I have represented parents, pedestrians, widows and widowers, children, seniors and even truck drivers who survived a tangle with another truck. On the way to this conference I passed the scene of two serious crashes, one involving a horrific fire. Sadly, truck accidents are not few and far between.

I have been around trucks my entire life and through obtaining my CDL and going to trucking conferences, I have learned so much more. I am amazed at the safety equipment on the new rigs. Improved mirrors, speed governors, dash cams, blind side monitoring, emergency braking and the list goes on. But are we any safer? With all the safety equipment comes more and more distraction. Cell phones and televisions in the cab, radios, video games and movies are just some of the ways that drivers (and certainly not just truck drivers) pass the time.

There are more trucks on the road than ever. Most truck drivers are professional and safe but the few that aren’t easily terrorize the roadway. What is your opinion? Do new advances and technologies make the roadways safer?

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In my memory, however, what sticks out in the history of Dodge City is the flood of 1965. Today, when you drive over the 2nd street bridge that spans the Arkansas River the river below is dry. It has been dry for decades. In June 1965, the river left its banks and flooded much of South Dodge. At its crest, the flood waters were 7 feet deep and left trash, mud, and destruction when the water receded. Total urban losses in Dodge City were estimated at nearly 3.8 million dollars, including damages to 615 residences and 155 businesses.

Dodge City has a great future. In that future, I would like to think that the Arkansas River can flow again.

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What about the joker tailgating you? My rule of thumb? I don’t worry about motorcycles (unless I’m on one too) but I get vigilant with cars and down right paranoid about trucks.

In truck driving school they taught us 1 second separation for every 10 feet of length over 40 miles an hour. At 65 miles an hour you are traveling over 90 feet per second so you’re talking 5, 6, 7 seconds of separation. 600-700 feet. That’s 2 full lengths of a football field that should separate a truck and the vehicle in front of them!

I thought, no way, nobody does that. Then we got in the trucks, got up to speed and practiced stopping. It got my attention. It takes a long distance to stop and you’re driving a steel battering ram. On one thing I was right though, a lot of trucks tailgate. I look for a way out especially in heavy traffic. What do you do?

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Several observations that fit in the “just my opinion” category and why I see increased truck traffic as a concern.

• Our infrastructure has not kept up with the truck traffic and the truck traffic tears up roads.
• Delivery now means to your neighborhood, so it’s not unusual to see trucks in and out of suburban streets.
• There is a lot of turnover of truck drivers, so many have little or no experience.
• Truck drivers are mostly paid by the mile or load, so they are in a hurry to get there and get home.

Here’s the bottom line. Watch for trucks. Most drivers are well-trained and careful and most accidents involving a truck are the fault of the other driver but it just takes one bad driver and one bad decision to leave a family dealing with a death or serious injury. My advice: Watch for trucks and give them a wide-berth.

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Not to worry. Back in the dark days we conducted business by something known as a conference call. You simply dialed into the conference number, announced your presence, muted your phone and finished your soap opera or ordered another drink or worked on another case. As long as one ear was paying attention to the call, and you were fast on the mute button, no one was the wiser. Decorum. Now we are on the screen. But I have noticed that my video has often misbehaved and I have had to inform the Court that I regrettably I can only participate by audio.

Zoom & Covid. I guess they are here to stay for a while.

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A recent news article covered this bill and pointed out some of the concerns. The article quoted a fellow Kansas attorney who explained that the bill lacks strong protections to keep Kansans safe. For example, it’s hard to ensure the safety of a driverless semi-truck traveling at 80 miles-per-hour down the interstate without proof of insurance to cover accidents or any oversight to ensure safety.

Another problem with SB 379 is the restriction on local ordinances that could require stronger protections and safety requirements than the minimums set by the bill. As the recent news article highlighted: “Under the Senate bill, cities and counties couldn’t enact ordinances to regulate or prohibit use of autonomous vehicles.” The conflicting requirements would only add confusion to the already troubling problems with trucking safety in Kansas. It is hard to imagine how Kansans would benefit from a bill that would allow a fully loaded semi-truck to hit a pedestrian vehicle and simply leave the scene of the accident because of the lack of a driver to stop and help or take responsibility. The bill’s major loopholes and concerns create serious safety concerns for Kansas drivers.

Read the full article:

https://www.kake.com/story/45790239/proposed-bill-would-allow-autonomous-vehicles-in-kansas

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In the K-5 division, the winner from Cary, North Carolina won the grand prize with the following digital submission:

The FMCSA shared additional winners on Twitter (https://twitter.com/FMCSA/status/1444429864845692936?s=20), which highlights just one program in the larger “Our Roads, Our Safety” partnership that seeks to raise safety awareness about the commercial truck and bus industries on a broad, public level.

A printable calendar with the 12 winning submissions for each month is available for free on the FMCSA’s website here (https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2021-09/2022%20FMCSA%20Road%20Safety%20Art%20Contest%20Calendar.pdf). It is great to see safety education reaching America’s schools!

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While small cars and individual EVs are a common feature on American roadways, Electric Semis and Related Long-Haul Trucks are new to the EV scene. The timing for production of Electric Semis has been unclear for several years. In fact, a recent new report revealed that Nikola motors staged and exaggerated several features on an allegedly functional Electric Semi prototype, which resulted in investor fraud charges against the former Nikola CEO.

It finally appears that production of Electronic Semis from Tesla Motors is immanent based on an exclusive and detailed report from Electrek. The report explained that Tesla’s Nevada plant is finalizing a production line for an Electric Semi Truck, the “Class 8 truck,” that will allegedly be capable of hauling full cargo loads for 500 miles on a single battery charge. Another news outlet reported on August 11, 2021 that Tesla is on the cusp of being able to produce five Electric Trucks per week, and those trucks will also include safety technology that Tesla already equips on passenger EVs. While the Class 8 trucks are electric, there is no safe-driving option, but Tesla does claim that the Class 8 is the “safest truck ever” due to “enhanced autopilot” programming to prevent crashes and rollovers.

While there is no precise production date for Electric Semi Trucks, the U.S. Department of Transportation has already updated trucking regulations and created training modules to promote public safety as Electric Semis and related Commercial Vehicles take to the road. In fact, the Federal Motor Carrier Safety Agency (“FMCSA”) created a training module covering regulations and inspection requirements for several types of commercial EVs, including Hybrid, Electric, Battery, and Fuel Cell trucks. Regulations are likely to be updated in the coming years, but the FMCSA anticipated and began a project in 2015 to investigate safety risks and inspection items unique to Electric and Non-Traditional commercial vehicles. The FMCSA remains dedicated to promoting public safety and ensuring effective enforcement and adaption of applicable regulations on all types of Semi Trucks and commercial vehicles—electric or not.

The bottom line is that trucking companies and drivers must comply with all regulations, regardless of whether the truck engine is powered by gasoline or electricity.

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These coordinated safety blitzes occur at different times throughout the year and in different states where a common federal interstate with heavy semi traffic runs through several states. The “SafeDRIVE” inspections started in 2014 when the first enforcement effort took place along a 900-mile stretch of I-95. During the first 2014 effort, 400 law enforcement personnel in 4 states joined to hold a 3-day inspection, which resulted in zero fatalities occurring on the parts of I-95 where the safety blitz was held. Since then, “SafeDRIVE” enforcement efforts have been held on a regular basis. The August 2021 effort will focus on ensuring truck drivers are following industry regulations, including hours of service compliance, commercial driver license compliance, medical certification, and commercial motor vehicle credentialing.

(https://cdllife.com/2021/three-day-semi-truck-safety-blitz-starts-today-in-more-than-a-dozen-states/?amp)

State agencies participating in the inspections have posted pictures and videos of safety inspections that are part of the safety blitz. For example, short videos of inspections and collections of pictures have been posted by the South Carolina State Transport Police on Twitter:

Pictures of inspection:

Photos from #safeDRIVE Our officers are continuing to work to remove reckless drivers from our interstates in South Carolina. Commercial Drivers, perform your pre-trips correctly and know the laws on acceptable weight on the highways. #targetzero pic.twitter.com/CVok0wzRnk

— Corporal A.S May (@STP_CRO) August 5, 2021

Video:

Check out some of the violations being found this week during #safeDRIVE #targetzero. See more violations @ https://t.co/X6rJdXFBUL pic.twitter.com/7g80AXFGtu

— Corporal A.S May (@STP_CRO) August 4, 2021

These types of focused inspection efforts are vital to ensuring compliance with the demanding safety requirements under state and federal laws for drivers of semi trucks and other regulated commercial vehicles.

If you, a friend or a loved one has been injured in a truck or auto accident, contact our law firm today. We offer a no-cost consultation and review. 620.227.8126.

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The Drug and Alcohol Clearinghouse is an online database that provides employers and government agencies with real-time access to information about CDL driver drug and alcohol program violations. Specifically, “the Clearinghouse contains records of violations of drug and alcohol prohibitions in 49 CFR Part 382, Subpart B, including positive drug or alcohol test results and test refusals. When a driver completes the return-to-duty (RTD) process and follow-up testing plan, this information is also recorded in the Clearinghouse.” The main database is located at the following website: https://clearinghouse.fmcsa.dot.gov/.

While not all employers utilize the database to screen for safety concerns, several companies and government agencies rely on the system to monitor driver records. The Biden administration’s recent regulatory agenda indicates that revisions to the Drug and Alcohol Clearinghouse will be an issue to address in 2021. The agenda notes provide the following information and details about the proposed revisions: “based on experience in administering the Drug and Alcohol Clearinghouse (DAC) requirements, FMCSA is proposing changes to streamline and improve error-correction procedures, queries, and consent requirements.” Updated information about this proposed change and status are available online through the website for the Office of Information and Regulatory Affairs: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202104&RIN=2126-AC43

Accurate, updated information is essential to improve public safety and provide available information about truck drivers to employers and government agencies. As the Drug and Alcohol Clearinghouse states on its website, meeting the requirements in the Clearinghouse rule helps “keep our Nation’s roadways safer for all drivers.” Indeed, it is our firm’s experience that there is a great need to ensure that unsafe drivers are kept off the road to avoid serious injuries and death.

If you or a loved one has been injured in an accident, contact our firm today for more information. 620.227.8126

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