with passengers and changing the radio station. However, texting is often singled out as one of the most dangerous distractions because it involves all three main types of distraction, according to the NHTSA: visual (taking eyes off the road), manual (taking hands off the wheel), and cognitive (taking mind off the task at hand).While the new law bans the use of handheld cell phones, it does not ban drivers from using ear pieces or Blue Tooth technology to use their cell phones while driving.
Drivers that are distracted while behind the wheel become a danger to themselves and others on the road, increasing the risk of a motor vehicle accident. According to the NHTSA, drivers that use a handheld phone while behind the wheel are four time more likely to be involved in an injury crash than drivers who do not use a handheld phone.
]]>What we want you to know is that you're never alone. At Mainor Eglet, a leading Las Vegas law firm, our staff of experienced attorneys, paralegals, client intake specialists and even a registered nurse and an animator are all on your side. We have the resources necessary to forcefully advocate for you -- even when you may feel like you don't have the strength to stand up for yourself.
As part of our forceful and effective advocacy, we are starting this blog. Our hope is that we can share with you current information about Nevada personal injury law and our own achievements. By keeping you informed about changes to the laws, we aim to help you feel more in control of your own situation.
We will keep you updated with regular blog posts, so please return often to see our most current updates and comments. We invite your feedback as well. You are welcome to comment on our blog or to talk with us directly.
If you would like to talk with a lawyer, you are more than welcome to schedule a free and confidential consultation at our Nevada law offices or some place more convenient for you. Just call us call us toll free at 800-450-5406 or contact us online.
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