Illinois Truck Accident Lawyer Blog

Highway Deaths on the Rise for Oil Field Truckers

Wed, 16 May 2012 21:15:30 -0600

Earlier today, our Chicago truck accident attorney Steven Levin read a news report posted on NYTimes.com revealing the deadly dangers associated with oil workers and highway travel.

In one particular case, after working 17 hours straight at a natural gas well, four crew members traveled in their company truck for an additional four hour driver back to their drilling service company’s shop. When the crew was roughly 10 minutes from home, the driver fell asleep at the wheel. This caused the truck to travel off the highway – subsequently slamming into a sign that sheared off part of the vehicle’s side. The accident resulted in one fatality.

However, our Chicago truck accident lawyer learned that two months prior to the fatal accident, the accident victim nearly died in a surprisingly similar accident. The accident occurred when another crew member fell asleep behind the wheel after a grueling shift and slammed the company’s truck into a pole. It was revealed that in 2009, the victim’s company was penalized in three states for violations that included “requiring or permitting” oil field trucks to driver after working 14 hours.

The article reports that within the past several years, roughly more than 300 oil and gas workers have died in highway crashes – the largest cause of fatalities in the industry. Safety and health experts attribute these deaths due in part to the fact that oil field workers are granted exemptions from highway safety rules that permit truckers to work longer hours than drivers in a number of other industries – such as the large commercial vehicle industry.

Although the National Transportation Safety Board released a statement saying that they are strongly opposed to oil field exemptions because they increase the risks of crashes, not much has been done to change regulations. According to a statement released by the C.D.C., unless changes are made to increase worker safety, the highway fatality rate is likely to continue. All the while, some experts have called for an increased oversight to help decrease the epidemic.

Our Chicago truck accident attorneys at Levin & Perconti urge lawmakers to update rules and regulations pertaining to oil field truckers in order to help decrease the increasing number of tragically premature fatalities. Worker safety, as well as, the safety of the traveling public should always remain a top priority in order to ensure that our nation’s roadways are a safe place to travel.

Illinois Bus-Semi Truck Collision Results in Numerous Injuries

Mon, 14 May 2012 22:04:53 -0600

Earlier today, STLToday.com reported a devastating Illinois trucking accident that occurred in Springfield, Illinois. The article reveals that a school bus transporting 33 sixth-grade students was traveling along Interstate 55 at around 4:30 p.m. – just five miles of Litchfield – when a semi truck traveling in front of the school bus began to slow down. The school bus driver failed to notice the semi truck driver’s reduced speed and subsequently collided into the back of the semi truck.

As a result of the collision, our Chicago truck accident attorneys learned that more than a dozen students aboard the bus, as well as, the school bus driver sustained injury. It is reported that a 12-year-old student was airlifted to a nearby Illinois hospital where she has been treated for a broken femur. She is currently listed in fair condition and is expected to undergo surgery. Additionally, seven children were treated at a hospital in Litchfield – with two later discharged, three still requiring hospitalization, and two airlifted to a St. Louis hospital.

Several concerned parents also took their children to an area hospital where they were treated for minor injuries – such as bumps and bruises. Uninjured students returning from the field trip in Springfield, Illinois, were transported back to their school. Our Chicago truck accident lawyers read that due to the crash investigation, the southbound lanes of Interstate 55 from exit 60 to exit 52 in Litchfield remains closed as of press time.

Any Chicago truck accident lawyer will tell you that motor vehicle accidents – including bus and semi truck accidents – continue to remain the leading cause of fatality among children. This notion is due to the fact that any injury sustained by a young child in a motor vehicle collision can lead to substantially devastating consequences than those injuries sustained by adults A recent analysis conducted by the National Highway Traffic Safety Administration reveals that children who suffer head injuries (such as traumatic brain injuries) as a result of a collision can experience lasting or late-appearing neuropsychological problems.

If you or your child has sustained injury in a motor vehicle collision, please contact our Chicago trucking accident attorneys as soon as possible. Our knowledgeable attorneys continue to provide qualified legal representation to those who have been injured as a result of another’s negligence. Recently, our attorneys obtained a $6.5 million settlement on behalf of a Huntley family incurred debilitating injuries in a tragic semi truck accident. Through our investigation, it was revealed that the driver of the semi truck was operating under the influence of marijuana, in addition to, operating an overloaded semi truck at the time of the accident.

Fatal Fire Truck Accident Lawsuit Reaches Settlement

Thu, 10 May 2012 09:22:24 -0600

Earlier this week, a Chicago truck accident attorney at our office read a news report detailing a settlement that has been reached in a fire truck accident lawsuit. BaltimoreSun.com reports that the accident in question transpired in December 2007 when a fire truck, responding to a call, sped through a city intersection with its lights and siren on at 47 miles per hour. It was reported that the fire truck struck the victim’s passenger vehicle that was traveling at around 23 miles per hour through the intersection. However, according to regulations mandated by the city of Baltimore, emergency vehicles are required to stop at all red lights and stop signs – even when responding to emergencies – to ensure that intersections are clear of traffic.

As a result of the tragic accident, a 49-year-old woman, her 35-year-old husband, as well as, their 24-year-old friend all succumbed to fatal injuries. According to local authorities, no criminal charges were filed against the firefighters. City and state laws in Maryland set high immunity for police and firefighters responding to emergency calls. Additionally, our Chicago truck accident lawyer learned that Maryland does not recognize gross negligence in these types of cases. The news article reveals that the fire truck accident was deemed the worst accident involving Baltimore firefighters and civilians in 50 years.

Relatives of the victim of the 2007 fire truck collision will each split $40,000 as part of their settlement. Our Chicago trucking accident attorney learned that $40,000 is the cap set for motor tort claims involving police and firefighters responding to emergencies. In addition to the settlement reached as a result of this devastating collision, Baltimore’s Solicitor’s Office wishes to settle two other claims involving traffic accidents with city vehicles. The city has agreed to award a pedestrian $200,000 who suffered extensive injuries and increasing medical expenses as a result of being struck by a car driven by a city health department worker who had fallen asleep behind the wheel. In the other case, the city agreed to pay $100,000 to another individual involved in a traffic accident with a city vehicle.

Often times, collisions involving emergency vehicles run the risk of causing substantial personal injury and even premature fatality. If you have been involved in a collision involving a city vehicle, it is important to obtain qualified legal representation from experienced accident attorneys who are well-versed in handling these types of complex cases. Recently, our Chicago truck accident attorneys obtained a $10 million settlement on behalf of an 8-year-old Chicago boy who lost his leg in a tragic fire truck accident on the South Side. The settlement aiding in covering the young boy’s past and future medical expenses, as well as, special prosthetic devices he will need for the rest of his life.

NHTSA Reports Decrease in Traffic Fatalities

Tue, 08 May 2012 08:52:32 -0600

TruckingInfo.com reports that the National Highway Traffic Safety Administration recently released their early estimate of traffic fatalities in 2011. Our Chicago truck accident attorneys learned that as of press time, the number of highway deaths in the United States is on track to be at its lowest on record.

The National Highway Traffic Safety Administration’s 2011 statistical projection of traffic fatalities reveals that an estimated 32,310 individuals died in motor vehicle traffic crashes. However, this number is a significant decline of almost 1.7 percent compared to the 32,885 fatalities that transpired in 2010. Additionally, fatalities in 2011 declined slightly in the first and fourth quarters (ranging from 0.1 percent to 0.7 percent) all the while significantly declining in the second and third quarters (ranging from 2.5 percent to 3.2 percent) when compared to their respective quarters in 2010.

Our Chicago truck accident lawyers learned that traffic fatalities have been progressively declining the past 5 years since reaching a “near-term peak” in 2005 when traffic fatalities decreased by about 26 percent from 2005 to 2011. If the National Highway Traffic Safety Administration’s projections hold true, it will be the lowest number of fatalities recorded since 1949. Additional statistics provided by the Federal Highway Administration reveal that vehicle miles traveled in 2011 substantially decreased by about 35.7 billion miles – or around a 1.2 percent decrease – which may be the reasoning behind the considerable decline in traffic fatalities.

In order to continue trends in decreasing traffic fatalities, each Chicago truck accident lawyer at our firm encourages drivers of all types of motor vehicles to exercise extreme caution during motor vehicle operation in order to avoid potentially life-threatening motor vehicle collisions. Our accident attorneys encourage drivers to adhere to the following safety tips – provided by ShareTheRoadSafely.org:

- Never Cut in Front of Another Vehicle – Many vehicles, especially trucks and buses, take substantially longer to stop. Forcing a large commercial vehicle to stop too quickly may result in a motor vehicle collision resulting in personal injury or premature fatality.
- Always Wear a Safety Belt – Seat Belts have continued provide the most significant amount of protection to motor vehicle drivers in the event of a collision.
- Avoid Blind Spots – Always avoid a motor vehicle’s blind spots, especially large commercial trucks. Often times drivers are unable to see you if you can’t see their mirrors.
- Avoid Driver Distractions – Dangerous situations are often created when a driver engages in distracting behavior, such as: cell phone use or texting, eating, or even messing with a car’s music system. Always focus on the road in order to save the life of you, your passengers, as well as, surrounding vehicles.

Truck Driver Cited for Careless Driving

Sun, 06 May 2012 15:40:18 -0600

Earlier this week, a Chicago truck accident lawyer at our firm read a news report posted on OrlandoSentinel.com detailing a disastrous semi truck accident. According to the news article, the accident in question transpired when a semi tractor-trailer and a passenger vehicle were traveling along an interstate highway. The passenger vehicle was traveling well below the posted speed limit of 65 miles per hour due to mechanical problems within her vehicle. However, a semi truck traveling behind the vehicle failed to notice the driver’s reduction in speed and the driver subsequently braked and steered to the right to avoid the passenger vehicle. As a result, the semi tractor-trailer jackknifed as it entered the emergency lane.

The 34-year-old driver of the passenger vehicle sustained minor injuries as a result of the accident while the semi truck driver remained unharmed. The wreckage caused traffic to remain stalled for more than an hour along the interstate highway as clean-up crews attempted to clear the scene. Our Chicago truck accident attorney learned that as a result of the accident, the semi truck driver has been charged with careless driving for his role in the jackknife collision.

Any Chicago trucking accident attorney will tell you that when these types of accidents involving large commercial vehicles transpire – the results can be particularly devastating and life-altering. Give the fact that semi tractor-trailers are built, maintained and driven substantially different than any other type of vehicle and can weight upwards of 80,000 pounds, their ability to cause significant damage upon impact is dramatic. With over 500,000 personal injuries resulting each and every year from trucking accidents involving large commercial vehicles – according to the Federal Motor Carrier Safety Administration – commercial vehicle drivers and their trucking carriers must exhibit the utmost standard of care during operation - including the oversee of driver operation.

In the tragic event that you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent large commercial vehicle driver, please contact us at Levin & Perconti as soon as possible. Our accident attorneys in Chicago have expertly handled a wide variety of cases involving motor vehicle accidents, including those involving tractor-trailers. We ensure that our clients are properly and adequately compensated for the damages they have sustained as a direct result of their accident. These damages include but are not limited to: loss of wages, medical expenses, as well as, any physical and emotion pain and suffering.

Wrongful Death Lawsuit Filed after Channahon Truck Accident

Thu, 03 May 2012 14:07:16 -0600

An Illinois trucking accident lawsuit has been filed as a result of a tragic fatal semi truck accident that transpired last year – ultimately resulting in the death of a Channahon woman. SunTimes.com reports that the wrongful death lawsuit has been filed on behalf of the 44-year-old Illinois woman’s family. The accident in question occurred when the accident victim was traveling west on U.S. 6 in Channahon on May 10, 2011, when a semi tractor-trailer struck her motor vehicle on Bell Road and forced it into a traffic pole.

A Chicago truck accident lawyer at our firm learned that the 44-year-old driver was pronounced dead at the crash scene. It was reported that two of the woman’s children were also traveling in the motor vehicle with her and also sustained injuries as a result of the accident. According to court papers, the wrongful death lawsuit names the truck driver, as well as, his employer as defendants.

Additionally, the truck accident lawsuit names the town of Channahon as a defendant because the pole that pinned the driver’s side of the accident victim’s vehicle did not collapse. It is noted that if the pole was collapsible – it would have lessened the force of the crash. According to Will County records, the defendant truck driver was not ticketed immediately after the accident. The wrongful death lawsuit seeks more than $1 million in damages.

Any Chicago truck accident attorney will tell you that accidents involving large commercial vehicle accidents tend to be substantially more severe in terms of damages and it is important to obtain experienced accident attorneys to help handle your claim. Since 1992, our attorneys at Levin & Perconti have expertly handled numerous wrongful death claims for victims of all types of motor vehicle accidents and ensure that our clients are properly compensated for their injuries and losses.

Recently, our lawyers obtained a $6.5 million settlement on behalf of 32 year-old Huntley woman who was fatally injured when a semi tractor-trailer rear ended the passenger vehicle which was also transporting both her husband and young son. The settlement was also a $4.7 million record Kane County wrongful death settlement when it was revealed that the defendant truck driver was operating under the influence of marijuana, in addition to, an overloaded semi tractor-trailer.

If you have been injured or have lost a loved one in an Illinois trucking accident, please contact an accident lawyer in Chicago to see what legal rights may be available to you.

FMCSA Enacts New Rule for Trucking Carriers

Tue, 01 May 2012 13:27:55 -0600

TruckingInfo.com recently released a news report detailing a new rule geared towards trucking carriers that has been implemented by the Federal Motor Carrier Safety Administration. Our Chicago truck accident attorneys learned that last week, the Federal Motor Carrier Safety Administration posted their final rule that changes its procedures in several areas affecting truck lines, intermodal equipment providers, brokers, freight forwards, in addition to, hazmat proceedings.

One of the most significant changes implemented by the Federal Motor Carrier Safety Administration is the requirement that even in the event that a trucking carrier pays a full civil penalty in enforcement proceeding does not give them the ability to unilaterally avoid an admission of liability. Our Chicago truck accident lawyers learned that such a payment constitutes admission of all the facts in a Notice of Claim, unless the trucking carrier and the Federal Motor Carrier Safety Administration agree otherwise.

It is also reported that the Federal Motor Carrier Safety Administration will also review out-of-service orders before they go into effect on reincarnated operations that have a history of breaking the rules. Additionally, the Federal Motor Carrier Safety Administration will consolidate the records of reincarnated entities with their predecessors’ records. The agency’s decision was ultimately turned on its contention that businesses with a lot of financial resources could afford to repeatedly violate the rules by simply paying the fines.

Our Chicago trucking accident attorneys are pleased to learn that the Federal Motor Carrier Safety Administration has enacted a rule for trucking carriers that makes it tougher for the trucking carriers who have been sanctioned to reincarnate themselves under a new identity. As large commercial vehicles travel on our busy roadways day in and day out – the safety of the traveling public should always remain a top priority. Mandated regulations, such as the one previously mentioned, aid in ensuring that unsafe trucking carriers and their drivers are restricted from dangerous operation.

In the event that you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent commercial vehicle driver, please contact us as soon as possible. Our accident attorneys in Chicago have expertly handling a wide variety of cases involving motor vehicle accidents, particularly those involving commercial vehicles. We ensure that our clients are properly compensation for the damages they have sustained as a direct result of their accident, such as: loss of wages, medical expenses, as well as, physical and emotional pain and suffering.

2 Injured in Stevenson Bus Accident

Sun, 29 Apr 2012 13:57:24 -0600

Earlier this weekend, a Chicago truck accident lawyer at our office read a news report confirming that two individuals have been injured in an Illinois bus accident on the Stevenson Expressway. According to the article, posted on SunTimes.com, the accident transpired Friday morning when one of three buses transporting inmates from Cook County Jail to Stateville Prison collided into the bus traveling in front of it. It was reported that the bus driver has not noticed the reduction of traffic speed when he collided into the other bus around 8 a.m. on the outbound Stevenson – just south of Pulaski.

As a result of the bus collision, our Chicago truck accident attorney learned those injured included one inmate, as well as, one law enforcement officer. Both individuals suffered minor injuries and were taken to Mount Sinai Hospital. It was revealed that the other 105 inmates were put back onto the buses and taken back to Cook County Jail where they were put under medical review to ensure that no other injuries were sustained. After being medically checked out, the inmates were transported back to Stateville Prison. Illinois State Police revealed that although the accident caused traffic to remain backed up for a short period of time after the accident, the buses were relocated off the interstate – allowing traffic flow to resume.

Given the substantial size and weight of large commercial vehicles, such as buses and semi trucks, any collisions in which these vehicles are involved in carries the significant risk of debilitating and life-altering injuries and in many unfortunate cases -- premature death. Statistics provided by the Federal Motor Carrier Safety Administration reveal that in 2009 alone, over 10,000 vehicles were involved in bus accidents across the United States. Of those 10,000 accidents, over 9,000 resulted in injury or death – ultimately causing over 20,000 individuals non-fatal injuries or fatality.

In the event of a bus accident, any Chicago trucking accident attorney will tell you that the consequences can be substantial for injured parties and their families. When negligence plays a role in these types of accidents, civil litigation can help families obtain the compensation they deserve as a result of another’s wrongful or negligent conduct. Some of the most common types of compensation accident victims can recover in a bus accident include:

- Medical expenses
- Lost wages
- Loss of earning capacity
- Rehabilitation expenses
- Physical and emotional pain and suffering
- Punitive damages aimed to punish the wrongdoer for their negligent conduct

Four Injured in Semi Truck Rollover

Fri, 27 Apr 2012 13:40:26 -0600

AnnArbor.com recently released a news report detailing a semi truck rollover accident that sent four individuals to the hospital. A Chicago truck accident attorney at our office read the news article which stated that the accident in question transpired as the semi truck was traveling east along an interstate highway when an SUV attempted to pass the tractor-trailer. Both vehicles were traveling near an entrance ramp when a box truck entered the interstate highway. A subsequent collision resulted when the SUV attempted to move into the left lane – striking the semi truck.

As a result, the semi truck driver lost control of his trailer and collided into the roadway’s median wall before ultimately rolling over onto its passenger side. Although our Chicago truck accident lawyer learned that four individuals were taken to an area hospital with non-life threatening injuries, all four individuals has to be extricated from their vehicles by an area fire department. Both east and westbound lanes of the highway remained closed for several hours while roadway crews managed to clean up the debris from the accident.

Any Illinois truck accident attorney will tell you that when a semi tractor-trailer rolls over, the risk for motor vehicle accidents resulting in severe injury or fatality significantly increases. Often times, semi truck rollover accidents ensue as a result of a wide variety of negligence. Some of the most common types of negligence attributed to a semi truck rollover include: an improperly maintained vehicle, improperly loaded trailer, or even improperly operation. In these types of cases where negligence plays a factor in a tragic accident, the truck driver, as well as, their trucking carrier may be found liable for personal injury or wrongful death in a civil court of law.

The Federal Motor Carrier Safety Administration extensively regulates federal trucking laws that must be adhered to by truck drivers and their carriers. Truck drivers are required by law to operate with a standard of care that avoids potential hazards at any and all costs. These standards have been established because of the substantial risk associated with large commercial vehicles that weigh upwards of 80,000 pounds. When this standard is deviated from and an accident resulting in broken bones, spinal cord, neck injuries, or even premature fatality occurs, civil litigation is highly beneficial for injured parties and their families to obtain compensation for damages incurred.

If you have been injured in an Illinois trucking accident, please contact our experienced accident attorneys at Levin & Perconti to see what legal rights may be available to you.

Negligence Lawsuit Filed after Fatal Bus Accident

Wed, 25 Apr 2012 10:17:40 -0600

Earlier this week, a Chicago truck accident lawyer at our firm read a news report posted on PhillyBurbs.com detailing a negligence lawsuit that has been filed on behalf of an 11-year-old girl who was killed after a dump truck collided with the school bus she was traveling in. The accident in question transpired in February of this year when an overloaded dump truck was traveling at an excessive speed and failed to observe oncoming traffic before crossing a high speed intersection – subsequently colliding into the school bus. The dump truck struck the rear side of the bus – causing the school bus to spin and crash into a light pole at the intersection.

As a result of the accident, seventeen children were injured – including the accident victim’s two sisters -- and causing fatal injury to the accident victim. The civil lawsuit was filed earlier this week by the 11-year-old’s parents and seeks an unspecified amount of damages. Our Chicago truck accident attorney learned that many of the claims asserted in the lawsuit stem from findings released by law enforcement agencies and the National Transportation Safety Board. At the time of the accident, the 66-year-old school bus driver was cited for failing to stop or yield and the 38-year-old dump truck driver was charged with violations stemming from the condition of his overweight truck, inadequate brakes, as well as, improper securement of the dump truck’s load.

According to court documents, the lawsuit asserts that the defendants were negligent in their daughter’s death, as well as, the injuries and trauma sustained by her sisters. It is asserted that the truck should not have been traveling on the roadway due to its weight and condition and that the truck driver was driving at an excessive speed and not paying attention to the dangers posed by the roadway. The complaint also refers to the suspension of the dump truck driver’s license in 2003 for reckless driving. It is argued that the suspension was a predictor that he would likely be involved in future accidents and his trucking company should have assigned him to a non-driving position.

Our Illinois truck accident attorneys learned that although no criminal charges have been filed – it is reported that the case will remain open and that no determination would be made on criminal charges until the safety board concludes its study and issues a final report. Possible criminal charges may be filed against the school bus driver who – according to toxicology results – maintained a therapeutic level of an undisclosed prescription drug in his system. However, local authorities reveal that the drug was properly prescribed to the driver and would not have impaired his ability to driver the bus at the time of the accident.

Investigation of Problematic School Buses Reveals Safety Hazard

Mon, 23 Apr 2012 17:38:08 -0600

Earlier today, WashingtonPost.com released a news report detailing a government mandated investigation of a particular model of school buses that have been shown to shall without warning. A Chicago truck accident attorney at our firm read the news article which further revealed that the National Highway Traffic Safety Administration posted a notice about the investigation of all school buses from the 2008 model year on their website yesterday.

Although no accidents or injuries have been reported, three cases have been reported by the International CE-brand buses in which the high-pressure oil lines on the school buses - which connect the oil pump to the fuel injectors – have apparently failed.

Our Chicago truck accident attorney learned that in one of the reported cases by International CE-brand buses, a school bus full of public school children was traveling 55 mph when the school bus began smoking and ultimately stalled. The driver of the school bus was required to pull over to the side of the road. Fortunately, no one was injured as a result of the incident.

Any Chicago trucking accident attorney will tell you that the safety of school children on school buses always remains a top priority by local, state, as well as, the federal government. Given that school buses provide a substantial amount of mass transportation across our nation, it is no surprise that the number of accident involving school buses resulting in injury or fatality is increasing.

According to school bus accident statistics provided by the National Highway Traffic Safety Administration, approximately 8,000 school children are injured in school bus accidents each and every year. Additionally, supplemental data from the National Highway Traffic Safety Administration found that although 42 percent of these injuries were related to school bus crashes, roughly a quarter of the injuries resulted when the children were boarding or leaving the school buses. Injuries were also reported in cases when they slip and fall on school buses or when school bus drivers apply the bus’s brakes too hard to turn corners too rapidly.

Our Illinois truck accident attorneys at Levin & Perconti are pleased to learn that the federal government is taking the initiative to ensure the safety of our school children through the regulated inspection of the vehicles that transport children to and from school. In the unfortunate event you or a loved one was injured in a school bus accident due to driver negligence or faulty bus equipment, please contact our experienced accident attorneys to see what legal rights may be available to you.

FMCSA to Adopt Sleep Apnea Guidelines

Sun, 22 Apr 2012 14:09:26 -0600

Earlier this week, a Chicago truck accident attorney at our office read a news report detailing new sleep apnea guidelines that the Federal Motor Carrier Safety Administration is looking to implement into the trucking industry. TheTrucker.com reports that the recommendations were provided by two medical advisory bodies in February on the topic of obstructed sleep apnea in truck drivers.

The recommendations list a body mass index or BMI of 35 or great and an Apnea Hypopnea Index or AHI of 20 or more (moderate to severe sleep apnea) as being triggers for testing and treatment. Under the recommendations, treatment would consist of using a Positive Airway Pressure or a PAP machine. Our Chicago truck accident lawyer learned that the use of dental appliances to treat sleep apnea were “not approved alternatives at this time” by the medical advisory boards.

The Federal Motor Carrier Safety Administration recently revealed in a notice published in the Federal Register this is “proposes to adopt the recommendations as regulatory guidance after reviewing and evaluating comments received by the public.” It is reported that public comments must be received on or before 30 days from April 19, 2012.

Additional aspects of the recommendations include:
- A driver with a BMI of 35 or greater could be conditionally certified for 60 days pending a sleep study and treatment if diagnosed with OSA. Within 60 days, if the driver was compliant with treatment, he or she could get an additional 90-day certification.
- If, after 90 days the driver is still compliant with treatment he or she could get certification for a year depending on continued compliance.
- PAP compliance is defined as “at least” four hours a day of use on 70 percent of days with seven or more hours of daily use during sleep deemed “preferable.”
- A commercial driver with a diagnosis of obstructive sleep apnea (OSA) can be certified if he or she has only mild to moderate OSA (an AHI of less or equal to 20) and if the driver “does not admit to experiencing excess sleepiness during the major wake period or the driver’s OSA is being effectively treated.”
- The AHI is used to measure the severity of sleep apnea and has to do with the number of times a night a person stops breathing.

Our Illinois truck accident attorneys at Levin & Perconti are pleased to learn that the Federal Motor Carrier Safety Administration has been extensively working on recommendations and future regulations for truck driver sleep apnea. These recommendations are a positive step in the right direction for reducing potentially fatal accidents caused by issues related to a truck driver’s sleep apnea.

Truck Driver Charged with DUI in Illinois Accident

Sat, 21 Apr 2012 13:46:21 -0600

A 41-year-old Aurora truck driver has been charged with driving under the influence of alcohol stemming from an Illinois trucking accident on Interstate 355 earlier this week. According to a news report, posted on NewLenox.Patch.com, the tractor-trailer was traveling down a ramp from southbound Interstate 355 toll-way to eastbound Interstate 80 when the truck’s trailer subsequently tipped over at around 11 p.m. The large commercial vehicle, transporting a cargo of frozen food products, ultimately came to rest on its side – causing all lanes of traffic to remain closed until roughly around 8 a.m.

In a statement released by the Illinois State Police, it was revealed that the truck’s trailer was breached, so some of the product was dislodged. However, it was not ultimately lost from the trailer itself. A Chicago truck accident lawyer at our firm learned that the 41-year-old semi truck driver was ultimately charged with driving under the influence of alcohol, driving too fast for conditions, as well as, improper lane usage. It was reported that the truck driver has “no recollection of the accident.”

Any Chicago truck accident attorney will tell you that any time a large commercial vehicle driver operates an 80,000 pound truck under the influence of alcohol – the results are almost always significantly tragic and life-altering. Under current regulations provided by the Federal Motor Carrier Safety Administration, large commercial vehicle drivers are not permitted to consume alcoholic beverages within four hours of his/her shift. Additionally, a trucking carrier is not permitted to allow a truck driver to driver if it appears that the driver has used alcohol within four hours of their shift.

If you have been injured in a tractor-trailer accident or have lost a loved one at the hands of a drunken semi truck driver, you may be able to obtain compensation for damages incurred as the result of the truck driver and his/her company’s negligence. Our attorneys at Levin & Perconti have expertly handled a number of personal injury and wrongful death claims – including Illinois trucking accidents – and ensure that our clients are properly compensated for their devastating injuries and losses. Accident victims may obtain compensation for various damages including: loss of wages, medical expenses, physical and emotional pain and suffering, in addition to, punitive damages that aim to punish the wrongdoer’s negligent behavior.

Please contact an experienced accident attorney in Chicago as soon as possible to help evaluate your case.

Truck Accident Victim Awarded $9M Settlement

Fri, 20 Apr 2012 13:13:18 -0600

Recently, our Chicago truck accident attorneys read a news report posted on CommercialAppeal.com detailing an out-of-court settlement that has been reached in a wrongful death lawsuit stemming from a devastating trucking accident that transpired last year. The accident in question transpired on April 8, 2011, when the accident victim was operating his large commercial vehicle along an interstate highway. An additional large commercial vehicle driver was traveling near the accident victim when he had a seizure – subsequently resulting in a fatal collision between the two semi trucks.

Court documents later revealed that prior to the fatal accident; the driver of the large commercial vehicle that caused the crash had a seizure during vehicle operation three weeks before fatal collision. The truck driver was treated by an ambulance crew at the scene and the doctor who examined the driver cleared him to resume vehicle operation. However, in a later deposition, our Illinois truck accident attorneys learned that the doctor testified that he was not informed of the earlier seizure.

Although the case was set to go to trial this summer, an out-of-court settlement was reached and the family of the deceased truck driver was ultimately awarded $9 million in damages. Our Chicago truck accident lawyers learned that under rules regulated by the United States Department of Transportation, truckers suspected of a seizure are not allowed to resume an over-the-road truck driving job for up to 10 years. The article reveals that the defendant’s trucking company was obligated to take the driver off the road and due to their negligence; the accident victim succumbed to premature fatality.

Any Chicago truck accident lawyer will tell you that any time a truck driver or their trucking carrier deviates from the rules and regulations implemented by our state and federal government, the risks associated are almost always severe and life-altering. Large commercial vehicle drivers have a significant obligation to operate their vehicles with the utmost safety to avoid any type of collision that may result in property damage, personal injury, or even premature fatality. Additionally, trucking carriers have a substantial duty to ensure that their drivers safety operate their 80,000 pound vehicles on our nation’s roadways.

If you have been injured in an Illinois trucking accident or have lost a loved one at the hands of a negligent semi truck driver, please contact our Chicago truck accident lawyers to see what legal rights and relief may be available to you.

New FMCSA Rule to Create Medical Examiner Registry

Wed, 18 Apr 2012 17:53:02 -0600

TruckingInfo.com recently released a news report detailing a new rule that has been proposed by the Federal Motor Carrier Safety Administration that would require individuals who perform medical exams on large commercial vehicle drivers to be trained, tested, as well as, certified to a national standard – determined by the FMCSA. Our Chicago truck accident attorneys learned that the new rule would also create a national online registry of medical examiners who have met the Federal Motor Carrier Safety Administration’s certification requirement.

According to a statement released by the Department of Transportation’s Secretary, it was revealed that this new rule will ultimately ensure that healthcare professionals conducting exams keep in mind “all of the demands required to operate large trucks and passenger buses safely.” Additionally, the Federal Motor Carrier Safety Administration’s Administrator released a statement that addressed that “truck and bus drivers deserve to have well-trained examiners.” Also, by holding medical examiners accountable to increased standards of medical practice, the bar is ultimately raised for safety and saves lives through increased commercial driver and vehicle safety.

Our Chicago truck accident lawyers learned that the rule is schedule for the Federal Motor Carrier Safety Administration’s Federal Register. It has been reported that the process will unfold in stages. As part of the first stage, on May 21 the National Registry of medical examiners will become available on the Federal Motor Carrier Safety Administration’s website. Additionally, training and testing requirements those individuals conducting medical examinations will be revealed. The availability of the website will be provided to medical examiners, large commercial vehicle drivers, trucking employers, law enforcement officials, as well as, the public.

However, in two years (by May 21, 2014) the Federal Motor Carrier Safety Administration reports that medical examiners used by large commercial vehicle drivers will have to be certified, as well as registered. Additionally, large commercial vehicle drivers will be required to use a certified medical examiner from the registry. A Chicago truck accident lawyer at our firm learned that the Federal Motor Carrier Safety Administration revealed that any medical examiner who does not meet the required standards will be promptly removed from the registry.

Every Illinois truck accident attorney at Levin & Perconti is pleased to learn that the Federal Motor Carrier Safety Administration has taken on an initiative to help decrease the rate of large commercial vehicle accidents by requiring more advanced standards to truck drivers, as well as, medical examiners when conducting highly important exams that directly affect the safety of the traveling public.