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Truck Freight Tonnage Highest in 2018 – What It Means for Highway Safety & Truck Accidents

February 11, 2019/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

In 2018, the amount of cargo carried by the for-hire trucking industry rose 6.6 percent from 2017. This gain is the largest year-by-gain in freight tonnage since 1998.

As the trucking industry continues to transport larger loads of cargo, it is important to be mindful of the safety standards that come into play. Because a heavier and larger vehicle will take longer to stop, it is important that truck drivers and the trucking industry are properly following these rules put in place by the Federal Motor Carrier Safety Administration (FMCSA). These rules are:

Cargo loads must be properly secured following the respective industry standards.

A cargo load must not exceed the weight requirements for the particular truck the cargo is being loaded onto.

The truck driver, as a part of his shift, is required to inspect the cargo load, and make sure it’s securely loaded prior to driving that truck. Remember, truck drivers are required to undergo cargo safety training as part of their truck driver training in order to obtain a CDL license.

That being said, many trucking companies choose to bypass regulations for personal gain. These companies may take on more deliveries than they can safely complete. Or they may overload a truck beyond its maximum weight capacity.

When the trucking industry engages in such reckless practices, they are endangering the lives of their employees as well as everyone who shares the roads with trucks. When these companies make deliberate choices that compromise the safety of their truck drivers and others on the roadways, these companies must be held accountable before the law.

Imagine not being able to work or send your child to college due to an accident injury that’s caused by someone else’s negligence. No one who has suffered harm through no fault of their own should have to go through this. Our Chicago truck accident attorneys are here for you. Contact us at 1 (312) 384-1920, or 1 (800) 693-1LAW, or by email for more information. With over 50 years of combined experience, we will fight for your full and fair compensation.

FMCSA Exempts Truckers From California Meal & Rest Break Rule

January 21, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

In 2011, California passed a law requiring truck companies to provide their truck driving employees a “duty-free” 30-minute meal break for drivers who worked more than five hours a day, as well as a second “duty-free” 30-minute meal break for drivers who worked more than 10 hours a day.

The Federal Motor Carrier Safety Administration (FMCSA) just recently on Dec. 21, 2018 announced that California’s meal-and-rest break rules are preempted by federal hours-of-service regulations. The push for this ruling came from the American Trucking Association (ATA), a lobbyist group that represents the interest of trucking companies.

By attacking this regulation, the ATA wants to prevent similar measures from being enacted across other states. Asking for a meal break for truck drivers in not an unreasonable request. As workers, most of us are guaranteed meal breaks due to federal, state, and local labor laws. It’s only fair that truck drivers also have this right.

Not only does this rule create a better working environment for truck drivers, but it ensures safer driving on our highways. Due to the long hours they work, most truck drivers are forced to eat while driving. As their focus shifts off driving, crashes become more likely. An FMCSA study found that distracted driving was the leading factor in crashes. The study found that nearly 80 percent of crashes involved some form of distracted driving in the 3 seconds before the crash.

Distracted truck drivers cause injuries to themselves as well as to those who share the roads with them. When the trucking industry pushes for these types of rulings, they are showing zero concerns for their employees, the truck drivers, who may face life-threatening injuries as a result of these policies.

But you should know that you have options if you or your loved one was injured by a distracted truck driver. The Dinizulu Law Group, Ltd. has helped thousands of families arrive at a place of security and stability. The verdicts & settlements our Chicago truck accident attorneys have achieved on behalf of injured clients have helped many in their time of need. An injury caused by the fault of others shouldn’t be a blueprint for how you and your family live out the rest of your lives. To get help, schedule a free initial consultation with one of our Chicago IL truck accident lawyers by calling 1 (312) 384-1920 or 1 (800) 693-1LAW or reach us by email. Contact us today for more information.

Preventing Truck Accidents in Winter Weather

December 7, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

As you may already know, winter weather requires us to be more careful on the roadway. To stay safe we can:

Drive at a reduce speed
Brake slowly and appropriately so as not to skid
Watch out for icy surfaces, especially on bridges
Clean snow and ice off our windshield properly before getting behind the wheel

While it’s important to be alert and control our vehicles properly during winter, truck drivers have an additional responsibility to drive safely due to the sheer size of these vehicles. Truck drivers have what’s called the “hours of service.” This means that according to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers can only drive a certain amount of hours before they must rest and sleep.

If a trucking company forces its drivers to drive beyond their regulated hours of service, not only are they breaking the law, but such companies are putting the safety of their employees and others on the roadway in jeopardy. It’s not uncommon to hear of truck companies that push extra deliveries on its truck drivers, forcing the employee to work beyond the regulated hours of service.

If you or your loved one was injured in a truck accident, know that it might not be your fault. Factors such as the truck driver’s alertness, failure to reduce speed, properly observe surroundings among others could be the reason behind a truck crash. Furthermore, know that some trucking companies make a deliberate effort to bypass safety regulations in order to save on expenses. In such instances, the Dinizulu Law Group, Ltd. is here for you.

With verdicts and settlements reaching up to millions, our Chicago truck accident attorneys have over 50 years of combined experience in fighting for injured victims just like you. Conveniently located in downtown Chicago, we offer free initial consultations. Schedule yours at 1-312-384-1920 or 1-800-693-1LAW or by email to learn more.

Vehicle Failure: A Main Cause of Truck Accidents in Chicago & Nationwide

September 14, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

Truck accidents often occur because the parts in the truck are not in proper working order. Laws and regulations in place require trucking companies to maintain their vehicles, conduct thorough inspections, and ensure that vehicles are safe before they get on the road. Sadly, this is not the case. Often times, truck companies make a deliberate choice to skip inspections and perform fix ups in order to finish deliveries on time or they may take on more deliveries than they can safely handle. When these companies choose to bypass safety regulations for personal gain, it the safety of everyone who shares the road with these large vehicles that’s threatened. Imagine losing a loved one because a defective truck that should have been pulled off the road simply wasn’t.

There are several factors that make a truck defective and lead to crashes. The Federal Motor Carrier Safety Administration (FMCSA) studies truck safety and the causes of truck accidents. They found among the most common causes of vehicle-related accidents are:

Brake Problems

Federal regulations allow trucks carrying cargo to weigh up to 80,000 pounds. When trucks are required to brakes, trucks can take over 20-times the stopping distance as a car. When required to brake suddenly, this weight may be too much and overpower the ability to stop when needed.

Add to these risks brakes that are not inspected thoroughly, even after long stretches of driving, and truck crashes become likely. FMCSA’s study on truck crashes revealed brake failures account for 29% of truck accidents. Imagine 29% of truck accident injuries and fatalities as avoidable if truck companies routinely maintain the brakes on their vehicles.

Tire Problems

FMSCA has specific regulations in place to help avoid truck accidents caused by tire problems. These standards require trucks’ tire treads to have a certain depth and quality, which vary based on the tire’s location on the truck. For example, while rear tires may be slightly worn – or even re-capped or re-treaded to save money – front steering tires must be new and in good quality.

Therefore, many trucking companies re-cap or re-tread tires rather than purchase new, expensive ones. This factor, along with improper or uneven tire wear or tire pressure, can cause the tires to heat up and shed layers. When layers break off a truck at highway speeds, they can cause the trucker or other drivers to swerve in reaction. If tires burst altogether, truckers can lose control. The accidents that results from these causes are oftentimes deadly.

Cargo Shift

Cargo is required to be secured and evenly load as per FMCSA’s rules. As the truck travels down a road, internal shifting of the cargo can seriously effect the truck’s overall stability. For example, if cargo is loaded too far back in trailer, or too high up, the trailer might not move as per the driver’s expectations. The results can be disastrous, especially during tight turns or emergency maneuvers. As a result, the truck driver could lose control of the entire vehicle, causing injury to himself and to many other drivers around him.

At the Dinizulu Law Group, Ltd., our truck accident attorneys in Chicago are familiar with the tactics truck and insurance companies use to avoid responsibility. If your loved one was harmed in a truck accident caused by vehicle failure, know that there are options for you. With over 50 years of combined experience and millions recovered in verdicts and settlements, our truck accident lawyers in Chicago are here for you. Call us at 1-312-384-1920 or 1-800-693-1LAW or reach us by email.

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Truck Accidents Often Turn Deadly Due to “Underriding”

August 31, 2018/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

There were close to 4,000 fatal truck accidents in 2016, according to the Insurance Institute for Highway Safety. This number has been on the rise since 2009, and is expected to continue rising unless safety rules and other preventive measure are put in place.

Most truck crash fatalities result in the death of a passenger car driver, a motorcyclist, a bicyclist or a pedestrian. Many times, these fatalities are due to a car or a smaller vehicle underriding the truck from the side. While rear guards are mandated on trailers, this law hasn’t been update since 1998.

It was in April 2014 that the National Transportation Safety Board (NTSB) issued a recommendation to the National Highway Traffic Safety Administration (NHTSA) that all new trailers have side protection systems. Nothing has changed since then until now.

Last December, Congress members introduced The Stop Underrides Act of 2017, a bipartisan bill requiring all large trucks, trailers, and semi-trailers to have side guard protectors. The bill would further update rear guard protection requirements to also apply to all large trucks, trailers, and semi-trailers. The bill was introduced by Sen. Kirsten Gillibrand (D-NY) and Sen. Marco Rubio (R-FL) and Sen. Bill Nelson (D-FL). Along with the Senate, an identical bill was also introduced in the House, by Rep. Steve Cohen (D-TN) and Rep. Mark DeSaulnier (D-CA). Since then the bill has been sitting in committees who have so far refused to take any further action on this safety issue.

The American Trucking Association (ATA), the lobbying arm of the trucking industry is expected to obstruct this bill as it would require the trucking industry to spend money on updating safety equipment. The ATA’s agenda is to have as few safety rules and regulations in place as possible to grow the trucking industry’s profits. They seem least concerned about fatalities they can help prevent. As a result, it’s our community members and their loved ones who must suffer from the consequences from tragic accidents again and again.

The ATA will look for reasons to block this bill. Their efforts include large donations to members of Congress who will support their agenda. Average families and our community members who lose the most from these tragedies often don’t have the funds to promote their own safety. Therefore, it is important that we raise our voices and remain engaged in these issues. Not only should we vote, but we should know our politicians’ position on safety rules. What does their voting record say about safety rules? Would this candidate help ensure my loved one can be safer? Awareness and engagement is what offers solutions and improves our communities.

Raise your voice if you or a loved one has been hurt in a truck accident. The Dinizulu Law Group, Ltd. is here to help injured victims and their families at their time of need. Our truck accident lawyers have helped thousands of families arrive at a place of financial security and stability after a devastating injury. We can be reached at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

Who is Responsible for a Truck Accident?

May 11, 2018/in Blog, Car accident injury law, Personal injury law, Trucking accident injury law/by Yao Dinizulu

If you were hit by a truck on the road, you might simply think that it was the truck driver who lost control and hit you and your vehicle. But the cause of your accident may be more complex and there may be much to uncover. Watch the video to learn more.

When a truck crash happens, a knowledgeable truck accident attorney will examine the many factors involved that resulted in the injury to you. The right attorney will ask you and the other parties certain questions to make sure that no stone is left unturned.

The proper attorney may involve the truck driver: Remember, the truck driver may have made an individual driving decision that was dangerous. Your injury could have been caused by distracted driving or speeding by the truck driver.

The attorney may involve the trucking company. The company who owns the truck and employs or contracts a driver must have proper hiring and training protocols in place. An attorney may uncover gaps in the truck company’s hiring and/or training practices, or may find that a trucking company is pressuring its drivers to work beyond their regulated hours. The attorney is also able to uncover whether a company is properly inspecting and maintaining its trucks.

Suppose the truck driver and trucking company did everything they could to ensure safety of those on the roadways. The crash could still have been caused by faulty parts. Defects in manufacturing or maintenance of brakes or chassis pins can sometimes be detected during a driver’s pre-truck inspection, but that’s not always the case. In that case, your attorney may involve the entities responsible for manufacturing the truck or its parts, or those responsible for maintaining the truck in your suit.

Furthermore, cargo companies are often responsible for securing a truck load. If an accident happens due to shifting cargo, your attorney can investigate if the cargo was secured based on industry practices.

To get to the root cause of your accident injury, your attorney must fully understand all the tools that are at his or her disposal during a case investigation. A knowledgeable and experienced attorney will be able to identify all the causes leading to your injuries. Your full recovery is easier to accomplish when you are using attorneys who fully understand all the steps of litigation and arbitration.

At the Dinizulu Law Group, Ltd. our trucking accident trial attorneys have over 50 years of combined experience that we put to test every day. Call us at 1 (312) 384-1920 or 1 (800) 693-1LAW with your questions and concerns, or reach us by email. Our verdicts and settlements have helped many clients facing an uncertain time in their lives arrive at a place of relief and stability.

Truck Accidents Caused by Careless Inspections

February 12, 2018/in Blog, Trucking accident injury law/by Yao Dinizulu

The law requires trailer and truck drivers to conduct a pre-trip inspection before the start of their route and once every 24 hours while on the road. It is the truck driver’s responsibility to ensure the vehicle they are expected to drive is safe for operation and free from defects. During a pre-trip inspection, the truck driver checks the vehicle’s mechanics, such as brakes, lights, tires, etc. to determine if they are functioning properly. The trucker must also ensure that the load being driven is securely loaded into place. The load must also be at or under the maximum weight capacity that is appropriate for that particular truck.

The driver of a truck should get behind the wheel only after ensuring that the pre-trip inspection trip didn’t reveal any problems with the truck’s operational capabilities and that the truck load is secure. A thorough pre-trip inspection should last between 30 to 50 minutes. While there is no established regulation that addresses the time frame to be allotted for truck and trailer inspection, 30 to 50 minutes is the expected time it takes to complete a thorough inspection. Every truck driver is taught to perform a pre-trip inspection as part of their CDL training, and they must know how to do one properly in order to get a CDL license.

Often times, truck accidents happen because a truck driver missed something during a pre-trip inspection. Truck accidents caused by falling debris from a cargo load are pretty common. Such accidents can be prevented if truck drivers are simply given enough time and support from the trucking industry to perform these life-saving inspections.

But many truck companies ignore safety rules and take shortcuts to protect their bottom lines. Examples include truck drivers not getting paid for the time they spend on inspections, even though it’s part of their required day. As a result, it’s not uncommon to hear of inspections that last only 10-15 minutes. These incomplete and unsafe inspections endanger us all and are a serious threat to public safety.

At the Dinizulu Law Group, Ltd., our Chicago truck accident lawyers investigate thoroughly if a careless or an incomplete truck inspection has caused you or your loved one injury in a truck accident. With over 50 years of combined experience and a reputation for tough litigation, our Chicago truck accident attorneys have the resources and the expertise to help you get the results you deserve. Call us at 1 (312) 384-1920 or 1 (800) 693-1LAW or contact us by email.

18-Year-Olds Now Allowed to Drive 18-Wheelers

November 10, 2017/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

Last year, the Federal Motor Carrier Safety Administration, which monitors safety regulations for the trucking industry introduced a three-year pilot program to allow 18-21 year-old drivers haul large trucks and tractor trailers across state lines. Why is this considered a good idea?

According to the CDC, teen drivers are already disproportionately prone to fatalities when driving cars, and 18 to 21-year-olds are already allowed to drive trucks, but not across state lines. This law based on state line restrictions is an arbitrary way to control how long a teen truck driver can be on the road. For example, a drive from Chicago to Southern Illinois may well be over 300 miles, while a much shorter drive from Chicago to Gary, Indiana is about 30 miles. The latter of these two drives is not allowed for teen truck drivers because they would be crossing state lines. However, it is just as risky, if not more so, when teenagers are allowed to haul large vehicles for the longest of distances within their states. Therefore, it would be safer for everyone if teen truck drivers would be limited to driving a set number of miles rather than being restricted on crossing state borders.

The new pilot program limits truck drivers under 21 to drive 100 miles into neighboring states, but this policy still has its flaws. This pilot program begs the question for how long would these teen drivers be driving in total? If a teen truck driver is traveling 100 miles in the neighboring state, this is in addition to what distance driven from the home state to get to the neighboring state?

Furthermore, the pilot program is using a very selective sample as a generality for the average teen truck driver. The 18 to 21-year-olds selected for the pilot program are military veterans who drove trucks as part of their service. The problem with using this sample group is that most of these veterans would be 21 or closer to 21, because the military starts to admit recruits at 18 years of age.

Another problem is that it’s very different working for the nation’s security as opposed to a for-profit trucking company that’s looking out for its bottom line. When rushed by their customers and bosses, young truck drivers are more likely to make deadly mistakes. Eric Penucci, a veteran truck driver interviewed by NPR said, “There’s a lot of stress in the trucking business. All customers are in a hurry to get their stuff. Traffic causes delays. Truck drivers need to be experienced, calm under pressure, and able to make good decisions.”

The trucking industry is facing a shortage of drivers, which may only get worse. Older and experienced drivers are retiring or leaving the industry altogether. Future truck drivers may be overworked, underage, and less-knowledgeable on roadway safety. These factors create fatalities on our highways that will only grow unless safer policies are put in place.

I am a truck accident lawyer in Chicago and often times I am dealing with the tragedy these accidents bring to families and communities. If you or your loved one was injured in an accident involving a truck you shouldn’t feel alone. Get the help and legal representation that will help you or your loved one move forward. Committed to your needs, our truck accident attorneys understand what you may be going through. The Dinizulu Law Group, Ltd. is available to answer all your questions and help you navigate through this difficult time. Our number is 312-384-1920 and 1-800-693-1LAW, or reach us by email at info@dinizululawgroup.com.

Client’s Powerful Testimonial: I Was Hit By A Improperly Loaded Truck on the Highway

September 15, 2017/in Blog/by Yao Dinizulu

Fletcher McQueen was injured when a driver of a improperly loaded trailer truck carrying a Bobcat skid steer, lost control and crashed into Fletcher’s SUV. Fletcher was hurt, unable to work, and didn’t know who to turn to. Another attorney who Fletcher had known highly recommended Yao Dinizulu and the DLG law firm.

There were days when Fletcher went to bed in severe pain, not knowing what would happen and if he would ever be able to work again and support his family. The Dinizulu Law Group, Ltd. was able to take Fletcher’s case to trial. The jury ruled in favor of Fletcher with a verdict resulting in over one hundred thousand dollars for his pain and suffering, lost wages, and medical bills. The next day, the jury reached an additional verdict of $1 million dollars for punitive damages.

Fletcher testifies how the attorneys and staff of the Dinizulu Law Group, Ltd. kept him and his family informed about the latest developments in his case. Fletcher always felt there was clear communication coming from the attorneys, paralegals, and the firm’s legal assistants. Fletcher felt prepared and knew what was expected at trial and during his sworn statement.

The trial verdict helped Fletcher and his family move forward after what was a very difficult chapter in their lives. Fletcher felt like he was finally able to get his life back.

No one who is injured and suffering due to the fault of others should feel like they are alone. Contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW, or by email. We are truck accident attorneys in Chicago that are here to help.

Determining the Recovery Value of Truck Accident Injuries

January 27, 2017/in Blog, Trucking accident injury law/by Yao Dinizulu

Have you been involved in a semi-truck accident? Were you significantly injured as a part of that accident? Are you wondering how to determine the monetary value of your injuries?

Let’s start with a very important point: Semi-truck accidents are handled completely differently than passenger vehicle accidents. You may have commercial policies that apply to your case. Semi-truck policies are mandated and regulated by the federal government. The federal government requires that semi-truck policies carry an amount in the millions because they need larger minimum policies.

How do we come up with a total value for your case? We have several factors that we look at. We will look at total medical bills, lost wages, injury severity, loss of companionship, and pain and suffering. These can give us a clue as to what your total value may be, but you have to note that it is impossible to give you an exact amount until your case has been fully investigated.

A last note, don’t go for the quick settlement that the insurance company will try to offer you. They want to pay you off quickly because they don’t lose as much money that way. If you wait, others factors may come to light that can benefit you and get you the bigger settlement you deserve. You’ll want to have an experienced legal team on your side when facing a case like this. Watch the video to learn more.

If you have questions about semi-truck accident injures, please fill out our contact form or call us at 1-312-384-1920 or 1-800-693-1LAW. Our experienced Chicago-based truck accident lawyers are here for you. You may also find more videos and media content from the Dinizulu Law Group, Ltd. on our media page.