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Summary of New Fed Laws Governing Commercial Truck Drivers Effective February 27, 2012: Making the Roads Safer For All of Us (If They Are Followed)

January 24th, 2012 by admin

Approximately one month from today, on February 27, 2012, federal law will change regarding commercial trucks driven on American roads as the Federal Motor Carrier Safety Administration (FMCSA) rule changes go into effect.  These are a part of the Hours of Service regulations that have been so hotly debated over the past few years.

We’ve posted about aspects of these new rules before along with the trucking industry’s response to the agency’s proposals; however, it’s important to know the extent of what these new laws are – especially when trucking companies are already voicing their concerns that these new regulations will burden those trying to logistically plan trucking routes.

Summary of the New FMCSA Truck Driver Rules Effective February 2012

Here is a summary of the new February 2012 rules that govern truck drivers driving commercial trucks (big rigs; semis; tractor trailers; etc.) as passed by FMCSA (others will become law later in the year):

1.  Restarts. Two rules work together to impose a new regulation involving 34-hour restarts.

  • 34 hour restarts can be used once a week
  • must have 1 AM to 5 AM home terminal time

2.  Rest Breaks. Now, a new rule requires that trucks cannot drive any longer than 8 hours without taking a 30 minute rest break.

3.  On-Duty Time.  If the truck driver is resting in a parked truck, then he or she can count this as rest time; it is no longer considered on-duty time even though they technically may be setting behind the wheel. It can extend the weekly limits but it cannot extend the 14 consecutive hour daily limit. There is no limit on how long the trucker can rest in a parked truck.

4.  In Attendance Time. This can be tallied as break time if the truck driver is not doing any other work tasks at the time.

5.  Daily HOS Violations. FMCSA considers that 3 hours of HOS violations as ‘egregious’ (i.e., going over the 11 hour per day limit by 3 or more hours) which will be reflected in higher fines, to the tune of $2,750 for the driver and $11,000 for the carrier.

Hours of Service regulations are designed to protect the truck driver and those with whom he shares the road from the ramifications of driving too far and too long without a break behind the wheel of a big commercial vehicle.  The tragedies of big rig semi trucks crashing with other vehicles on the road (which usually weigh so much less than that tractor trailer truck) are often horrific as fatalities are usually involved.

These new regulations are designed to save lives.  And they will.  If truck drivers and carriers follow them.

Posted in Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

New Illinois Laws To Protect People From Injury or Death: 2012 Has Lots of New Safety Statutes on the Books

January 12th, 2012 by admin

In addition to the new law that lets motorcycles and bicycles run red lights in the State of Illinois that we posted about last week, a lot of other laws were passed by a busy state legislature that are intended to make life safer for everyone in Illinois, including the following laws that have been passed in hopes that injuries and death will be averted:

1.  Injuries or Deaths in Airplane Crashes. It is against the law in Illinois for anyone to shine a laser light into the cockpit of an airplane that is in the process of taking off or landing. And, yes, apparently this had been happening quite a bit in the Chicago O’Hare area. (House Bill 167)

2. Injuries or Deaths in School and Playground Injuries.  Now, Illinois school officials can suspend, or even permanently expel, any public school student who threatens another student or an employee of the school district, via the Web in online bullying. (House Bill 3281)

3.  Injuries or Deaths in Auto Accidents. Now, adults riding in the back seat of a car must buckle up just like those in the front seat, or face being fined and ticketed. (House Bill 219)

4.  Injuries or Deaths in Big Rig Crashes. Now, semi trucks can drive along Illinois roadways just like any small sedan at the exact same speed, not just in certain sections of trucking routes (Senate Bill 1913)

Posted in Auto Accidents, Defective Products, Motorcycle Accidents, Product Liability, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Illinois New Law Lets Motorcycles and Bicycles Run Red Lights: Sounds Good, But There are Risks

January 10th, 2012 by admin

Motorcycles are dangerous for those who ride them on Illinois roadways, but there are many people living in Indiana and Illinois and elsewhere that love their motorcycles and believe that riding a motorcycle offers a kind of freedom that cannot be found elsewhere.  For motorcycle riders everywhere, there’s a new law in Illinois that may sound very, very good: now, in Illinois, motorcyclists (and those on bicycles, too) can run red lights.

Run That Red Light in Illinois.  It’s Legal Now.

Effective January 2012, in Illinois a new law has been passed that allows those riding on motorcycles and bicycles to run a red light, but there’s a hitch.  They do have to wait a ‘reasonable’ amount of time.  (Police are suggesting that “reasonable” means two minutes.)

Now, the Illinois Legislature had its reasons.  Motorcycles and bikes will be allowed to run red lights after a “reasonable” time because they don’t weigh enough to be recognized by the the traffic-light sensors.  Which means, until now, they could just sit there at a red light until a car or truck or some sort of vehicle that had enough weight to trigger the sensor pulled up.  Or they could run the red light and hope for the best.

The new law states:

After stopping, the driver of a motorcycle or bicycle facing a steady red signal which fails to change to a green signal within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle due to the vehicle’s size or weight, shall have the right to proceed subject to the rules applicable after making a stop at a stop sign as required by section 11-1204 of this code.

This is a good thing, makes sense.  It does mean that riders need to be even more vigilant before pulling out into the roadway against that red light.  Motorcycle accidents are often the cause of serious injury or death to the motorcyclist and by taking advantage of this statute, a defense attorney may try and argue in the future that the motorcycle rider bore the risk of his injuries or wrongful death even though a car or truck crashed into him, so the insurance company doesn’t have to pay a claim.

Be careful out there.

Posted in Illinois Wrongful Death, Motorcycle Accidents, Serious Personal Injury | No Comments »

Feds Release Final Truck Driver Hours of Service (HOS) Rule: 11 Hour Limit and More Changes

December 29th, 2011 by admin

Truck Drivers will have to obey new laws on how long they drive and how long they have to rest between trips, which means the roads will be safer for all of us.

After so much discussion and so much challenge by various factions of the trucking industry, the final version of the “HOS Rule” has been issued by the federal government.  The official announcement came on December 22, 2011, by U.S. Secretary of Transportation Ray LaHood. You can read the full text of the new HOS Rule online at the Federal Motor Carrier Safety Adminstration (FMCSA) site where it is available as a .pdf download.

What does the new Final HOS Rule Do? Here are some highlights:

  1. The Final Rule has kept the 11-hour per day driving limit that truck drivers now have to follow (which means that those fighting to cut that number back to 10 or lower lost here).
  2. Who’s working?  “On duty time” under the New Rule means any time spent in the truck itself except for the sleeper. It does not include up to 2 hours in the passenger seat right before or right after an 8 hour break in the sleeper when the truck is on the road.  It does not include time resting in a parked truck.   Truckers are on duty while they are waiting to load or unload unless their employer has officially released them from being on the job for the load/unload.
  3. Truck drivers moving big rig semi tractor trailer commercial trucks on American roads are not going to have the same work week:  the new rule takes away 12 hours from the total that a truck driver can be on the road in one week’s time.  That’s a day and a half — a big difference to the trucker and the trucking industry.  Total hours a truck driver can work in one week is now 70 hours, down from 82.
  4. Restarts can be used once every 7 days; under the New Rule, the truck driver gets 2 or more nights of rest between 1 and 5 o’clock in the morning, both changes to the old  restart rule.
  5. Under the New Rule, commercial truck drivers have to stop and take a break of 30 minutes or more after driving for 8 hours on the road.  If the trucker thinks they need that 30 minute break before hitting that 8-hour mark, then they are free to take a break within that 8 hour block as well.

Official Announcement from the Department of Transportation:

WASHINGTON – U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.

“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” said Transportation Secretary Ray LaHood. “This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely.”

As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.

“This final rule is the culmination of the most extensive and transparent public outreach effort in our agency’s history,” said FMCSA Administrator Anne S. Ferro. “With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer.”

FMCSA’s new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver’s work week to 70 hours.

In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.

The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.

The rule requires truck drivers who maximize their weekly work hours to take at least two nights’ rest when their 24-hour body clock demands sleep the most – from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule’s “34-hour restart” provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period.

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013. The rule is being sent to the Federal Register today and is currently available on FMCSA’s Web site at http://www.fmcsa.dot.gov/HOSFinalRule.


Posted in Job Site Injury, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related | No Comments »

Indiana State Fair Tragedy Labelled Biggest Story of 2011: Where You Get Injured Makes a Difference in Damages Award You May Receive

December 27th, 2011 by admin

In one of the many end of the year recaps that are being circulated this week, the Indianapolis Star has published its article “the Top 10 Local Stories of 2011,” and topping their list is the tragic crash of the stage rigging at this year’s Indiana State Fair.  (For details, check out our earlier post here or watch this video where Kenneth J. Allen discusses the State Fair tragedy’s consequences.)

One Lesson From the Indiana State Fair Tragedy: Justice May Depend Upon Where the Accident Happened

As Kenneth J. Allen discusses in the above video, the fact that this tragedy took place where it did made a difference for those seeking personal injury damages under the law.  An injury that occurred on a government-related site got different treatment under the law than if would have if the exact same incident had happened at a privately owned location.  The Indiana State Fair took place on state owned fairgrounds.

Under Indiana law, this meant that a cap applied to the damages claim: a cap of $5 million.  If the accident had not been on publicly owned land, then the cap would not be an issue.

Attorney General Announces Settlement in December 2011 – $5 Million is Paid Out

On December 19, 2011, Indiana Attorney General Greg Zoeller officially announced that settlements had been reached with 64 of the 65 claimants in the Indiana State Fair tragedy and that his office expected checks to begin being sent out to these victims by the end of the month. 

Meanwhile, Kenneth J. Allen is working for justice here, going into federal court to ask that this $5 million cap be nixed for the Indiana State Fair victims.  In December 2011, the federal judge okayed Allen’s plan to have federal review of the situation. More on that fight in the months to come.

The Indiana Attorney General seems to have ended 2011 with checks being sent and an idea that this is a done deal.  From the AG’s news release:

“Deciding on compensation for the victims of the State Fair tragedy is one of the most difficult duties the Indiana Attorney General’s Office has ever undertaken. From the start we knew that no matter how we divided the $5 million available, it could never replace the seven lives lost nor erase the pain of the injured and grieving. We did all that was possible to treat victims equitably and to assist them with their medical and financial needs within the amount the law allows,” Zoeller said.

Defending the state’s Tort Claim Fund, which is made up of tax dollars, from claims and potential lawsuits is one of the duties of the Indiana Attorney General’s Office. After the deadly stage rigging collapse August 13 at the Indiana State Fair, Zoeller announced that he would make available the $5 million in tort claim funds the State has, without regard to liability.

Working with nationally-known expert Kenneth Feinberg who administered victim compensation programs after 9/11 and the BP Gulf oil spill, Zoeller’s office designed a victim-centered program where victims could submit tort claims to the state and receive settlement payments on an expedited basis, even if they did not hire an attorney.

A total of 114 individual claimants – including the representatives of the seven deceased – filed a total 101 claims and utilized a customized State Fair claim form the Attorney General’s Office developed. The State also retained a claims management firm, JWF Specialty Company, to receive and review the claims and follow up with claimants to obtain additional medical documentation.

Under the compensation protocol Feinberg helped design, the estates of the seven deceased victims were guaranteed settlements of at least $300,000 each. Another 58 claimants who were most seriously injured and met at least one other protocol criteria were offered payments equal to approximately 65 percent of their medical and hospital bills submitted to date. Since that amount will exhaust the rest of the $5 million the State has available, claimants with non-physical injuries did not receive settlement offers under the protocol.

To be offered settlements, claimants or their attorneys were required to submit documentation of hospital expenses; the form asked that documentation be attached. Offers could not be extended to any claim that lacked medical documentation or where the requested information was not provided. JWF Specialty Company was available to answer questions from claimants and their attorneys throughout the process.

On December 6 the State sent offer notices to 65 eligible claimants or their representatives requesting a prompt reply. Although claimants had the legal right to decline the offers, all but one accepted, including the estates of all seven deceased victims. The remaining $1,691 that one claimant’s attorney declined was redistributed among the other 64 claimants and their offers were recalculated. By accepting offers, claimants sign settlement documents releasing the State of Indiana from future liability. That does not prevent claimants from pursuing separate legal actions against other private entities over the stage rigging collapse.

After offers were extended, three claimants identified conflicting medical billing data that had been previously submitted to claims manager JWF Specialty Company during the claim-filing period. The disputed claims were carefully reviewed, and the State and JWF agreed to resolve the disputes in favor of the claimants, meaning their offers were revised upward by a combined total of $33,027.31. Since by law the State’s cap per incident is a total $5 million and cannot exceed that, JWF Specialty Company graciously agreed to pick up the difference and pay the increased offers to the three claimants out of its own funds.

“JWF Specialty provided invaluable service to the State under extraordinarily difficult circumstances under an accelerated claims-review period. We appreciate their good corporate citizenship in resolving disputes in favor of the claimants in keeping with a victim-centered approach, and we thank them for their expertise on an extremely complicated claims-management process. There was nearly 100 percent participation from those claimants who were offered settlements, an indication we believe of how carefully the protocol was developed,” Zoeller said.

During the process of calculating settlement offers, the Attorney General’s Office participated in mediation with a group of approximately 30 attorneys and law firms representing many claimants and reached tentative accord on the protocol. Settlement offers are with the consent of the Governor’s Office.

“Members of the legal profession who met repeatedly with the State to reach consensus on a compensation program for their clients should be commended for helping bring this process to an expedited conclusion. And I’m enormously grateful to Kenneth Feinberg who donated his services at no charge to the State of Indiana or taxpayers. His wisdom from developing past victim compensation programs after other tragedies was indispensible to my office in helping us navigate through difficult questions. The work of the Attorney General’s Office does not end here and we will continue to diligently represent the State in legal matters involving the State Fair tragedy,” Zoeller said.

Now that the final list of accepted offers has been calculated, the State Auditor’s Office will begin the process of issuing payments by check or electronic funds transfer. The first group of checks is scheduled to be mailed Wednesday and the process should be complete by the end of the year. JWF Specialty Company will follow up with any claimants from whom any additional paperwork is needed.

Posted in Defective Products, Product Liability, Serious Personal Injury, Transportation, Work Related, Wrongful Death | No Comments »

New NHTSA Study Shows Increase in Deaths Caused by Big Rig, Semi, Tractor-Trailer Truck Crashes on Our Highways

December 15th, 2011 by admin

The National Highway Traffic Safety Administration (NHTSA) has just released its latest study, 2010 Motor Vehicle Crashes: Overview.

You can read the NHTSA report online for free here.

It’s got some important news – something we all need to know – because according to the NHTSA, it’s getting more dangerous to be driving on the American roadways alongside large commercial trucks (i.e., big rigs, semis, tractor trailer trucks, etc.)  For our part of the country, with the tremendous amount of commercial trade rolling along our interstates and state highways, this is especially concerning.

According to the new NHTSA study, last year there was a 8.7% increase in the number of deaths caused by highway accidents involving large trucks.

NHTSA Is Not Focusing On This Increasing Danger

In releasing these results as part of its report,  U.S. Transportation Secretary Ray LaHood chose to focus upon an overall decline in highway deaths across the country, to the lowest levels since 1949.   Which is, of course, important and encouraging.

“While we have more work to do to continue to protect American motorists, these numbers show we’re making historic progress when it comes to improving safety on our nation’s roadways,” said Secretary LaHood. “Thanks to the tireless work of our safety agencies and partner organizations over the past few decades, to save lives and reduce injuries, we’re saving lives, reducing injuries, and building the foundation for what we hope will be even greater success in the future.”

However, what is also true is that the new report reveals that fatalities rose among pedestrians, motorcycle riders, and large truck occupants. As shown in the report’s chart below,  there’s been an increase in deaths for truck drivers as well as occupants of the other vehicles involved in these serious trucking industry crashes.

As Hours of Service challenges progress in Washington, news like this is extremely important for us all to know and recognize:  big rig, semi truck accidents are all too often deadly.

Posted in Illinois Wrongful Death, Indiana Wrongful Death, Semi-Truck Crashes, Serious Personal Injury, Transportation | No Comments »

NTSB Seeks National Ban on Drivers Using Any Electronic Devices While Driving on US Roadways

December 13th, 2011 by admin

One, single traffic accident – if it’s bad enough – can change how things work in this country, surprising though that might be in today’s complicated world.

Today’s example: a bad, bad traffic pile-up down in Missouri last year, where a teenager who was busy texting on his cell phone while driving along a Missouri interstate highway in his pick-up truck ended up crashing into the rear-end of a tractor trailer semi truck. That would have been bad enough, the teenage driver was killed in this crash, but that’s not the end of this story.

It’s now known as the Gray Summit, Missouri crash, where the 19-year-old pickup truck driver had sent 11 texts in 11 minutes right before he drove right into the back of a semi truck, including one text that was sent “right before impact.”

After the pickup rear-ended the big rig, seems that a chain reaction happened and there was a big pile up that included two school buses crashing one after another into the wreck. Tragically, a local high school band was taking a field trip by bus to the Six Flags St. Louis amusement park.

Two people died that day (one of the kids on the bus along with the kid who was texting) and 38 others were seriously injured. It was a horrific accident, and it got the attention of the powers that be at the National Transportation Safety Board (NTSB).

Today, pointing directly to that one, single crash, the NTSB has issued a federal goverment recommendation of a national BAN on drivers using any kind of “personal electronic devices” whatsover while they are driving a vehicle on American roads. Of course, the NTSB can only recommend this to the states – however, states are listening.

The Governors Highway Safety Association is keeping track of the state laws that are being passed against distracted driving: no handheld cellphones, no texting, etc.

To see what the current laws are for Indiana, Illinois, or our surrounding states, go here.

Posted in Auto Accidents, Bus Crashes, Illinois Wrongful Death, Indiana Wrongful Death, Other Jurisdictions, School & Playground Injuries, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Thanksgiving Holiday Safety 2011 – Click It or Ticket It Campaign On Illinois and Indiana Roadways

November 22nd, 2011 by admin

Thanksgiving 2011 is here already and there’s lots of safety tips out there for you.  For instance:

However, there are going to be some folk out and about over the Thanksgiving holiday to make sure that you’re safe — this year, once again, police agencies all over Illinois and Indiana and the Midwest will be making sure that seat belts are being used as part of traffic safety as part of a national Click It or Ticket campaign, which will run November 24 – 27, 2011.

“Police agencies throughout the Midwest are joining together this Thanksgiving holiday with one simple goal – to get motorists to buckle up, which will save lives on our roadways,” said Michael Witter, Regional Administrator for the National Highway Traffic Safety Administration. “We want all motorists to arrive at their destinations safely. While law enforcement officials will tell you that issuing tickets is never a pleasant experience, having to notify next of kin following a fatal crash is by far a worse scenario,” stated Witter.

State Police from Illinois, Indiana, Michigan, Minnesota, and Ohio are participating in the holiday mobilization according to the NHTSA.

In Illinois, it’s being publicized as Buckle Up Illinois and it’s being implemented alongside the state’s Drive Sober Illinois program with the state’s department of transportation running the show.  From the Illinois Department of Transportation, yesterday, the following news release:

With heavy traffic expected over Thanksgiving weekend and to boost roadway safety, the Illinois Department of Transportation (IDOT) today kicked off the Click It or Ticket and Drive Sober or Get Pulled Over mobilization with Illinois State Police (ISP) and local law enforcement agencies statewide. By the end of the weekend, Illinois motorists could see over 1,700 safety belt enforcement zones and 40 roadside safety checks conducted by over 200 law enforcement agencies, all with a special focus on safety belt violations and impaired driving during nighttime hours.

“Traffic safety is a central and inseparable focus of IDOT’s strategic mission- to provide safe, cost-effective transportation for Illinois in ways that enhance quality of life, promote economic prosperity, and demonstrate respect for our environment,” said Acting Illinois Transportation Secretary Ann Schneider. “During Thanksgiving weekend, IDOT and law enforcement agencies throughout the state will strongly promote safe driving by reminding motorists to buckle up and drive sober, every trip, every time.”

State and local law enforcement agencies are joining IDOT’s efforts to improve highway safety by removing impaired drivers, citing motorists who text while driving, and ticketing motorists who drive unbuckled.

During the holiday period, the Illinois State Police will patrol the interstates and conduct details directed at the Fatal Four moving violations, while placing a special emphasis on driving under the influence (DUI) and speed enforcement. The goal of the coordinated effort is to reduce traffic crash fatalities, promote safe driving habits, and discourage impaired driving, distracted driving and other unsafe driving behavior.

IDOT and law enforcement are also reminding motorists that, effective January 1, 2012, all vehicle occupants including back seat passengers will be required to wear safety belts, and children within appropriate age groups are to be properly restrained in child safety seats while traveling. Previously, the law applied only to drivers, front seat passengers and children. IDOT and law enforcement officials continue to encourage motorists to not wait until January 1 to ensure that everyone in every seating position is safely and properly restrained when traveling.

Illinois crash data over the last eight years (2003-2010) shows that back seat passengers who were killed in crashes were almost twice as likely as front seat passengers to be unbuckled.

During Thanksgiving in Illinois last year, 15 people died in motor vehicle traffic crashes and nine of those deaths involved a drinking driver. In addition, 743 people were injured. Many tragedies could have been prevented if all motorists had made the right choices before hitting the road.

Posted in Auto Accidents, Bus Crashes, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Chevy Volt Fire Starts Days After Crash: How Safe Are Electric Cars? Volt Fire Sparks NHTSA Research Study into Lithium-Ion Vehicles

November 17th, 2011 by admin

Electric cars – they seem so smart to drive, and most of them come with a nice design and lots of cool options.   Especially with all the concerns about oil and gas prices (and usage).

Well, nothing’s perfect and the big news last week was when a Chevrolet Volt bought by the federal government for crash tests actually caught fire over three weeks after the Volt was used in testing — which means that now, lots of folk are wondering about how safe these lithium-ion vehicles really are, after a crash.

Three weeks after the crash, the Chevy Volt is on fire?  No wonder people are scratching their heads.

Now, the National Highway Traffic Safety Administration (NHTSA) will be checking into what happened to that electric car – and it’s already known that the crash testing did some sort of damage to the Chevy Volt’s lithium-ion battery.  How that crash resulted in a fire over 21 days later, that’s still a mystery.

The manufacturer is pointing the finger at the folk who did the crash tests, opining that they failed to follow standard safety protocols – and that the only Chevy Volt known to catch fire was this Crash Test Volt.

What happens if you own an electric car and you are in a crash?  Well, be careful and be aware of the unknown risks at this point – and remember, product liability laws are designed to protect you from harm in these kinds of situations.

From the NHTSA:

Electric vehicles show great promise as an innovative and fuel-efficient option for American drivers. These vehicles have already demonstrated their potential to save consumers money at the pump and help protect the environment — and they could pave the way to the kind of clean energy jobs that will help our country compete on a global scale. As manufacturers continue to develop vehicles of any kind — electric, gasoline, or diesel — it is critical that they take the necessary steps to ensure the safety of drivers — and first responders — both during and after a crash.

That’s why the National Highway Traffic Safety Administration is working with all vehicle manufacturers to ensure they have the appropriate post-crash protocols. Let us be clear: NHTSA does not believe electric vehicles are at a greater risk of fire than other vehicles. It is common sense that the different designs of electric vehicles will require different safety standards and precautions. The Department of Energy and the National Fire Protection Association already collaborate to ensure first responders know the risks and the appropriate steps to take so they can perform their jobs safely given the shock hazard that a damaged electric vehicle may present, and NHTSA will work closely with these organizations to ensure that guidance for the emergency response community reflects the information NHTSA obtains.

In the near term, NHTSA is focused on identifying the best ways to ensure that consumers and emergency responders are aware of any risks they may encounter in electric vehicles in post-crash situations. The agency has asked all of the manufacturers who currently have electric vehicles on the market (or plans to introduce electric vehicles in the near future) to provide information on the protocols they have established for discharging and handling their lithium-ion batteries — including any recommendations for mitigating fire risks in these vehicles. Ultimately we hope the information we gather will lay the groundwork for detailed guidance for first responders and tow truck operators for use in their work responding to incidents involving these vehicles.

NHTSA has carefully investigated an incident involving a fire in a Chevy Volt that occurred more than three weeks after that vehicle had been crash tested as part of the agency’s New Car Assessment Program on May 12 of this year. NHTSA has concluded that the crash test damaged the Volt’s lithium ion battery and that the damage led to a vehicle fire that took several weeks to develop after the test was completed. That incident — which occurred at the test facility and caused property damage but no injuries — remains the only case of a battery-related fire in a crash or crash test of vehicles powered by lithium-ion batteries, despite a number of other rigorous crash tests of the Chevy Volt separately conducted by both NHTSA and General Motors. In the coming weeks, in collaboration with the Department of Energy, NHTSA will conduct additional testing of the Volt’s lithium-ion batteries and will continue to monitor these vehicles — as the agency does with all vehicles on our nation’s roadways — should any safety issues arise.

Based on the available data, NHTSA does not believe the Volt or other electric vehicles are at a greater risk of fire than gasoline-powered vehicles. In fact, all vehicles — both electric and gasoline-powered — have some risk of fire in the event of a serious crash. NHTSA urges the following precautions in the event of a crash involving an electric vehicle:

  • Consumers are advised to take the same actions they would in a crash involving a gasoline-powered vehicle — exit the vehicle safely or await the assistance of an emergency responder if they are unable to get out on their own, move a safe distance away from the vehicle, and notify the authorities of the crash.
  • Emergency responders should check a vehicle for markings or other indications that it is electric-powered. If it is, they should exercise caution, per published guidelines, to avoid any possible electrical shock and should disconnect the battery from the vehicle circuits if possible.
  • Emergency responders should also use copious amounts of water if fire is present or suspected and keeping in mind that fire can occur for a considerable period after a crash should proceed accordingly.
  • Operators of tow trucks and vehicle storage facilities should ensure the damaged vehicle is kept in an open area instead of a garage or other enclosed building.
  • Rather than attempt to discharge a propulsion battery, an emergency responder, tow truck operator, or storage facility should contact experts at the vehicle’s manufacturer on that subject.
  • Vehicle owners should not store a severely damaged vehicle in a garage or near other vehicles.

Posted in Auto Accidents, Defective Products, Product Liability, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

New HOS Regulations Submitted by Federal Motor Carrier Safety Administration. Finally.

November 3rd, 2011 by admin

Yesterday, the controversial new HOS regulations were submitted by the Federal Motor Carrier Safety Administration (FMCSA) to the Office of Management and Budget, the next step for the proposal to become federal law.

How long with the OMB take before the new hours of service regulations apply to American truckers?  It’s not clear.  The OMB does not have a set in stone deadline within which to make its call on the FMCSA proposed rule.  Furthermore, the OMB can review the proposal and okay it without change, or the OMB can send it back to the agency for tweaking. Of course, there’s that letter from Congress to President Obama to consider (read our earlier post here).

So, while the new HOS regulations are much, much closer to being federal law in this country, there’s no way to predict exactly when they will go into effect.

What’s all the bickering about on these hours of service rules, and what exactly are they? We’ve covered that in an earlier post, too. Suffice to say, the amount of time that a truck driver sits behind the wheel of a big rig semi tractor trailer truck, heavy and moving fast on an American roadway, is key to how safe we all are on the roads today.  It’s a big deal, and there’s a big fight.

But will this be the end of all the hoopla over the new hours of service rules?  No. There’s still some courtroom action that will be taking place.  Right now, the FMCSA is also involved in a federal lawsuit over the HOS rule changes – other parties include the consumer advocacy groups Public Citizen and Advocates for Highway Safety and Truck Safety Coalition along with the Teamsters union.

Posted in Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

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