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.

Peterbilt Recalls 2,000 Semi-Tractors Due to Speed/Tire Concerns

Peterbilt voluntarily recalled more than 2,000 semi-tractors because they can travel at speeds greater than their tires can safely handle.  The tractor recalls effect 2009-2016 model years because they can travel faster than 75 mph, even though the maximum speed their Michelin tires can handle is 65 mph.  The trucks at issue are primarily used…

Just Say “No” – Legalized Marijuana and the Trucking Industry

An unfortunate reality for businesses of any size is how to detect and handle drug use by employees. In the transportation industry where alertness and quick reflexes are essential to avoid every day hazards faced on America’s highways, appropriate testing policies and procedures are essential to any size company’s ability to survive in an environment…

Insurance Industry Pushes Electronic Logs and Speed Regulators

Driver fatigue received increased attention after comedian Tracy Morgan was critically injured in a January 2014 incident when the limousine he was riding in was struck by a Wal-Mart Stores Inc. tractor trailer whose driver failed to notice traffic slowing ahead. Reports later indicated the truck driver had driven 12-hours to work before starting his…

A “Hairy” Debate Over Driver Drug and Alcohol Testing

Under current commercial trucking industry procedures, the only permitted method of drug and alcohol testing is a urinalysis. Some employers are performing hair testing for their own use, but must also conduct a duplicative urinalysis to satisfy federal requirements. This could soon be changing. The Drug Free Commercial Truck Driver Act of 2015 (S.806 and…

Hands-Free Driving is Coming, Will we be Ready?

A recent article by attorney Matthew J. Trainor published in the Indiana Lawyer brings to light the inevitability of hands-free driving technology in consumer vehicles and the complete lack of laws and regulations ready to deal with this innovation. While it still may seem like self-driving cars are reserved for cartoons and science fiction movies,…

Mandatory Collision Avoidance Systems Urged by NTSB

The National Transportation Safety Board recently announced it is recommending collision avoidance systems be installed in all new commercial and non-commercial motor vehicles. The systems detect traffic and obstacles in front of a vehicle and warn drivers, with some even automatically applying the brakes. While the NTSB does not have the authority to mandate a…

FMCSA Says You Are Not Limited to Third-Party Vendor License Motor Inc.

Federal Motor Carrier Safety Administration (FMCSA) regulations require that fleets check their drivers’ commercial license status at least annually to verify the driver has not been convicted of any serious traffic violation or the license disqualified. In 2003, FMCSA stated in a guidance announcement that it was okay for motor carriers to use a third-party…

Distracted Drivers, Beware

April is Distracted Driving Awareness month. State and local police will aggressively ticket drivers who are using their cell phones (for calling or texting) when driving. U.S. Transportation Secretary Anthony Foxx stated, “Distracted driving kills, there is no excuse for it, and it must stop. Across the country, we’re putting distracted drivers on notice: U…

New CSA App Stirs Controversy

On March 17, 2015, the Federal Motor Carrier Safety Administration (FMCSA) launched the QCMobile app that allows users to retrieve data from the FMCSA’s network, including  carriers’ safety scores and other information kept as part of the Compliance, Safety, Accountability program (CSA). While the app is aimed at law enforcement, safety inspectors and other professionals,…

Risk Management for Trucking and Transportation Companies is About More Than Driver Training and Supervision

When starting any business, especially a family business, the main concern is usually securing enough capital. In that pursuit, however, one thing often overlooked is the protection of those assets through adequate insurance and corporate form (e.g. partnership, corporation, limited liability company). In this article, we examine a recent Illinois case highlighting the potentially devastating…

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