Driver Fitness and Safety: Ensuring Health, Training, and Compliance to Prevent Accidents


In the transportation sector, safety is paramount, and expert trucking companies know that maintaining driver fitness and safety is crucial. Whether you’re operating a commercial vehicle, driving for a ride-sharing service, or simply commuting to work, a fit and well-trained driver can significantly reduce the risk of accidents, protect passengers, and ensure compliance with regulations. This article will discuss the importance of driver health, training, and fitness in preventing accidents, with a focus on regulatory compliance and best practices that expert trucking professionals prioritize.


The Critical Role of Driver Health

Physical Health

Driver health is a crucial factor in maintaining road safety. For commercial drivers, long hours on the road, irregular sleep patterns, and unhealthy eating habits can lead to various health issues, such as obesity, sleep apnea, and cardiovascular diseases. These conditions can impair reaction times, reduce alertness, and increase the likelihood of accidents.


To mitigate these risks, it’s essential for drivers to prioritize their physical health. Regular exercise, a balanced diet, and adequate rest are fundamental to staying fit for the road. Additionally, regular medical check-ups can help identify and address health issues before they become severe.


Mental Health

Mental health is equally important, especially in high-stress professions like trucking. Stress, anxiety, and depression can severely impact a driver’s concentration and decision-making abilities, which is something an expert trucking witness can attest to in accident cases. Ensuring drivers have access to mental health resources and support is vital for their well-being and overall safety on the road. Employers should encourage open communication and provide avenues for drivers to seek help if they are struggling with mental health issues, as this proactive approach can prevent accidents and improve safety outcomes.


Substance Abuse

Substance abuse, including the use of alcohol, drugs, and even some prescription medications, can impair driving abilities. Drivers should be educated on the dangers of substance abuse and should undergo regular screenings to ensure they are fit to drive. Zero-tolerance policies for substance abuse are crucial in maintaining a safe driving environment.


The Importance of Driver Training

Comprehensive Training Programs

Driver training is another critical component of ensuring safety on the road. Comprehensive training programs should cover not only the technical aspects of driving but also defensive driving techniques, emergency response, and vehicle maintenance.


For commercial drivers, specialized training is often required. This includes training on how to handle large vehicles, manage cargo, and adhere to industry-specific regulations. Refresher courses should also be offered regularly to keep drivers up-to-date with the latest safety protocols and best practices.


Defensive Driving

Defensive driving is a key skill that all drivers should master. It involves being aware of potential hazards, anticipating other drivers’ actions, and taking proactive steps to avoid accidents. Defensive driving courses can equip drivers with the knowledge and techniques needed to navigate safely in various traffic conditions.


Emergency Response Training

Accidents can happen despite the best precautions. Therefore, drivers should be trained in emergency response procedures, including how to handle vehicle breakdowns, what to do in the event of a collision, and how to provide first aid if necessary. This training can make a significant difference in reducing the severity of accidents and ensuring the safety of all parties involved.


Regulatory Compliance and Safety Standards




Federal and State Regulations

Regulatory compliance is essential for maintaining safety standards, particularly in the commercial driving industry. In the United States, the Federal Motor Carrier Safety Administration (FMCSA) sets strict guidelines for commercial drivers, including medical examinations, hours of service, and drug and alcohol testing. Adhering to these regulations is not only a legal requirement but also a critical component of ensuring driver fitness and safety.


For non-commercial drivers, state-specific regulations may apply. These can include requirements for vision tests, periodic renewals of driver’s licenses, and restrictions on driving for individuals with certain medical conditions. Staying informed about and compliant with these regulations is crucial for safe driving.


Hours of Service (HOS) Regulations

One of the most important regulations for commercial drivers is the Hours of Service (HOS) rule. This regulation limits the number of hours a driver can operate a vehicle without taking a break, aiming to prevent fatigue-related accidents. Fatigue is a leading cause of accidents, and adhering to HOS regulations helps ensure that drivers are well-rested and alert while on the road.


Vehicle Maintenance and Inspections

Regular vehicle maintenance and inspections are also part of regulatory compliance. A well-maintained vehicle is less likely to experience mechanical failures that can lead to accidents. Drivers should be trained to conduct pre-trip and post-trip inspections, ensuring that their vehicles are in safe operating condition before hitting the road.


Best Practices for Driver Fitness and Safety

Encouraging a Culture of Safety

Creating a culture of safety within an organization or community is one of the most effective ways to promote driver fitness and safety. This includes setting clear expectations for driver behavior, providing ongoing education and training, and recognizing and rewarding safe driving practices.


Promoting Health and Wellness Programs

Employers and organizations should promote health and wellness programs that support drivers in maintaining their physical and mental health. These programs can include fitness challenges, healthy eating initiatives, and access to counseling services. Encouraging drivers to take care of their health not only improves their quality of life but also enhances road safety.


Utilizing Technology

Technology can play a significant role in enhancing driver safety. Tools such as GPS navigation, collision avoidance systems, and telematics can help drivers stay on course and avoid accidents. Additionally, technology can be used to monitor driver behavior, such as speeding or harsh braking, and provide feedback to encourage safer driving habits.


Conclusion

Driver fitness and safety are critical components of preventing accidents and ensuring a safe driving environment for everyone on the road. By prioritizing driver health, providing comprehensive training, and adhering to regulatory compliance, we can significantly reduce the risks associated with driving. Whether you’re a commercial driver, an employer, or a regular commuter, adopting best practices in driver fitness and safety is essential for protecting lives and promoting a safer transportation system.

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Preventing Distracted and Fatigued Driving: Strategies to Combat Two Leading Causes of Trucking Accidents

In the trucking industry, safety is of paramount importance, and expert trucking practices are essential to maintaining high standards on the road. With long hours behind the wheel and the pressure to meet tight delivery schedules, truck drivers face numerous challenges that can compromise their ability to drive safely. Two of the most significant threats to trucking safety are distracted driving and driver fatigue.

These issues are not only leading causes of trucking accidents but also result in severe consequences, including injuries, fatalities, and substantial financial losses. By adhering to expert trucking safety protocols, companies can mitigate these risks and protect both their drivers and the public.

This article will explore strategies and insights to combat distracted and fatigued driving, offering practical solutions to keep truck drivers safe and reduce the risk of accidents on the road.

Understanding the Impact of Distracted and Fatigued Driving

The Dangers of Distracted Driving

Distracted driving is any activity that diverts a driver’s attention away from the primary task of driving. For truck drivers, distractions can be especially dangerous due to the size and weight of the vehicles they operate. Common distractions include:
Using a mobile phone: Texting, making calls, or browsing the internet while driving diverts attention from the road and increases the likelihood of accidents.
Eating and drinking: Consuming food or beverages while driving can take one hand off the wheel and reduce reaction times.
Adjusting in-cab devices: Changing the radio station, adjusting the GPS, or controlling climate settings can momentarily divert attention from driving.
Daydreaming: Mental distractions, such as letting the mind wander or focusing on personal issues, can be just as dangerous as physical distractions.
According to the Federal Motor Carrier Safety Administration (FMCSA), distracted driving is a leading cause of accidents involving large trucks. Given the sheer size and mass of these vehicles, even a brief moment of distraction can lead to devastating consequences. A trucking expert witness often highlights how critical it is for drivers to maintain focus on the road, as their level of attentiveness can be the difference between a safe journey and a catastrophic accident.


The Risks of Fatigued Driving

Driver fatigue is another major concern in the trucking industry. Fatigue can impair a driver’s reaction times, decision-making abilities, and overall alertness. Factors contributing to fatigue include:
Long driving hours: Extended periods behind the wheel without sufficient rest can lead to exhaustion.
Irregular sleep patterns: Many truck drivers work odd hours, leading to disrupted sleep schedules and inadequate rest.
Monotonous driving: Long stretches of highway driving with little variation can cause drivers to become drowsy.
Health issues: Conditions such as sleep apnea can exacerbate fatigue, making it harder for drivers to stay alert.
Fatigued driving is often compared to drunk driving due to its similar effects on a driver’s performance. The FMCSA estimates that fatigue is a factor in approximately 13% of all large truck crashes.


Strategies to Combat Distracted Driving



Implementing Strict No-Phone Policies

One of the most effective ways to reduce distracted driving is to implement strict no-phone policies. Trucking companies should enforce rules prohibiting the use of mobile phones while driving. This includes texting, calling, and browsing the internet. Hands-free devices, while safer, should also be used sparingly, as they can still divert attention.


Drivers should be encouraged to pull over in a safe location if they need to use their phone for any reason. Additionally, companies can install technology that blocks mobile phone use while the vehicle is in motion.


Encouraging Focused Driving Habits

Drivers should be trained to develop focused driving habits. This includes keeping both hands on the wheel, scanning the road ahead, and minimizing in-cab distractions. Trucking companies can provide training programs that emphasize the importance of staying focused and avoiding distractions.
Regular reminders, such as posters in break rooms or messages through in-cab communication systems, can reinforce the message and keep drivers aware of the risks associated with distracted driving.


Utilizing Technology to Monitor and Prevent Distractions

Modern technology offers solutions to help monitor and prevent distracted driving. For example, telematics systems can track driver behavior, such as sudden braking or erratic steering, which may indicate distraction. Dashcams can also provide real-time footage of the driver’s actions, allowing for intervention if necessary.


In-cab alert systems can be installed to warn drivers if they are veering out of their lane or following too closely, helping to prevent accidents caused by distractions.


Strategies to Combat Fatigued Driving

Adhering to Hours of Service Regulations

The FMCSA has established Hours of Service (HOS) regulations to prevent driver fatigue. These rules limit the number of hours a driver can be on duty and dictate mandatory rest periods. Adhering to these regulations is crucial for reducing fatigue-related accidents.


Trucking companies should enforce HOS compliance and ensure that drivers are taking the required breaks and getting sufficient rest. Electronic logging devices (ELDs) can help monitor driving hours and ensure that drivers are not exceeding legal limits.


Promoting Healthy Sleep Habits

Encouraging healthy sleep habits is essential for preventing fatigue. Truck drivers should be educated on the importance of getting enough sleep and maintaining a consistent sleep schedule, even when on the road.


Companies can provide resources, such as sleep education programs, to help drivers understand the importance of quality sleep. Providing comfortable rest areas and encouraging naps during breaks can also help drivers stay alert and reduce the risk of fatigue.


Implementing Fatigue Detection Technology

Fatigue detection technology can play a crucial role in preventing accidents. Advanced systems can monitor a driver’s behavior, such as blinking patterns or steering input, to detect signs of drowsiness. If fatigue is detected, the system can alert the driver or recommend taking a break.


In-cab alarms or seat vibrations can be used to wake up drowsy drivers, potentially preventing accidents caused by falling asleep at the wheel.


Promoting a Safety-First Culture

Ultimately, preventing distracted and fatigued driving requires a safety-first culture within the trucking industry. This means prioritizing safety over speed and delivery deadlines. Trucking companies should foster an environment where drivers feel supported in taking breaks, adhering to regulations, and focusing on their well-being.


Regular safety meetings, ongoing training, and open communication channels can help reinforce the importance of driver safety. Recognizing and rewarding drivers who consistently demonstrate safe driving practices can further encourage a culture of safety.


Conclusion

Distracted and fatigued driving are two of the leading causes of trucking accidents, but they are preventable. By implementing strict policies, utilizing technology, and promoting healthy habits, the trucking industry can significantly reduce the risks associated with these dangerous behaviors. Safety should always come first, and by prioritizing driver fitness and attentiveness, we can create safer roads for everyone.

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New report from NTSB reveals what led to 2023 I-95 collapse in Philadelphia

A year after a deadly truck crash and fire caused a section of I-95 in Philadelphia to collapse, federal authorities are releasing more information about what may have caused the explosion.

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Understanding CMV Crash Dynamics: Analyzing the Complexities of Commercial Motor Vehicle Crashes

Commercial Motor Vehicle (CMV) crashes are complex events that require a thorough understanding of various factors contributing to their occurrence. From (but not limited to) driver fitness; driver attentiveness; hours-of-service (fatigue driving); road conditions (weather); CMV conditions (mechanical failure); articles of cargo securement; pre-trip inspections and, driver being adequately or inadequately qualified. In addition, a multitude of additional elements can influence the dynamics of CMV crashes such as other driver actions and/or inactions, overall Motor Carrier fitness, etc. The following article delves into some of the intricacies of CMV crash dynamics, exploring common causes and the methodologies used by trucking expert witness to analyze these events.

The Anatomy of CMV Crashes
CMV crashes encompass a wide range of scenarios, each with its unique set of circumstances. However, several common causes contribute to the majority of these incidents:

Driver Error: Human factors play a significant role in CMV crashes, with driver error and/or inattention being a leading cause. Factors such as fatigue, distraction, driving too fast for conditions, impairment, and aggressive driving behaviors can impair a driver’s ability to safely operate a Commercial Motor Vehicle.

Vehicle Malfunctions: Mechanical failures, including foundation air-brake system malfunctions, tire/retread blowouts, CMV lighting, and engine failure can result in CMV crashes. Regular maintenance and inspections are essential for preventing mechanical failure related crashes.

External Factors: Road conditions, other drivers, outside distractions, and environmental hazards can significantly impact CMV crash dynamics and causation. Poor visibility, slippery roads, traffic, construction zones, and uneven surfaces pose challenges for drivers, increasing the risk of accidents.

Cargo Distribution/Securement: Improper loading or securement of articles of cargo can lead to shifts in weight distribution, affecting the stability, handling and braking of CMVs (FMCSR: “Proper Distribution and Adequate Securement”), thus causing CMV instability regarding articles of cargo shifting while traversing the public roadways. Cargo-related crashes often result from overloading, uneven weight distribution, or inadequate securement of articles of cargo.

Analyzing CMV Crash Dynamics
To understand the complexities of CMV crashes, trucking experts employ a systematic and regulatory approach to analyze CMV crashes, all crashes being analyzed by in-house Truck Accident & Incident Expert (TAIE), FMCSA/MCSAP/NASI Roadside Enforcement Trained Inspectors:

Scene/Site Examination: When necessary, TAIE will begin by examining the crash scene to gather evidence and assess the potential factors contributing to the crash. This includes documenting road conditions, photo documenting, drone when necessary, skid marks, gouge marks, vehicle positions, and any other relevant details.

Data Collection: Retrieving data from onboard recording devices, such as electronic logging devices (ELDs) and event data recorders (EDRs), provides valuable insights into vehicle speed, braking, acceleration, and driver behavior leading up to the crash.

Driver Interviews: When possible, interviewing drivers involved in CMV crashes allows TAIE Inspectors to gain firsthand accounts of the events leading up to the incident. This helps identify potential factors such as fatigue, distraction, or impairment.

Vehicle Inspection: A comprehensive CVSA/NASI Level 1 Post Crash Inspection by TAIE Inspectors regarding the involved CMV is conducted to identify any mechanical defects or maintenance issues that may or may not have contributed to the subject crash. This includes examining brake systems, tires, steering components, and other critical components.

Reconstruction Analysis: Utilizing specialized software and techniques, specialist crash reconstruction experts recreate the sequence of events leading to the collision. This involves analyzing vehicle dynamics, impact angles, crush damage, and kinetic energy to determine the cause and contributing factors of the crash.

Regulatory Compliance Review: TAIE Investigators also carefully review Discovery when available to determine compliance with federal (Interstate) and state (Intrastate) regulations governing CMV operations, including driver hours-of-service requirements, Driver Q-Files, deposition (EBT) transcripts, vehicle maintenance records, and cargo securement standards.

Preventative Measures and Safety Strategies
Understanding the complexities of CMV crash dynamics is crucial for implementing effective preventative measures and safety strategies. Some key initiatives include:

Driver Training and Education: Providing effective and regular training programs for CMV drivers on safe driving practices, defensive driving techniques, and awareness of potential hazards can help reduce the risk of crashes. Refreshing on the AAMVA CDL Manual is a significant method of reminding professional CMV drivers of their duties in terms of the FMCSR and the rules of the road.

Technological Advancements: Advancements in vehicle safety technologies, such as collision avoidance systems, lane departure warnings, and electronic stability control, can enhance CMV safety by mitigating the impact of human error and vehicle malfunctions.

Regulatory Compliance Enforcement: Strict enforcement of regulations governing CMV operations, including driver hours-of-service limits, vehicle maintenance standards, and cargo securement requirements, helps ensure compliance and prevent crashes.

Infrastructure Improvements: Investing in infrastructure enhancements, such as road maintenance, signage improvements, and traffic management systems, can address environmental factors that contribute to CMV crashes and improve overall road safety.

Conclusion
CMV crashes are multifaceted events influenced by a combination of factors ranging from driver behavior to external conditions and vehicle-related issues. By gaining a deeper understanding of CMV crash dynamics and employing rigorous analysis techniques, CMV/Regulatory experts such as TAIE trucking experts can identify root causes and develop effective strategies to prevent future incidents. Through a comprehensive approach encompassing driver training, technological advancements, regulatory compliance, and infrastructure improvements, stakeholders can work together to enhance CMV safety and minimize the number and impact of crashes on roadways.

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The Evolution of Trucking Safety Regulations: An Overview of Key Safety Regulations and Their Impact on Road Safety




The trucking industry plays a crucial role in the global economy, transporting goods across vast distances and contributing to the efficiency of countless supply chains, if it’s in a store, a truck brought it there. However, with its expansive reach comes significant responsibility, particularly regarding safety on the roads. Over the years, safety regulations (FMCSR)  have evolved to address emerging challenges and improve overall road safety. In this article, truck accident experts explore key safety regulations in the industry, recent updates, and their impact on road safety.


Key Safety Regulations

Hours of Service (HOS) Regulations

One of the cornerstone safety regulations in the trucking industry is the Hours of Service (HOS) rule, which governs the amount of time truck drivers can spend on the road and their required rest periods. Initially established by the Federal Motor Carrier Safety Administration (FMCSA) in the 1930s, the HOS regulations have undergone several updates to address fatigue-related accidents.


In 2020, the FMCSA revised the HOS rules to provide more flexibility for drivers. The new regulations include changes such as extending the short-haul exemption and allowing more flexibility in their 30-minute break requirement. These updates aim to balance safety with operational efficiency, providing drivers with more control over their schedules while maintaining safe driving practices.
By regulating driving hours and rest periods, HOS regulations help reduce the risk of accidents caused by driver fatigue. The updates enhance driver flexibility while ensuring that fatigue remains a critical consideration in planning work schedules.


Electronic Logging Devices (ELDs)

The Electronic Logging Device (ELD) mandate, implemented in December 2017, requires commercial motor vehicles to use approved electronic devices to record driving hours. ELDs replace traditional paper logs, providing a more accurate and tamper-resistant method for tracking compliance with HOS regulations.


Since its implementation, the ELD rule has seen ongoing adjustments to address industry feedback. For example, the FMCSA has issued guidance on ELD malfunctions and exemptions for specific vehicles. These updates ensure that ELDs remain effective tools for monitoring compliance and improving safety.
ELDs improve accuracy in recording driving hours, reducing the likelihood of falsified logs and promoting adherence to HOS regulations. The enhanced monitoring capabilities also facilitate better enforcement of safety rules while supporting accident investigations.


Vehicle Inspection and Maintenance

Routine vehicle inspection and maintenance are critical components of trucking safety regulations. The FMCSA requires expert trucking companies to perform regular inspections, repairs, and maintenance to ensure that vehicles are in safe operating condition. This includes pre-trip inspections, annual inspections, periodic inspections and addressing any identified issues promptly.


Recent regulatory changes have focused on enhancing inspection protocols and increasing penalties for non-compliance. For example, the FMCSA has introduced more stringent requirements for brake system inspections and added provisions for addressing critical vehicle defects.


Regular vehicle inspections and maintenance help prevent mechanical failures that could lead to accidents. By enforcing stricter inspection requirements and penalties, regulators aim to ensure that trucks on the road are always in optimal condition, reducing the risk of breakdowns and accidents.


Safety Equipment Requirements

Safety equipment requirements for commercial vehicles include regulations on items such as anti-lock braking systems (ABS), electronic stability control (ESC), and advanced driver assistance systems (ADAS). These technologies are designed to enhance vehicle stability, control, and collision avoidance.
Recent regulations have expanded the requirements for safety equipment, including mandates for new technologies and improvements to existing systems. For instance, regulations now require ABS on all new commercial vehicles and encourage the adoption of ESC and ADAS technologies.


The incorporation of advanced safety technologies helps improve vehicle handling and reduces the likelihood of accidents caused by skidding, loss of control, or collisions. These regulations contribute to safer driving conditions and better protection for both truck drivers and other road users.


Drug and Alcohol Testing

Drug and alcohol testing regulations are crucial for the intention to ensure that truck drivers never operate their vehicles under the influence of substances. The FMCSA enforces strict testing requirements, including pre-employment, random, post-accident, and reasonable suspicion tests.
Recent updates to drug and alcohol testing regulations have included expanded testing procedures and increased emphasis on addressing substance abuse issues. For example, the FMCSA has implemented new guidelines for testing for synthetic opioids and other emerging substances.


Drug and alcohol testing regulations help ensure that drivers are not impaired while operating their CMVs, reducing the risk of accidents caused by substance abuse. By enhancing testing procedures and addressing emerging substance issues, regulators aim to maintain high safety standards in the industry.


Conclusion

The evolution of trucking safety regulations reflects the ongoing efforts to address safety challenges and improve road safety. Key regulations such as Hours of Service, Electronic Logging Devices, vehicle inspection and maintenance, safety equipment requirements, and drug and alcohol testing play a vital role in safeguarding both truck drivers and other road users.


Recent updates to these regulations aim to balance safety with operational efficiency, incorporating new technologies and addressing emerging issues. By understanding and adhering to these regulations, trucking experts and drivers can contribute to a safer and more efficient transportation industry. As regulations continue to evolve, ongoing vigilance and compliance will be essential in maintaining high standards of safety on the roads.

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Exploring the Consequences of Load Securement Failures in the Trucking Industry


Load securement is a critical component of the trucking industry, integral to ensuring both safety on the road and the protection of goods during transport. Properly securing loads not only prevents damage to cargo but also significantly reduces the risk of accidents and injuries. In this article, trucking experts highlight the consequences of load securement failures and discuss effective preventive measures to maintain safety and efficiency in trucking operations.

The Consequences

Road Safety Risks

One of the most significant risks associated with inadequate load securement is the potential for accidents. Unsecured or improperly secured loads can shift during transit, leading to vehicle instability. This instability increases the likelihood of rollovers, jackknifing, and loss of control. According to truck accident experts and the Federal Motor Carrier Safety Administration (FMCSA), improper load securement is a significant cause of truck accidents, contributing to thousands of crashes annually and loading dock injuries due to cascading articles of cargo when the semi-trailer doors are opened at a loading dock by the driver and/or dock workers.



Damage to Articles of Cargo

Load securement failures can result in significant damage to the cargo being transported. When articles of cargo shift or fall, they can become damaged or destroyed, leading to financial losses for both the trucking company and the customer. For instance, fragile items like electronics or glass are particularly vulnerable to damage if not properly secured. Additionally, when Haz-Mats are improperly secured as required in the PHMSA-HMR regulations, this can lead to injury of unsuspecting persons as a result of vapor release, chemical burns, asphyxiation and poisoning.


Financial and Legal Repercussions

The financial implications of load securement failures extend beyond the costs of damaged cargo as well. Trucking companies may face hefty fines for violating load securement regulations. Additionally, companies can be held liable for damages resulting from load securement failures, leading to costly legal battles and settlements. The reputational damage from such incidents can also impact a company’s ability to attract and retain clients.


Environmental Impact

Improperly secured articles of Haz-Mat cargo such as drums, totes, cargo-tanks, etc. can also pose environmental risks. Released Haz-Mats can create hazardous conditions on the road and loading docks, potentially leading to environmental contamination. For instance, spills of chemicals or fuels can result in soil and water pollution, requiring expensive cleanup operations and potentially causing long-term environmental damage, thereby costly litigation.


Preventive Measures

Understanding Regulations and Standards

Trucking companies and drivers must familiarize themselves with load securement regulations and standards set by governing bodies like the FMCSA and the Department of Transportation (DOT). These regulations provide guidelines on the appropriate methods and equipment for securing different types of cargo. Adherence to these standards is crucial for ensuring compliance and minimizing risks.


Using Appropriate Securement Equipment

The selection and use of proper and effective securement devices are vital for effective load securement. This includes tie-downs, straps, chains, and cargo nets, load-bars, each of which must be suitable for the specific type and weight of the cargo being transported and be authorized in terms of working load limit (WLL). Regular inspection and maintenance of securement equipment are essential to ensure effectiveness and safety, and such inspections both pre-trip and enroute are critical.

Proper Loading Techniques

Correct loading techniques are fundamental to securement. Cargo should be evenly distributed across the truck’s floor to maintain balance and stability, and all articles of cargo must be secured against movement in all directions due to relative movement. Utilizing load bars, bulkheads, and partitions can help in stabilizing the load and preventing shifts during transit.
The FMCSR requires that the CMV driver, therefore the Motor Carrier ensure the articles of cargo are both “properly distributed” and “adequately secured”.


Regular Training and Education

Ongoing training and education for drivers and loaders are crucial for maintaining high standards of load securement. Training programs should cover the latest regulations, techniques, and best practices for securing various types of cargo. Regular refresher courses can help reinforce proper techniques and keep staff updated on new developments in load securement. While this is very important for all articles of cargo movements, it is critically important for flatbed type movements.


Conducting Pre-Trip Inspections

Before setting out on a journey, drivers should perform thorough pre-trip inspections to ensure that the load is properly secured. This includes checking all equipment for wear and tear and verifying that the entire load is correctly positioned and stable, thereby “properly distributed” and “adequately secured”. A final inspection before departure can prevent potential issues and ensure a safe journey.


Implementing Load Securement Policies

Trucking companies (Motor Carriers) should establish comprehensive load securement policies and procedures to guide their operations. These policies should include protocols for securing different types of cargo, regular inspections, and compliance with regulatory requirements. Documenting and enforcing these policies helps ensure consistency and accountability in load securement practices.


Conclusion

The importance of proper load securement in the trucking industry cannot be overstated. From ensuring road safety and protecting cargo to avoiding financial and legal consequences, effective load securement is necessary for the smooth operation of trucking businesses. By understanding regulations, using appropriate equipment, applying proper loading techniques, and investing in regular training, companies can significantly reduce the risks associated with load securement failures. Implementing these preventive measures not only enhances safety but also contributes to a more efficient and reliable transportation process, benefiting all stakeholders involved, up to and including the motoring public.
By maintaining discipline in load securement practices, trucking companies can safeguard their operations, protect their cargo, and contribute to a safer and more sustainable industry.

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Jury awards $13M and $4M in high-speed rearender

A Robeson County jury has awarded a $13 million verdict to the family of a man who was killed by a tractor-trailer driver who plowed into the back of his pickup truck at full speed in a 2015 crash. The jury also awarded $4 million to another victim who was severely injured in the wreck.

Wade E. Byrd
Wade E. Byrd

Fayetteville attorney Wade Byrd reports that John Bonnabel, the deceased, was a mechanic who was driving behind a malfunctioning bobtail trailer as it limped back to the repair shop. Byrd said that both Bonnabel and Keith Pate, who was driving the bobtail, were traveling between 20 and 30 mph with their flashers on down a flat, straight stretch of I-74, in clear weather, with over a mile of visibility.

An 18-wheeler coming up behind them failed to slow down or take any evasive action before it rammed into the back of Bonnabel’s truck at a speed of about 69 mph. The truck was launched from the highway and rolled several times down an embankment into a tree, killing Bonnabel immediately. The tractor-trailer continued on, slamming into the back of the bobtail. Pate suffered a permanent brain injury as a result of the collision.

A three-part trial began on April 16 with a liability phase. After the jury found on
May 2 that the defendant driver and his company were liable for the wreck, separate damages trials were held, first for Bonnabel and then for Pate. Byrd said that for each phase of the trial, the jury was out for only about 30 minutes before returning with its verdict. He added that the damages phases were split because he didn’t feel that it would be fair to either client to combine them.

Bonnabel, a 64-year-old grandfather from Raeford, is survived by his wife and three adult children.
“The family was just a wonderful, very close-knit, family, and so when I presented the argument to the jury I divided it among the heirs and said, here’s what each heir is entitled to recover, and it seemed like a reasonable verdict to me,” Byrd said.

Steve Coles and Erin Young of Hall Booth Smith in Charlotte represented the defendants. Coles did respond to a request for comment on the verdicts.

Byrd said that the discovery phase of the litigation did not make clear why the driver failed to slow down or take any evasive action before the crash.

“It was pretty inexplicable. That’s a quote from the safety director of the defendant company, actually. I asked him, how did this happen, and he said it’s inexplicable,” Byrd said. “What you have to assume is the guy just went to sleep.”

The driver of the tractor-trailer died a few months after the crash. Byrd said that the cause of death was cirrhosis of the liver.

Follow David Donovan on Twitter@NCLWDonovan

VERDICT REPORT – WRONGFUL DEATH

Amounts: $13 million

Injuries alleged: Death

Case name: Emily Bonnabel Windm1’ller, Administratrix of the Estate of John Van Bonnabel v. Harry B. Crow, Jr, Public Administrator of the Estate of Wilbert Lemar Tillman, and Darling Ingredients, Inc., D/8/A Dar Pro Solutions

Court: Robeson County Superior Court

Case number: 16 CVS 01929

Judge: Beecher Gray

Date of verdict: May 4

Most helpful experts: J.C. Poindexter of Roanoke, Virginia (economist), Scott Turner (commercial motor vehicle and regulatory expert) and Steve Farlow and Johnnie Hennings of Raleigh (accident reconstruction)

Insurers: Liberty Mutual, National Fire and Marine Insurance Co., and National Union Fire Insurance Co.

Attorneys for plaintiff: Wade Byrd of Fayetteville and Brett Tishler of White and Williams in Philadelphia, Pennsylvania.

Attorneys for defendants: Steve Coles and Erin Young of Hall, Booth, Smith in Charlotte
VERDICT REPORT – PERSONAL INJURY

Amounts: $4 million

Injuries alleged: Permanent injury, traumatic brain injury, PTSD, decreased earning capacity and substantial medical expenses

Case name: Keith Haywood Pate v. Harry B. Crow, Jr, Public Administrator of the Estate of Wilbert Lemar Tillman and Darling Ingredients, Inc., D/8/A Dar Pro Solutions

Court: Robeson County Superior Court

Case number: 16 CV 01811

Judge: Beecher Gray

Date of verdict: May 9

Most helpful experts: William Ameen of Jamestown (physician), J.C. Poindexter of Roanoke, Virginia (economist), Claudia Coleman of Raleigh (neuropsychologist), Scott Turner (commercial motor vehicle and regulatory expert) and Steve Farlow and Johnnie Hennings of Raleigh (accident reconstruction)

Insurers: Liberty Mutual, National Fire and Marine Insurance Co., and National Union Fire Insurance Co.

Attorneys for plaintiff: Wade Byrd of Fayetteville and Brett Tishler of White and Williams in Philadelphia, Pennsylvania.

Attorneys for defendants: Steve Coles and Erin Young of Hall Booth Smith in Charlotte


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Bus & Truck Crash Expert – Interviews

Scott L. Turner is a trucking expert who has been called upon as an expert witness in numerous truck crash cases. His many years of industry experience have given him unique insight into trucking accidents, as well as other types of incidents such as bus crashes.

As a bus and truck crash expert, Turner was interviewed by a TV news station, and asked to weigh in on a case where a distracted bus driver caused the death of an infant in West New York, N.J. Watch the video below for his expert analysis of this tragic case. He cites various violations, such as cell phone use and safety violations of both the driver and the bus company, as contributing factors to this crash.

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