News & Analysis as of

Liability for Highway Trucking Accidents- Who Is To Blame?

Truck accidents on U.S. highways frequently result in life-threatening and fatal injuries. The Federal Motor Carrier Safety Administration (FMCSA) emphasizes that the sheer weight of most big rigs—often 10,000 pounds or...more

Are leasing companies exempt from negligent truck drivers’ actions?

The Federal Motor Carrier Safety Administration reports that truck crashes have increased in the past few years. According to Illinois statistics, there were over 5,500 collisions involving large trucks in 2012....more

Motor Carriers Are Liable For Injuries to Drivers of Leased Vehicles Who Are Classified As Independent Contractors

Jose Vargas v. FMI, Inc. et al. - In Vargas, California’s Second Appellate District held that the Privette doctrine does not shield a motor carrier operating under a federal franchise from liability for tort injuries...more

InterConnect - Winter/Spring 2015

In this Issue: - Between a Rock and a Hard Place: Employers Must Walk a Narrow Path to Comply with DOT and EEOC Directives - New FDA Guidance for 3PLs on License Reporting Under the DSCSA - Moving Ahead in...more

Do commercial driving training programs give enough attention to truck driver safety?

Commercial trucks are some of the most dangerous vehicles on Illinois roads every day. If drivers do not receive the proper amount of training to operate a rig, their safety and the safety of all those around them are in...more

Trucking companies can be held responsible for a truck accident

When Chicago drivers take to the roads, they put an immense amount of trust in the other motorists with whom they are driving. A negligent individual can make a choice that results in serious injury for those around them at...more

FMCSA studying CDL training programs and truck accidents

Due to a truck’s large size, trucking accidents are usually some of the most devastating roadway collisions that can occur. Unfortunately, many car accident attorneys have seen the number of trucking accidents increase in...more

Setting the Table - January 2015: I Really Need A License For That?! Regulators Crack Down on Liquid Food Commodity Transporters

The new “Tank Vehicle” definition, which became effective and enforceable in all 50 states last summer, will likely have a disproportionate effect on the food commodity transportation sector due to the tendency to transport...more

Will proposed drug, alcohol clearinghouse for truckers make our roads safer?

A recent report from the Illinois Department of Transportation indicated that in 2013, 10 percent of all fatal crashes involved tractor trailers. While the factors playing a role in these crashes vary, many Chicago truck...more

Federal agency launching commercial driver clearinghouse

According to the National Highway Traffic Safety Administration, 3,921 individuals were killed and 104,000 were injured in 2012 during collisions involving commercial trucks on U.S. roadways. Out of those fatal crashes, two...more

Sleep-related truck accidents are still a problem

More than 10.6 million trucks traveled on U.S. highways in 2012 and that number is continually growing, according to the Federal Motor Carrier Safety Administration. The number of fatalities caused by large truck accidents in...more

PHMSA Proposes Regulations Claimed to Make Business Easier for Retailers and Transporters and Finalizes a Regulation that Could...

The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published two proposed regulations that may positively affect retailers and transporters, if implemented as proposed. In addition, PHMSA finalized a...more

Transportation Employers, Can You Survive The Federal Audit “Tag Team”?

The federal Occupational Safety and Health Administration and the Federal Motor Carrier Safety Administration are tag-teaming transportation employers. They’ve signed a Memorandum of Understanding in which they agree to share...more

Six Days on the Road and I'm Gonna Park My Truck to Comply with State Laws Tonight

My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal...more

DOT Proposes to Fine Motor Carriers and Others Who Coerce Drivers to Violate Safety Rules

The Surface Transportation Act currently provides commercial drivers with recourse if they are retaliated against for refusing to violate federal motor carrier safety rules. Earlier this month, the Department of...more

OSHA Supports Drivers Who Refuse to Violate the Law

Hours of service (HOS) regulations are intended to prevent truck drivers from driving while they are dangerously tired. Other Federal Motor Carrier Safety Administration (FMCSA) rules require sick leave for ill drivers and...more

Propane: winter shortages in 2014

Propane is widely used as a fuel -- but shortages this past winter led to an unprecedented emergency in the eyes of federal regulators. Propane is a hydrocarbon produced as a byproduct from natural gas processing and crude...more

A New Era For Vessel Sharing Agreements – FMC Allows P3 and G6 Alliances To Go into Effect

On March 20, 2014, the Federal Maritime Commission (FMC) announced that by a vote of 4-1, it had decided to let the P3 Network Vessel Sharing Agreement, among CMA CGM S.A., A.P. Moller-Maersk A/S trading under the name of...more

DOT Gives Up on Hours of Service Rules for Short-Haul Drivers

Last Monday, the Department of Transportation’s Federal Motor Carrier Safety Administration issued a final regulation codifying a federal appellate court decision invalidating the agency’s attempt to impose hours of service...more

Infrastructure Alert - October 1, 2013

As Congress has now failed to pass a continuing resolution to fund most federal operations, a government shutdown began this morning, the beginning of the federal government’s 2014 fiscal year. While exceptions are made for...more

New Hours-of-Service Regulations Effective Today, July 1, 2013

Legal Alert: The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) announced that new federal regulations designed to reduce truck driver fatigue took full effect today, July 1, 2013. ...more

Ban on Hand-Held Cell Phone Use for Commercial Motor Vehicle Drivers—What Employers Should Know

As the number of smartphones sold in the United States and worldwide overtakes sales of so-called ordinary cells phones, more Americans are using these devices while driving....more

Court Schedules Arguments on FMCSA's New Hours of Service Rule on March 15, 2013 [Video]

In December of 2011, FMCSA rolled out its new Hour of Service Rule to take effect in July of 2013. It will maintain current daily and weekly drive time limits, but there will be a modification to the 34 hour restart...more

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