Tag Archive for: truckers

FLORIDA'S $411 MILLION VERDICT

This is the largest verdict against a single trucking company in US History. Let that sink in. I am sure you have heard about this devastating accident. This verdict has made headlines all over the country.

The Synopsis


$411 Million Dollar Crash

Duane Washington rode his motorcycle down the interstate on this fateful day, as he often did. Further down the highway, a collision occurred. Having seen the accident, possibly seconds too late, a truck driver jackknifed his tractor-trailer to avoid the collision. A total of 45 vehicles were involved in this accident.

According to Duane Washington’s lawyer, Washington was not able to avoid the jackknifed truck because its emergency lights were not in use. If Washington had seen emergency flashers, he may not have smashed into the back of the truck and been thrown into the median. He may not have suffered life-altering injuries from which he will never fully recover.

If the driver had just turned on his lights in the emergency lane, Top Auto may still have its own authority. They may have been more defensible in court. They may have been able to settle.

This case has set a precedent for all future trials involving commercial motor vehicles.

The Advice


I spoke with a colleague of mine, a safety manager from my previous employment. We reminisced shortly before I turned the conversation to business. I wanted to know his thoughts on the latest nuclear verdict to hit the news.

Lady Justice“What if I was sitting in the courtroom when the $411 million verdict was handed over? How would I explain it to my employees, or to my boss? How would I explain it to my family?”

He went on to admit this kind of loss would be devastating for most trucking companies in operation today.

“Drivers make mistakes. Properly trained drivers make smaller mistakes.”

A simple statement, yet the sentiment echoed in my head for some time.  While it is impossible to eliminate human error throughout your fleet, you can dramatically reduce the number of mistakes committed through behavioral changes. Frequent and consistent training brings about small changes over time. Each of those small behavioral changes contributes to safer driving habits, safer drivers, and safer roadways for all.

The Solution


While hindsight may be 2020 now for Top Auto Express, it is far too late for the (no longer operating) trucking company to be proactive in driver training. However, here are a few courses that could have helped them avoid such a damaging verdict:

Collisions, Rollovers, & Jackknifing

  1. At the Scene of an Accident
  2. Driver Factors
  3. Fixed Object Collisions – High Speed
  4. Fixed Object Collisions – Low Speed
  5. Highway Factors
  6. Jackknifing
  7. Load Effects

Speed and Space Management

  1. Stopping Distance
  2. Spatial Awareness
  3. Incident Avoidance

At the Scene of an Accident

  1. Be Concerned About Litigation
  2. Trucking Companies Are Targets
  3. Do What You Say You’ll Do
  4. Responding to the Catastrophic Event
  5. What to Gather at the Scene
  6. The Care of Your Driver
  7. Accident Procedures

Uncategorized

  1. Heavy Trucking Braking System & Braking Techniques
  2. Inoperative Taillights
  3. Inoperative Headlamps
  4. Triangle Placement
  5. Operating CMV with Lamps – Reflectors Obscured
  6. Changing Lanes for CMV Drivers
  7. Tailgating
  8. Unsafe Driving Acts of Motorists Around Large Trucks

Download your free copy of our training management LMS course catalog

Videos for every need

The courses listed above were all available on the Infinit-I platform at the time of the accident. Each of these was an opportunity to create safer driving habits for the drivers of Top Auto Express. Even if the driver had been properly trained, but was not able to avoid the accident, the verdict would have likely been much smaller if he had reacted properly.

“Drivers make mistakes. Properly trained drivers make smaller mistakes.”

The BIG Question


What would a $411 million verdict mean for your company? Join the discussion on our newest LinkedIn page for Trucking Safety Professionals.

If you are not a current client of ours, but you see value in the discussion, follow this link for a quick overview of what our platform can do for you, your company, your drivers, your owners, and other stakeholders such as insurance providers and business partners. Now, you can take advantage of the Infinit-I system absolutely free.

In just 30 days, we promise:30-Complimentary Trial

  • – Reduced Accidents
  • – Reduced Violations
  • – Reduced Training Time
  • – Reduced Driver Turnover
  • – Increased Profitability
  • – Increased Litigation Protection
  • – Fleet-Wide Communication
  • – Simplified Safety Training

Start your complimentary trial today with the most trusted, preferred, and referred learning management system in the trucking industry. Enhance your safety culture and create safer drivers with Infinit-I Workforce Solutions.

LEGISLATION PASSED TO IMPROVE U.S. HIGHWAYS

The Federal Aid Highway Act of 1956


The Federal Aid Highway Act of 1956, signed into law by Dwight D Eisenhower, allowed $25 billion to construct a roadway system to efficiently connect the states. The bill is also known as the National Interstate and Defense Highways Act; its purpose to allow access for military defense during war.

While most drivers are aware and appreciative of this action, most do not know it was inspired by Eisenhower’s personal experiences in the Army. Lieutenant Eisenhower was a participant in the Transcontinental Motor Convoy in 1919, long before his presidency or the interstate system we know today.  The convoy left Gettysburg, Pennsylvania via the Lincoln Highway and headed to San Francisco.

Budget Appropriations for the Department of TransportationThey experienced numerous infrastructural challenges along the way. The convoy damaged bridges, became stuck off-road, and damaged equipment as a result of roadway conditions. The trip across the country took two months.

Because of this experience, Eisenhower was an advocate of constructing an interstate highway system to support national defense. In times of conflict, the US Army will be able to efficiently move troops and supplies across the country in just a few days, rather than months.

While truck drivers, along with the American public, still reap the benefits of this interstate system, it is aging and in need of major reconstruction.

2021 Budget Appropriations for the Department of Transportation


 

On July 14, 2020, the House Appropriations Committee voted on a $158 billion legislation to support the Department of Transportation, among others. The bill, passed in a vote of 30 to 22, will focus in part on the country’s aging transportation system.

 

“The departments and programs funded by the THUD bill are integral to our way of life – housing and transportation connect us to jobs, services, and education.”

-Chairman David Price, House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies.

The Secretary of Transportation received $1 billion for highway infrastructure program. From the full committee print, the allocation requests are listed below.

In the coming years, we are likely to see major reconstruction of interstates across the country. With improved highways, trucking companies will experience increased fuel efficiency and lower mechanical maintenance costs.

For You


As long as we have highways, however, we will always have construction. You do not have to wait until this project is complete to benefit from increased fuel efficiency and lower maintenance costs. Infinit-I Workforce Solutions can help you get a jumpstart on those issues and improve your bottom line now.

Over the course of two years after implementing our system, American Central Transport experienced a fleetwide increase of almost 1 MPG. The Director of Safety states it was because of continual training and counseling through the Infinit-I Workforce Solutions platform.

You can do it too. We will show you how. We are offering free demonstrations of our system to anyone interested in enhancing driver performance. Give us 30 minutes to demo. If you like the program, and you will, we will give you 30 days to utilize the system absolutely free.

Free Demo

Further Reading


8% of Truck Drivers Could Lose Their Job if their Employers Do This To Save Money

More New Content Coming Soon! Check out these new additions to our library.

Out-perform, Out-shine, and Out-grow your Current Safety Culture

Why A Positive Dispatcher & Driver Relationship is Key

COMING SOON! CHECK OUT THESE ADDITIONS TO OUR LIBRARY

NEW & UPDATED TRAINING CONTENT RELEASED EVERY MONTH

We’ve been hard at work! Now, we are giving you a sneak peek at our August 2020 releases. We have put together a series of updated video content to ensure your drivers have the latest information.

Not only are we creating and releasing new content; we are also updating our existing content. Experience the new look and feel of our brand new, up-to-date, Hours of Service, and School Bus training videos.

Your Client Success Representative will gladly introduce this new content to you. Give us a call and we will assign it to your fleet immediately.

Trucking – Hours of Service Series


Introduction to Hours of Service

A quick intro discussing who must comply with the new HOS regulations.

Video Length: 2:38

The 14-Hour Window, 11-Hour Limit, 60- 70-Hour Limit

Detailed explanation about the three maximum duty limits under the house of service regulations for commercial motor vehicle operators.

Video Length: 3:28

The Thirty Minute Break and 34-Hour Restart

We take a close look at the hours of service regulations regarding the 30-minute break and 34-hour restart.

Video Length: 2:08

On-Duty Time, Travel Time, and Off-Duty Time

This session details the differences between on-duty, off-duty, and travel time according to FMCSA hours of service regulations.

Video Length – 3:36

The Sleeper Berth Provision

We focus on the nuances of using the sleeper berth to serve required hours off-duty while on the road.

Video Length – 5:05

The Driver’s Daily Logbook

Even if drivers utilize the updated ELD method of tracking hours of service, they should still know how to manually fill out a paper logbook. This video covers the details on:

  • – What a logbook looks like
  • – What information is required
  • – How to record this information properly
  • – How long to keep the logs and where

Video Length: 4:06

Interstate Truck Driver’s Guide to Hours of Service

The FMCSA provides this guidebook that covers specifics of the hours of service rules. Learn about:

  • – Regulations
  • – Who must comply
  • – Time limits
  • – On-duty vs. off-duty
  • – Rule exemptions
  • – How to record hours served

Length: 28 pages 

Hours of Service ELD

This module teaches how ELDs work, who must use them, and why they are an improvement on how drivers track their hours.

Video Length: 4:25

Exemptions/Exceptions

Driving situations where hours of service may not apply or may function a little differently. This section discusses some hours of service exceptions and their corresponding rules.

Video Length: 2:57

Hours of Service Changes in 2020

Information regarding the recent changes made to the FMCSA hours of service regulations.

Video Length: 2:08

Schools


School Bus – Security

Learn Basic procedures for coping with security hazards on your school bus. These include:

  • – Reacting to suspicious persons or devices
  • – Suspected use of a weapon
  • – Bomb threats
  • – Hostage or hijacking situations

Video length: 7:55

Spanish Videos


Lane Restrictions: Restricciones de Carril

Aprenda cuándo y dónde el conducir en el carril izquierdo es aceptable para vehículos comerciales grandes.

Learn when and where driving in the left lane is acceptable for large commercial vehicles.

Video Length: 5:22

Future Clients:


Right now, we are offering complimentary access to our system for 30 days. No money down, no contract, no obligation.

Run us side-by-side with your current learning management system. Why not? It’s free for you! And we love a good challenge.

Infinit-I Workforce Solutions wants to give you 30 days. Because that’s all it takes to prove our value and earn your trust. Sign up today!

The Client Success Team provide a seamless onboarding experience

Additional Resources:


It’s a Trap! Safe Driver Week – Speeding Blitz.

Gearing Up for Safe Driver Week; Preparing Drivers for Speeding Blitz

Out-perform, Out-shine, and Out-grow your Current Safety Culture

Why A Positive Dispatcher & Driver Relationship is Key

Why You Should Be Focused on Your Employee’s Cultural Relationships Now More Than Ever

7 NEW SOCIAL RESPONSIBILITIES OF TRUCKERS; COVID-19 + JULY 4TH

Happy Fourth of July! As we roll into the weekend, let’s keep in mind the importance of this holiday.

The lingering presence of the Coronavirus is overwhelming. We thought it would be over by now. We were told that months of ‘shelter-in-place’ restrictions would flatten the curve for good. And that preventative practices, like gloves and masks, would slow the spread of the virus. Now, we are seeing the number of positive cases on the rise.

So, how do we celebrate “Independence Day” while still respecting these abnormal government recommendations?

Just keep rolling.

Some people will be sitting this holiday out. You may not get to attend a family BBQ or head out to the lake for the long weekend. It definitely won’t be your typical 4th of July. The most important thing, as always, is your safety.

Watch out for these top hazards during this unique holiday weekend.

Hazards


Crowded Highways

While the unique circumstances of 2020 make it difficult to predict traffic patterns, Independence Day usually shows a massive increase in highway traffic. In addition, air traffic has slowed significantly in the last few months, meaning travelers are more likely to hit the highway.

Highway Closures

With road construction in full swing, it is likely you will run into some lane closures and detours. These closures added to the increased holiday traffic could be disastrous. Expect the unexpected but be prepared.

Unusual amounts of summer rain have closed some smaller back roads. Always check local conditions before you leave the main highway.

The Federal Highway Administration offers a resource tool regarding national traffic and road closure information. Use this tool during your pre-trip to avoid adverse weather, bad road conditions, and highway closures.

Protesters

In the last few weeks, we have seen people gathered on highways and bridges as demonstrators. They are stopping traffic to gain a larger impact.

While there has been a decrease lately in the number of protests, the upcoming 3-day weekend gives plenty of opportunity for another round. Stay up to date on the news to determine if delays are possible within your route.

Fireworks Displays

Commercialized fireworks displays, previously a longstanding tradition, are being canceled all over the country for social distancing.

People still want to celebrate, so they are bringing the show to their neighborhoods. Across the country, fireworks sellers are reporting sales of up to 200% over this time last year.

“We’ve had a lot of new customers coming in. People want to get out of the house: They want to celebrate.”

Greg Spencer, Store Manager, Big Bang Boom (fireworks store)

If you happen to see a fireworks show lighting up the night sky, proceed with caution.  Stop to enjoy it if you’d like, but please, find the nearest safe haven. You can take that time to celebrate the holiday and take your DOT break.

Distracted Drivers

Don’t expect to see a huge fireworks display in localized areas. Instead, you will likely experience small, spread out shows from private properties.

Keep in mind, others on the road will be distracted by the same things. Every flash, bang, and “oooh, ahhh,” is a moment that a driver’s eyes are off the road. Watch for signs that a driver is distracted on the highway.

Signs a driver may be distracted:

  • – Frequent, Quick Corrections
  • – Lane Drifting
  • – Oversteering
  • – Varying Rate of Speed
  • – Last Second Braking
  • – Checking the Rumble Strips
  • – Holding a Cell Phone
  • – Eating/Drinking
  • – Tending to Children
  • – Dancing

Drunk Drivers

The Sutliff and Stout Law Firm conducted a traffic data analysis regarding the Fourth of July patterns. Their results show an increase in drunk driving all over the state of Texas. In one city, drunk driving occurrences increased as much as 90% over normal rates.

The increase in drunk driving correlates with a 28% increase in crashes and a 34% increase in fatalities.

Another chart shows the cities where an accident involving a drunk driver is most likely to occur. Most of these cities are major hubs for trucking activity. While preplanning, look out for major cities and plan accordingly. Stay off the roads if you can, at least for the night.

Speeding

CVSA’s Safe Driver Week is coming up. Law Enforcement Officers will be gearing up for a weeklong blitz, this year focused on speeding.

Speed has been a common denominator in more than 25% of CMV crash fatalities since 2008, according to the Highway Loss Data Institute.

Last year, commercial motor vehicle drivers were issued 1,454 speeding tickets and 2,126 speed warnings during Safe Driver Week. Speeding was the top issued citation and warning category for CMVs and personal vehicles alike.


Above all, keep your drivers, and yourself, safe out there. We have been faced with many unknowns throughout the pandemic. Each new crisis brings even more unforeseen challenges.

The trucking industry quickly adapts to changes, we always have. Keep your eyes open, put down your phone, get out and look, and always drive safely.

Enjoy your 4th!

Keep on Reading:


Why A Positive Dispatcher & Driver Relationship is Key

5 Intangible Must Haves that Truckers Crave in the Job Market

Truck Drivers Challenged by Demonstrations All Over the Country

Minimize Mistakes to Maximize your Most Valuable Resource – Your Drivers

OUT-PERFORM, OUT-SHINE, AND OUT-GROW YOUR CURRENT SAFETY CULTURE
WHY YOU SHOULD BE FOCUSED ON YOUR EMPLOYEE’S CULTURAL RELATIONSHIPS NOW MORE THAN EVER
Sunshine Threatens Truckers. Here’s What Your Fleet Needs to Know
28 THINGS EMPLOYERS SHOULD DO WHILE EMPLOYEES ARE HEADING BACK

After a very informative webinar this week, we’ve decided to dive deeper into your strategic reopening. In case you missed the meeting, check it out here.

We spoke with Attorney Monica Narvaez about all the things employers should consider as employees return to work. While all her suggestions were thought-provoking, some were downright surprising.

Our expert advisory board has developed a checklist for Strategic Reopening. Use the checklist to determine which of these issues could be a potential threat or opportunity for your business and plan accordingly.

Here’s a breakdown and explanation of some things to consider while planning your reopening strategy.

CDC Flowchart


Download the CDC flowchart to determine if opening is an option for your business, school, or public space. This document asks yes or no questions to help you decide if reopening too soon will put your customers or employees at risk of infection.

OSHA Requirements


Research Osha requirements to determine your responsibilities in reopening. You are now liable for the health of your employees regarding COVID-19. Research your states employer requirements in sanitization, documentation, monitoring, and response planning.

OSHA Requirements

Develop a Reopening Playbook


Have a plan in place before issues arise. Impromptu response can lead to emotional decisions.

Include Communication Plan – What information and how often will you communicate with your employees? The goal is to eliminate fear and doubt they may feel as not to hinder their work performance.

Determine Reassignment Structure – Does your business need to maintain its previous staffing structure? Many companies have focused on productivity and efficiency. In streamlining, they realized the cost-cutting potential of downsizing.

Identify Unemployment Triggers – If you do decide to reduce your workforce, check the Fair Labor Standards Act’s Fact Sheet regarding furloughed employees and pay reductions.

Work from Home Options – WFH options have the potential to drastically reduce your overhead costs. If employees are still as acceptably productive, it is worth looking at remote workstations as a permanent solution.

Develop a Reopening Playbook

Health and Safety Considerations


Sanitization Plan – Before the mass return of employees, it is recommended to sanitize all office equipment, surfaces, floors, and bathrooms to limit the spread of germs.

PPE Requirements – Decide whether or not employees will be required to wear gloves, masks, etc. when returning to work. If you deem PPE necessary, your state may require you to provide it to your employees.

Cleaning Protocols – Determine what items need to be cleaned and how often. Think about commonly touched surfaces such as coffee pots, doorknobs, copy machines, time clocks, etc.

Health and Safety Considerations

Health Requirements – Will you check your employees’ temperatures daily before they enter the building? What will you do if they have symptoms of COVID-19? Make sure you document all data and keep the information private.

Social Distancing Effort – To keep employees as comfortable as possible, make necessary accommodations to comply with social distancing protocols. Do not require employees to maintain a distance closer than 6 feet if it is not their choice. You can allow employees to spread apart their workstations or provide plexiglass barriers to protect them from airborne spread.

Employee in Contact with Positive Test – The CDC recommends that anyone in contact with a positive COVID-19 patient should stay at home and practice social distancing. Employers should notify everyone there has been a potential for contact so they can self-monitor for symptoms.

Employee Tests Positive – According to the CDC, that employee should self-isolate and follow the CDC recommended steps. Employers must inform their employees of possible exposure to COVID-19. You may not, however, reveal the identity of the employee who tested positive.

Employee Tests Positive

Develop a Response Plan


Staffing Level Changes – Assess the level of productivity achieved after layoffs and furloughs. Adjust your staffing level accordingly

Re-instate vs. Re-hire – Furloughed employees can simply be reinstated. Laid-off employees will need to be re-hired.

Decrease/Increase Wages – Some employees are currently making more money on unemployment benefits than they did when working. It may be necessary to increase wages to encourage them to come back to work.

Refusal to Return to Work – Know your rights as an employer. If you offer a laid-off employee their job back and they refuse, they may no longer be eligible for unemployment.

Re-establish Benefits Level – Will employees that are hired back be eligible for the same health insurance, retirement plan, paid time off plan as before?

Develop a Response Plan

Create Rationale to support Layoffs – Use what you learned to base your rationale on what job duties are still necessary. Some job duties may no longer be necessary.

Determine Severance Payouts – Consider whether WARN or COBRA apply. By state, some employees have a right to severance or paid leave accrual payouts.

Moving Forward


Preparation for Second Wave – If you did not have a business continuity plan before the pandemic, create one now. If you did have a continuity plan, examine what worked and what needs to be improved.

Shelter in Place #2 – You now have a better idea of what positions in your company are essential and which ones are not. If the country is hit with a second shelter in place order, act quickly to transition essential employees back to remote work.

New Essential Employees – Do your essential employees have the technology required for extended remote work. Make accommodations for data storage, cybersecurity protections, and any other reasonable requests.

Renegotiating Contracts – Consider any employment contracts to consider, renegotiate, or terminate. There may be collective bargaining agreements in place that need to be followed.

Moving Forward

Legal Precautions


COVID-19 Worker’s Comp – Employees are still covered for injuries at home under Workers Compensation and OSHA. In some states, if an employee contracts COVID-19, it will be immediately assumed to have been contracted at work. They will be entitled to Worker’s Comp.

OSHA – Negligence – You must be aware of all state requirements. Know your liability, follow guidance and torts for negligence.

Whistleblower Response – Create a response plan if you are accused of not providing the required PPE, requiring non-essential employees to work, or having previous knowledge of known hazards.

Legal Precautions

Extras


For more information, replay the Infinit-I Workforce Solutions webinar entitled Navigating the Unknown.

You can download this easy-to-read checklist that will help you keep track of your strategic reopening. Use it for your business or send it to your manager.

Trending Articles:


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Minimize Mistakes to Maximize your Most Valuable Resource – Your Drivers

Remembering Those Who are Gone and Dedicated to Keeping Others Safe

Logistics – Legal Trouble after COVID-19

Insurance – COVID-19 impacts Premiums and Renewals