Featuring the most recent summaries and analyses of important legal developments, regulatory changes and issues of general– and often times, vital –importance, Trucking Defense Blog is your home for information impacting those of us involved in the trucking industry and the defense of trucking-related claims and lawsuits.

Illinois Trucking Association Leadership Program

Sandberg Phoenix & von Gontard Associate Larry Hall recently completed the Illinois Trucking Association’s (ITA) Leadership Training Program. The multi-session program focuses on developing a range of leadership skills, meetings with ITA leadership, industry specific and communications training, and eduction on the promotion of the trucking industry. Larry was one of 15 graduates of the…

Should Trucking Companies Ban or Limit Cellphone Use

A controversial topic at many industry functions I have attended is whether trucking companies should ban or limit cellphone use by their drivers while behind the wheel of a commercial motor vehicle. This controversy was further illustrated in a recent article by David Wren entitled Lawsuit Settlement Could Lead to More Cellphone Bans by Trucking…

Transportation Attorney Larry Hall Quoted Extensively in Bloomberg BNA Article Concerning the Recent Eighth Circuit Decision on Testing Obese Drivers for Sleep Apnea

Here is a link to the Bloomberg BNA story. Could Testing Obese Truckers Weigh Down Industry? Below is Hall’s blog on the potential impact from the District Court. FMCSA and Court Target Specific Policies for Drivers with Sleep Apnea On March 10, 2016, the Federal Motor Carrier Safety Administration (FMCSA) requested comments regarding proposed rulemaking…

New Overtime Rules Mean Change Is Coming For All Employers – Transportation Industry Included

In May 2016, the United States Department of Labor published the long-awaited revision to regulations that will change the threshold for when an employer must pay an employee for overtime.[1] The effective date of the new regulations is December 1, 2016, causing dramatic changes for employers.[2] Within the first year of implementation, the update will…

Fleets Cite Reduced Claims Costs Through Use of Emerging Technologies

A recent article by Seth Clevenger published in Transport Topics explores ways executives can improve fleet safety. Several fleet executives spoke at the 2016 ALK Transportation Technology Summit about how their investments in technology have significantly increased safety and reduced claims costs at their companies. The installation of onboard video cameras, collision mitigation systems, departure…

FMCSA and Court Target Specific Policies for Drivers with Sleep Apnea

On March 10, 2016, the Federal Motor Carrier Safety Administration (FMCSA) requested comments regarding proposed rulemaking related to obstructive sleep apnea (OSA) and its effects on transportation safety. OSA causes restless sleep, which can lead to deficits in attention, concentration, situational awareness, and memory.  While all truck drivers are screened for respiratory issues, FMCSA’s notice…

The Debate Over Inward and Outward Cameras in Trucks

A recent article by Sean Kilcarr published in Fleet Owner explores why one director of safety believes inward and outward facing cameras will be absolutely vital tools for commercial drivers going forward, outweighing any privacy or other concerns drivers and company owners may have. Jeff Wood, director of safety for Martin Transportation System (a 1,000-truck,…

Federal Motor Carrier Safety Administration Proposes Big Changes to Motor Carrier Safety Fitness Determinations

On January 15, 2016, the FMCA released a proposal to change the method for assigning motor carriers’ safety fitness determinations (SFD). Presently, a safety fitness determination (SFD) can only be made following an on-site compliance review. Compliance reviews are extremely labor intensive, and only a very small percentage of motor carriers can be evaluated every…

NHTSA’s Proposal to Upgrade Rear Impact Crash Protection to Have a Significant Impact on Accident Litigation

Earlier this month, the National Highway Traffic and Safety Administration (“NHTSA”) issued a notice of proposed rulemaking aimed at upgrading standards for underride protection in trailers and semi-trailers. NHTSA is looking to make the standards more stringent to improve underride protection in higher speed crashes. Although many trailers currently sold would be compatible with this…

New Electronic Logging Device Final Rule is Released

Yesterday, the Federal Motor Carrier Safety Administration (FMCSA) announced and released the long awaited electronic logging device (ELD) final rule.  This final rule mandates use of ELDs by interstate drivers of commercial motor vehicles who currently use a driver’s record of duty status (driver’s log) to record their hours of service.  Within two years, motor…

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