Wisconsin Truck Accident Law

New Hours of Service Rules Don't Prevent Fatigue

Randy Rozek — Sun, 08 Jan 2012 08:16:57 -0600

The Federal Motor Carriers Safety Administration has announced new changes to the hours of service rules for interstate drivers. Many have expressed their concern that the new rules do little to combat fatigue, which has become a major public safety hazard for all highway users.

The new rule changes are summarized below:

New Hours of Service
PROVISION	CURRENT RULE	FINAL RULE – COMPLIANCE DATE JULY 1, 2013
Limitations on minimum "34-hour restarts"	None	(1) Must include two periods between 1 a.m.- 5 a.m. home terminal time. (2) May only be used once per week.
Rest breaks	None except as limited by other rule provisions	May drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed]
PROVISION	CURRENT RULE	FINAL RULE – COMPLIANCE DATE FEBRUARY 27, 2012
On-duty time	Includes any time in CMV except sleeper-berth.	Does not include any time resting in a parked CMV. In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth. Also applies to passenger-carrying drivers.
Penalties	"Egregious" hours of service violations not specifically defined.	Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers.
Oilfield	"Waiting time" for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping.	"Waiting time" for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in "remarks" or a separate line added to "grid."

While Department of Transportation Secretary Ray LaHood noted that "Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," he went on to say the following "This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely." Unfortunately, the new rules don't go far enough to address the fatigue issue.

It is estimated that over 500 deaths occur annually as a result of fatigued truck drivers. While the hours of service changes do shorten the work week from 82 hours/week to 70 hours/week and the new rules add a 30-minute rest break after 8 hours of driving, this does little to truly combat fatigued driving. The biggest problem that need addressing was the 11 hour driving time per day. The 11 hour rule became effective under the Bush administration in 2003. Prior to that change, truck drivers had been limited to 10 hour driving days. The 10 hour day had been in effect for nearly 70 years. Interestingly, the FMCSA has admitted that "performance begins to degrade after the 8th hour on duty and increases geometrically during the 10th and 11th hours."

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Contact an Experienced Milwaukee Truck Accident Attorney

NTSB Calls for Cell Phone Use Ban on Truck Drivers

Randy Rozek — Sun, 18 Sep 2011 09:35:01 -0600

On September 13, 2011, the National Traffic Safety Board (NTSB) issued a new safety recommendation to the Federal Motor Carriers Safety Administration banning the use of cell phones for interstate motor carriers. The recommendation is as follows:

Prohibit the use of both handheld and hands-free cellular telephones by all commercial driver's license holders while driving in commercial operations, except in emergencies.

The recommendation came about in part as the NTSB investigated a terrible semi-truck crash in which the truck driver had made 69 calls or text messages in the 24 hours leading up to the collision. The driver had also made four calls in the minutes leading up to the crash, with the last call made at the time of the crash.

The NTSB chairperson, Deborah A.P. Hersman, said the following:

Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways. It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds.

The recommendation has been a long time coming and the Federal Motor Carriers Safety Administration should act quickly to make the recommendation law.

Truck Accidents and Traumatic Brain Injuries

Randy Rozek — Sat, 03 Sep 2011 08:42:03 -0600

The vast majority of semi-truck crashes result in serious and severe injuries to the victims. Whenever there is enough force to cause any type of injury, the victim must be screened for traumatic brain injury. The brain is the most susceptible part of the body. The brain is composed of a gel-like substance that sits inside the skull. The skull has rough ridges, especially in the area just inside the nose, referred to as the cribiform plate. Whenever there is a significant change in velocity of the head and neck, the brain bounces back and forth inside the skull. The change in velocity often includes rotational forces, which can result in increased damage. This movement of the brain can result in shearing of axons within the brain.

Neurons are the fundamental building blocks within the brain. Neurons are composed of the cell body (dendrites), axon and presynaptic terminal. The role of the axons is to transfer electricity from one end to another. Shearing of the axon prevents this flow of electricity. Human brains typically contain an estimated 86-100 billion neurons. Damage to just one axon on one neuron can result in a exponential disruption in brain activity because neurons communicate with hundreds of other neurons.

Mild traumatic brain injury is often missed by medical professionals. In fact a recent study concluded that mild tbi is missed more often than it is properly diagnosed. Unfortunately, medical professionals have often failed to obtain proper education on mild tbi because they had gone to medical school prior to recent developments that have occurred in last 10 years. The accurate diagnosis of mild tbi also requires the physician to spend a significant amount of time with their patients. It also requires the physician to listen to their patients. Physicians with time and physicians that are good listeners are both in short supply.

The following is a list of common symptoms following brain injury:

Headaches
Fatigue
Dizziness
Blurred vision
Trouble concentrating
Bothered by noise
Bothered by light
Irritability
Loss of temper easily
Memory difficulty
Anxiety
Insomnia
Personality
Emotional Volatility
Wide mood swings
Decreased judgment
Negative attitudes
Argumentative
Tactlessness
Apathy
Fearfulness
Loss of self-confidence
Immature behavior
Loss of sense of self
Reduced stress tolerance
Depression
Personality changes
Temper problems
Explosive irrational anger
More suspicious, paranoid
Defensive
Impatience
Loss of initiative
Drop in self-esteem
Sudden emotional outbursts
Withdrawal from family and friends
Attributes bad motives to others
Decreased attention span
Confusion
Stuttering
General processing ability
Decreased ability to plan
Word-finding difficulty
Decreased perception
Difficulty expressing self
Loss of sense of purpose
Slower thinking
Slower reading
Loss of creativity
Difficulty following conversations
Difficulty understanding others
Decreased academic functioning (reading, spelling, math, etc.)
Decreased comprehension
Problems understanding ideas
Loss of intelligence
Change in sense of smell
Hearing loss
Ringing in ears
Nausea
Vision problems – focusing or blank spots
Coordination problems
Sense of taste or food preference altered
Sleep disturbance

If you are experiencing more than one of these symptoms following a semi-truck crash, then you should see a doctor and provide them with a list of your symptoms. You will also need an experienced traumatic brain injury attorney to represent you.

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Attorney Randy Rozek has been representing victims of truck accidents throughout the United States for over 15 years.

Another Greyhound Bus Accident: Is There a Tour Bus Crash Epidemic?

Randy Rozek — Sat, 13 Aug 2011 09:01:38 -0600

Two weeks ago a passenger-filled Greyhound Bus in California crashed, killing 6 passengers and injuring dozens. The Greyhound Bus was traveling from Los Angeles through Fresno to Sacramento, when it crashed into an overturned SUV. The California Highway Patrol has determined the SUV was the primary cause of the crash.

Now a Greyhound Bus has crashed in Philadelphia, overturning in the Pennsylvania Turnpike, injuring at least 25 of the Greyhound passengers. While the investigation into the cause of this crash is also ongoing, it appears that driver error may have led to the crash. Speed, control and driver fatigue will be further investigated.

Safety advocates are concerned that this is a growing trend. In all of last year, there were 28 tour bus crashes resulting in 30 deaths and 272 injuries. This years numbers have already exceeded those numbers from all of last year.

Experts feel this may be due to bus companies trying to save money, cut costs and increase profits, which can lead to deferred maintenance, pressure on their drivers to speed and drive longer hours.

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Rozek Law Offices, SC represents victims of Tour Bus Crashes nationally.

Hours of Service Regulation Differences for Truck Driver vs. Bus Drivers

Randy Rozek — Mon, 18 Jul 2011 05:39:35 -0600

The new hours of service regulations published in December of 2010 make a significant distinction between truck drivers vs. bus drivers. The differences are outlined below:

TRUCK DRIVER HOURS OF SERVICE REGULATIONS

11 Hour Driving Limit - truck drivers may drive for 11 hours following a 10 hour period of time off duty
14 Hour Limit - truck drivers cannot drive after the 14th consecutive hour after they come on duty and this 14 hour limit cannot be extended by off duty time
60/70 Hour On Duty Limit - truck drivers cannot drive after 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days - this time period can be reset only after at least 34 straight hours off duty
Sleeper Berth Provision - truck drivers using the Sleeper Berth Provision must spend at least 8 consecutive hours in their sleeper berth and then an additional 2 hours off, which can be spent in the sleeper berth or off-duty anywhere else

BUS DRIVER HOURS OF SERVICE REGULATIONS

10 Hour Driving Limit - bus drivers may drive for 10 hours following an 8 hour period of time off duty
15 Hour On Duty Limit - bus drivers cannot drive after the 15th consecutive hour on duty after an 8 hour period off-duty
60/70 Hour On Duty Limit - bus drivers cannot drive after 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days
Sleeper Berth Provision - bus drivers using the Sleeper Berth Provision must spend at least 8 hours in their sleeper berth which can be split into 2 periods, provided each period is not less than 2 hours

The FMCSA has created an Hours of Service Handbook for Truck Drivers and an Hours of Service Handbook for Bus Drivers.

New Business Model for Unsafe Trucking Companies

Randy Rozek — Sun, 22 May 2011 07:54:34 -0600

As described in an April 2011 Milwaukee Journal Sentinel article, the trucking industry has seen the development of a new business model. This new business model involves flagrant regulatory abuses resulting in a poor governmental safety rating, which then gives way to bankruptcy and restructuring under a new name with a clean slate.

The article describes the path taken by Franklin's JDC Logistics Inc. In the mid-2000's JDC was continually driving over hours and had a poor safety rating. The Federal Motor Carrier Safety Administration tracks the safety rating of trucking companies. One of the seven measures the FMCSA uses is driving over-hours or "fatigued driving." Another measure is "unsafe driving." JDC ranked low in both of these categories, which led the FMCSA to issue some of the heaviest fines in the country to JDC. The company eventually was forced into bankruptcy. However, the company would surface again under a new name, JTL Carriers LLC.

After bankruptcy and restructuring, JTL was essentially able to start from scratch with the FMCSA's safety rating, but it didn't take JTL long to once again earn rankings as one of the worst trucking companies in the nation. Not surprisingly, two of JTL's poorest rankings, are driver fatigue and unsafe driving. The FMCSA recently audited JTL's records and is in the process of downgrading the safety rating of JTL from "satisfactory" to "conditional." This will have a major impact on business for JTL, because shippers can be held legally responsible for negligently choosing an unsafe trucking company to haul their products if there is a trucking crash.

The comments in the online version of the Journal Sentinel article tells the whole story, as one former JDC driver describes how, he was often pressured by dispatchers and even JDC's owner to drive over hours. Another comment describes how the company used to maintain computer log books and it was not uncommon for dispatchers to go into the computer system and tamper with the logbooks to put drivers "under" the maximum driving hours.

If the FMCSA is successful in downgrading JTL to "conditional" it seems likely the JTL will be forced out of business again. The problem is obviously that they will likely rise again under a new name with the same unsafe practices. The FMCSA and federal legislators need to take action to prevent the gaming of the system by the worst of the worst trucking companies.

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Follow this link to contact an experienced Wisconsin Truck Accident Attorney.

Eau Claire County Truck Crash Kills One

Randy Rozek — Sun, 10 Apr 2011 09:39:21 -0600

I-94 West four miles south of Eau Claire, Wisconsin, was the scene of a tragic semi-truck fire Saturday afternoon, April 9, 2011. The Wisconsin State Patrol indicated that one tractor-trailer was pulled over on the side of the road when another semi-truck traveling westbound crashed into the semi that was pulled over.

Initial investigations did not disclose whether the truck that had been pulled over had set out the proper warnings. The Federal Motor Carriers Safety Regulations require stopped semi-trucks to post proper warnings as soon as possible, specifically 49 CFR §392.22 mandates the use of vehicular hazard warning signal flashers, fuses and liquid-burning flares. The rule is very specific regarding the placement of warning devices, which provides the following:

(b) Placement of warning devices--

(b)(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by Sec. 393.95 of this subchapter, in the following manner:

(b)(1)(i) One on the traffic side of and 4 paces (approximately 3 meters or 10 feet) from the stopped commercial motor vehicle in the direction of approaching traffic;

(b)(1)(ii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic; and

(b)(1)(iii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic.

(b)(2) Special rules--(i) Fusees and liquid-burning flares. The driver of a commercial motor vehicle equipped with only fusees or liquid- burning flares shall place a lighted fusee or liquid-burning flare at each of the locations specified in paragraph (b)(1) of this section. There shall be at least one lighted fusee or liquid-burning flare at each of the prescribed locations, as long as the commercial motor vehicle is stopped. Before the stopped commercial motor vehicle is moved, the driver shall extinguish and remove each fusee or liquid- burning flare.

(b)(2)(ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of this section, during the period lighted lamps are not required, three bidirectional reflective triangles, or three lighted fusees or liquid- burning flares shall be placed as specified in paragraph (b)(1) of this section within a time of 10 minutes. In the event the driver elects to use only fusees or liquid-burning flares in lieu of bidirectional reflective triangles or red flags, the driver must ensure that at least one fusee or liquid-burning flare remains lighted at each of the prescribed locations as long as the commercial motor vehicle is stopped or parked.

(b)(2)(iii) Business or residential districts. The placement of warning devices is not required within the business or residential district of a municipality, except during the time lighted lamps are required and when street or highway lighting is insufficient to make a commercial motor vehicle clearly discernible at a distance of 500 feet to persons on the highway.

(b)(2)(iv) Hills, curves, and obstructions. If a commercial motor vehicle is stopped within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the warning signal required by paragraph (b)(1) of this section in the direction of the obstruction to view a distance of 100 feet to 500 feet from the stopped commercial motor vehicle so as to afford ample warning to other users of the highway.

(b)(2)(v) Divided or one-way roads. If a commercial motor vehicle is stopped upon the traveled portion or the shoulder of [[Page 897]] a divided or one-way highway, the driver shall place the warning devices required by paragraph (b)(1) of this section, one warning device at a distance of 200 feet and one warning device at a distance of 100 feet in a direction toward approaching traffic in the center of the lane or shoulder occupied by the commercial motor vehicle. He/she shall place one warning device at the traffic side of the commercial motor vehicle within 10 feet of the rear of the commercial motor vehicle.

(b)(2)(vi) Leaking, flammable material. If gasoline or any other flammable liquid, or combustible liquid or gas seeps or leaks from a fuel container or a commercial motor vehicle stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion.

Investigators will attempt to determine what, if any, warning devices were utilized as well as what, if any training the trucking company provided its driver.

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Contact an Experienced Eau Claire Truck Accident Attorney

Schneider National Semi-Truck Accident in Dodge County Kills One & Injures Several Others

Randy Rozek — Mon, 14 Mar 2011 15:47:43 -0600

A tragic semi-truck vs. bus accident resulted in the death of one person and the injury of several others. Authorities investigating the crash concluded that the Schneider National tractor trailer failed to yield the right of way to a Riteway tour bus at the intersection of Highway 33 and Highway P in the town of Herman. The crash occurred Saturday night, March 12, 2011, at about 7:00 p.m.

The Schneider National semi-truck T-boned the Riteway tour bus at the intersection, causing the bus to roll over. The Schneider National truck was being operated by Kellie Bridges, 30, of Norcross, Georgia. There was also a passenger in the truck, Shomari Jackson, 30, of Atlanta, Georgia. Schneider National has not disclosed why there was a passenger in the semi-truck, as most companies forbid passengers from riding in their trucks, except under very limited circumstances.

Our condolences go out to the victims of this avoidable tragedy.

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Follow this link to contact an experienced Truck Accident Attorney.

The Importance of Hiring an Experienced Truck Accident Attorney

Randy Rozek — Thu, 10 Mar 2011 08:26:18 -0600

I have become increasingly frustrated over the years by the quality of legal representation provided to Wisconsin truck accident victims. I am often contacted by potential clients requesting that I take over their cases after they had been represented by months or years by attorneys at the large TV-advertising law firms.

Feeling sympathetic, I reluctantly agree to review their file. The first thing I look for is the spoliation letter. As any experienced truck accident lawyer knows, the spoliation letter is perhaps the most important step in representing any truck crash victim. In my office, I insist that a spoliation letter be sent out the same day I am retained. This is not discretionary it is mandatory. The spoliation letter is sent certified to the the trucking company AND the truck driver. The spoliation letter puts the company and driver on notice of the claim and directs them not to destroy the essential evidence that I need to prove my client's case. The spoliation letter also directs the company and driver that if they decide to destroy this critical evidence, then the Court will likely instruct the jury that this evidence would have been favorable to the injury victim. My spoliation letters are very specific as to the exact evidence that must be retained. My spoliation letters vary depending on the facts of the crash. Only an experienced truck accident attorney has the knowledge to draft an appropriate spoliation letter tailored to the facts of the crash.

All too often, in the first five minutes of reviewing the file, I find that the potential client's former attorney failed to send out the spoliation letter. Under federal regulations, trucking companies are required to maintain the majority of this critical evidence for months. Oftentimes, the trucking companies will intentionally destroy this evidence after 6 months, even though they are know of the crash and the possibility of a future lawsuit. Trucking companies that destroy this critical evidence are guilty of spoliation of evidence and can be found in default or the Court can instruct the jury that they are to infer the missing evidence would have been favorable to the injured person. While this inference is helpful, one can only imagine how helpful the intentionally destroyed evidence would have been to the plaintiff's case.

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Contact an Experienced Wisconsin Truck Accident Attorney.

Guest Blog: Avoiding Truck Dock Accidents

Randy Rozek — Mon, 21 Feb 2011 08:16:37 -0600

In our ongoing efforts to promote safety and decrease accidents in the trucking industry, we are pleased to publish the following guest blog about a wonderful product that has the potential to save hundreds of lives:

Dock Safety: Where There’s A Wheel, There’s A Way

SIMPLE, YET EFFECTIVE: The Power Chock prevents early departure and trailer creep.

Close up

The loading dock is considered the most dangerous part of warehouse operations—each year, numerous injuries and fatalities occur when lift trucks accidently drive off the dock or fall between the dock and the trailer.

While there are solutions to this problem—such as ICC bar or RIG (rear impact guard) type of truck restraints—there are drawbacks. Mechanical and hydraulic RIG bar restraints are comprised of many moving parts that are often damaged, requiring frequent repair. And ICC or RIG bars can also be damaged, rusted or in some cases, even non-existent.

GMR Safety Inc. has developed a simple, innovative product that addresses these issues. The company’s Power Chock vehicle restraints are wheel-based, so they don’t involve the ICC or RIG bars. By locking the trailers wheels, the Power Chock prevents early departure and trailer creep—the two leading causes of dock-related accidents.

“The Power Chock uses simple physics to restrain the vehicle by its strongest part—the wheel. It simplifies dock safety because it works on every vehicle, at every dock—where there’s a wheel, there’s a way,” says Gaetan Jette, GMR’s president. Jette co-founded the Quebec-based company in 1995 to facilitate a safe environment at the loading dock.

“At that time, the most common type of restraint on the market was the ICC bar and it could not guarantee 100 percent safety and that’s what our customers were really looking for,” says Jette. “One vehicle in four has a damaged or missing ICC bar, but every trailer that’s pulling into a loading dock has a wheel.”

Simple In Design

The Power Chock is comprised of an 18-inch high-tensile steel chock that is mounted to the end of an articulated, counter-balanced arm. The chock is placed in front of the vehicle’s rear wheels and locks onto a galvanized ground plate. Depending upon the needs of the warehouse, the restraining power of the Power Chock can be coupled with a communication system, sensors, lights and interlocks.

One of GMR’s first customers was Molson-Coors Brewery, Toronto, which has been using the Power Chock since 1997. “We had issues with trailers pulling away from the docks when they should not have been and we weren’t using any restraining devices,” says Steve Ropp, distribution manager, Molson-Coors. “We didn’t want to use the ICC bar restraint and we looked at what GMR was doing and liked their approach.”

Ropp says the truck drivers find it’s easier to put the Power Chock in place instead of the traditional little rubber chock. ”Once the Power Chock is in place, it’s sequenced automatically with the lights so they know the status of the trailer—whether it can be pulled out or not,” says Ropp. “The forklift drivers also know by the light sequencing when the chock is in place, so there’s no way the trailer can pull away from the dock while they’re loading it—it gives them a sense of safety.”

Another customer, Southern Wine & Spirits of Arizona, Tempe, AZ, has been using the Power Chocks for two years. “When we built this facility, we were trying to figure out what type of vehicle restraint we were going to use,” says Joel Benavides, warehouse manager, Southern Wine & Spirits. “Many of our customers were using a hook restraint and often our bumper was too low or two high and there were several instances where we had to get a tow truck out to free our vehicle from the restraints. So we didn’t want that. While we had the safety of our employees in mind, we didn’t want the frustration, the damage and the extra costs involved with a regular hook restraint.”

One of Southern Wine’s corporate managers pointed Benavides in the direction of GMR. ”We were really concerned when we first saw the Power Chock because it is just a tire chock with an arm. But we tested it and there’s not one thing I don’t like about it. We’ve not had one single issue with it—the chock has been very functional. Not one time have we had an instance where we’ve had a broken piece of equipment.”

That’s because of the simplicity of its design, according to Jette. “We’ve designed a system that will not break because it has minimal moving parts as opposed to a lot of other types of restraint devices—when they’re engineered with a lot of moving parts, it ends up breaking. We designed it not to break and to be able to withstand constant abuse.”

Molson has actually replaced some of its hydraulic dock locks with the Power Chock. “The hydraulic dock locks have become so expensive to maintain that we just go ahead and replace them with Power Chocks,” says Ropp.

More importantly, however, neither facility has had an accident since installing using the devices. GMR provides basic training for the employees, but Jette says the process is so simple that it’s self explanatory. “Our customers have told us their employees feel safer since they’ve installed the equipment,” he says.

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“The best reason to buy them is for safety and we haven’t had an incident on the dock since we installed the Power Chocks,” agrees Ropp.

Plus, the device is easy to operate. “When the driver backs into the door, he’ll step out of his truck, walk back and grab the chock and place it in front of his tire. It’s that simple,” says Benavides. “The chock is spring-loaded so it’s not too heavy for any individual to handle—and it’s not causing damage to anyone’s truck.”

Southern Wine has 17 Power Chocks in use, and Molson has about 40 at its Toronto facility and more than 70 at its Montreal location. Molson, which has some units that are 14 years old, is currently upgrading its Power Chock system in some of its locations, as its needs have changed.

“Every customer that we service is different, with different needs and requirements,” says Jette. “We go in and figure out the best solutions for each facility. We need to adapt to their operation and propose a solution that will fit within the company culture.”

The Power Chock vehicle restraint system line consists of three products: System 1, System 3 and System 5. Each system provides more bells and whistles—depending upon the users needs.

Reaping The Benefits

The advantages of the Power Chock, according to Jette, include:

High level of safety—simpler, reliable operations;

Universal compatibility—fits 100 percent of vehicles. Not dependent on the UCC bar;

Greater restraining force—restrains the wheel instead of the UCC bar;

Offers industry’s lowest total cost of ownership;

User-friendly—quickly and easily set by the driver in less than 30 seconds;

Maximizes productivity—designed to minimize maintenance costs and downtime;

Environmentally friendly—does not use toxic fluids, consumes minimal energy;

Not affected by extreme weather conditions—first developed in Canada to endure extreme winter conditions.

“During the development stage, we realized that traditional hook restraints and other wheel-based restraint systems made it difficult for snowplow operators to adequately clear loading bays. In speaking with customers we found they needed a product that had high restraining capacity and did not interfere with snow removal equipment. The Power Chock meets both these criteria,” says Jette.

The Power Chock has been designed so that all of its components are able to withstand extreme cold and heavy snowfalls. When not in use, the chock rests 12” above ground. It is installed to the side of the loading dock door so snow is easily cleared away from the building’s foundation wall and the entire loading bay. This makes the area safer for dock workers and truck drivers alike.

One ground plate model accommodates all snow removal methods; plowing operations require the all-direction ground plate model. A thawing agent may be applied to the ground plate to remove any remaining ice or snow providing maximum restraint even during the winter months.

Molson is also using GMR’s Clear to Go SB-Safety Barrier, a barrier which helps to prevent damage to the loading dock door and loading dock drop-offs. Damage can occur if there isn’t a safety barrier that protects the dock door when it’s closed. Then there is the hazard of forklifts falling off the loading dock when the doors are open. Damage to expensive material handling equipment and employee injuries are often the result.

“Often the dock door damage happens when a company does staging and a lift truck operator doesn’t see an empty skid or pallet and pushes it through the door,” says Jette. “For many companies, this is a recurring problem, and they’re seeing two or three dock doors hit each week.”

The Clear to Go system is comprised of a barrier whose pivot is designed to sustain impact. In the case of an accidental maneuver, the barrier—posted in front of the dock door—is struck before the door can be hit. Upon impact, the barrier separates from the pivot and an audible alarm is trigger, advising employees of the impending risk. Once separated, the barrier can be set back into place in a few seconds.

The Clear to Go system is designed not to break. “The unit’s arm disassembles, because it’s held with a patented magnetic joint—you can hit it many times without breaking it,” says Jette.

GMR has customers throughout Canada and the U.S., and is expanding to Europe. Jette says GMR works with each customer on a one-to-one basis. “We look at their objectives and go through our portfolio of products and figure out what will fit best their operations and their budget. We take a lot of things into account, such as their traffic, the types of drivers they have (in-house vs. outside carriers) and also the merchandise they move. We like to interface our equipment with other existing equipment to provide 100 percent safety.”

For more information please visit GMR Safety.

Wisconsin Orthopedic Injury Page Launched

Randy Rozek — Fri, 11 Feb 2011 13:02:16 -0600

Rozek Law Office has rolled out their new Wisconsin Orthopedic Injury page. The new page is essentially a resource center providing Wisconsin orthopedic injury victims with information regarding their specific orthopedic injury. The Wisconsin Orthopedic Injury page provides information about orthopedic injuries to every different part of the body, including the following:

The Wisconsin Orthopedic Injury page provides accident victims with a information about various orthopedic injuries as well as information about what they can expect following their specific injury. The Wisconsin Orthopedic Injury page contains detailed information about fractures as well as ligament and tendon injuries. Rozek Law offices provides this free information to Wisconsin injury victims in their ongoing effort to educate them about their accident and their injury.

Washington County Semi-Truck Crash Kill Two and Seriously Injures Many Others

Randy Rozek — Wed, 15 Dec 2010 19:24:11 -0600

It was a tragic scene on Highway 41 today in Washington County as two separate tractor-trailer crashes resulted in the deaths of two Fond du Lac men and serious injuries to several other people.

Shortly after 9:00 a.m. this morning, the first multi-vehicle crash occurred just north of the Highway 33 in the southbound travel lanes of Highway 41. This collision resulted in the overturning of a semi-truck and damage to multiple other vehicles. In the aftermath and cleanup of this crash, traffic was backed up for 4 to 5 miles. Unfortunately, about an hour after the first crash, a tanker truck traveling southbound on Highway 41 approached the backed up traffic at a high rate of speed, crashing into several other vehicles, killing two, injuring several others, then crossing the median and coming to rest in the northbound travel lanes of Highway 41.

Crashes like this are always avoidable, regardless of weather conditions. Truck drivers are professional drivers and ideally they should be trained to avoid senseless accidents. There must be accountability for this crash, which includes a detailed criminal and civil investigation to get to the bottom of the real cause of the collisions. While the Washington County Sheriff's Department and the State Highway Patrol are currently investigating the crashes and they are in the process of conducting an accident reconstruction, oftentimes the real truth only comes out during the discovery phase of a civil case. It is during this phase that the experienced truck accident attorneys are able to obtain ALL of the necessary trucking company records and take depositions of all of the individuals within the trucking companies. According to US Department of Highway Traffic and Safety Administration records regarding the tanker truck company, P.F.A. Systems, Inc., they have an abysmal safety record, including many fines for speeding, fatigued drivers, and other moving and FMCSR violations. This information leads one to suspect that this accident may have been inevitable, considering P.F.A. Systems, Inc. lack of adequate safety precautions.

Our thoughts go out to the families of the deceased and the survivors of the crash and their families. No human being should be subjected to this type of avoidable tragedy.

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More information about Wisconsin Truck Accidents.

More information about Wisconsin Wrongful Death Accidents.

More information about Wisconsin Traumatic Brain Injury.

Marijuana Found In Blood of Milwaukee Dump Truck Driver That Struck and Killed Pedestrian

Randy Rozek — Sat, 04 Dec 2010 12:30:40 -0600

On November 8, 2010, 55 year-old Susan Luczkowiak was struck and killed by a dump truck while crossing an intersection at 20th Street and West Layton in Milwaukee. While Ms. Luczkowiak was crossing against the light, the blood test for the driver of the dump truck showed that he had unmetabolized marijuana in his blood, meaning he had smoked pot within hours of the crash.

Following the crash, authorities had reportedly questioned the dump truck driver, 38 year-old Stennen Jackson of Milwaukee, about marijuana use. While Jackson admitted smoking marijuana a week prior to the crash at a Halloween party and possibly two days before the crash, he apparently denied smoking marijuana on the day of the accident.

Authorities have not released the details of the accident reconstruction which will may be able to establish the speed of the dump truck and whether the marijuana in Jackson's system contributed to his failure to avoid striking Luczkowiak as she crossed the street.

Jackson has been charged with Homicide by Use of a Motor Vehicle While Under the Influence of Marijuana. If convicted he could face up to 25 years in prison and a fine of $25,000. The District Attorney's office has not indicated whether they will pursue charges against the company that owned the dump truck. Many questions remain, such as how the company could have allowed one of their drivers to operate one of their dump trucks while impaired. It will be critical that the company show they utilized proper random drug testing and trained their drivers on the dangers of operating heavy trucks while impaired. As a professional driver, Jackson should not have had any drugs or alcohol in his system while operating a commercial vehicle.

Our sympathies go out to the Luczkowiak family and her loved ones for this tragic accident.

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If you have been injured due to the negligence of a truck driver or trucking company, call an experienced Wisconsin Truck Accident Attorney.

New Federal Law Requires Trucking Companies to Retain Driver Documentation

Randy Rozek — Fri, 13 Aug 2010 14:23:47 -0600

As of July 12, 2010, the Federal Motor Carriers Safety Regulations now require trucking companies that do not utilize electronic mobile communication and tracking devices technology to maintain hard copies of all of the following for at least six months from the date of creation:

• Bills of lading;

• Carrier pros;

• Freight bills;

• Dispatch records;

• Electronic mobile communication/tracking records;

• Gate record receipts;

• Weigh/scale tickets;

• Fuel receipts;

• Fuel billing statements;

• Toll receipts;

• Toll billing statements;

• Port of entry receipts;

• Delivery receipts;

• Lumper receipts;

• Interchange and inspection reports;

• Lessor settlement sheets;

• Over/short and damage reports;

• Agricultural inspection reports;

• Driver and vehicle examination reports;

• Crash reports;

• Telephone billing statements;

• Credit card receipts;

• Border crossing reports;

• Customs declarations;

• Overweight/oversize permits; and

• Traffic citations.

The changes in the law are in part a response by the federal government to encourage electronic tracking software.

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If you have been injured due to the negligence of a truck driver or trucking company, call an experienced Wisconsin Truck Accident Attorney.

New Electronic On-Board Recorder Rule Takes Effect

Randy Rozek — Sun, 06 Jun 2010 09:55:24 -0600

The most dangerous interstate truck and bus companies will have to install and maintain Electronic On-Board Recorders. The rule issued by the Federal Motor Carriers Safety Administration was passed several months ago, but takes effect on June 4, 2010. Now the most egregious of hours of service violators will be required to record their drivers' hours of service.

If, during a compliance review, the Federal Motor Carriers Safety Administration finds that a motor carrier has a 10 percent or more violation rate for any of the hours of service regulations, that carrier will have to install the Electronic On-Board Recorders in their entire fleet of semi-trucks or buses. The Electronic On-Board Recorders must remain in place, in working order, for at least two years.

The Federal Motor Carriers Safety Administration has predicted that the rule will result in the installation of Electronic On-Board Recorders in approximately 5,700 trucks over the next two years.

In addition to the carriers that a required to install the Electronic On-Board Recorders, many carriers are expected to voluntarily install such devices. It is obviously the hope of the Federal Motor Carriers Safety Administration that the utilization of Electronic On-Board Recorders will reduce truck accidents throughout the United States.

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Contact an experienced Wisconsin Truck Crash Attorney.

Cattle Truck Crash: Search is On for Unidentified Gray SUV

Randy Rozek — Sat, 01 May 2010 05:52:36 -0600

A Wisconsin truck driver was injured Thursday morning on Highway 151 near Fond du Lac when the cattle truck he was hauling tipped over. The truck driver, 55 year-old Patrick T. DeGeneffe, of Chilton, Wisconsin, sustained serious injuries after being trapped in his cab after his tractor trailer overturned. DeGeneffe had to take Flight for Life from the scene to Theda Clark Medical Center in Neenah. DeGeneffe was hauling 11 cows and 2 steers. Many of the animals were also injured.

According to the Wisconsin State Patrol, the cattle truck, was traveling southbound on the bypass near the Fond du Lac County T intersection, when it was forced to swerve to avoid a gray SUV that had pulled out in front of him from Fourth Street. The SUV turned from Fourth Street to proceed south on the bypass. This forced DeGeneffe to take evasive action, resulting in his truck going into the northbound lanes and then back to the west, turning onto its left side and skidding to a stop in the median.

It is not clear whether anyone else witnessed the gray vehicle cause the accident. In order for DeGeneffe to be allowed to pursue an Uninsured Motorist claim for his injuries, the new Wisconsin law regarding Uninsured Motorist claims requires that the accident be witnessed an an "Independent Third Party."

Authorities are still searching for the gray SUV. Anyone with information about the SUV or the accident in general are urged to contact the Wisconsin State Patrol at (920) 929-3700. Hopefully, someone will come forward with additional information about the accident.

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Contact an experienced Wisconsin Truck Accident Attorney.

Severe Fog Contributes to Sheboygan County Truck Crash

Randy Rozek — Wed, 10 Mar 2010 06:01:55 -0600

Severe fog has contributed to a Sheboygan semi-truck crash that resulted in at least 2 injuries. The crash occurred about 8:00 a.m. on March 9, 2010, at Sheboygan Highway County PP and Prairie Road.

The crash occurred when one semi-truck, driven by Justin Simon, 27, of Fond du Lac, Wisconsin, and owned by Dierks Waukesha, a Wisconsin food distributor, was stopped on County PP, waiting for traffic to clear before negotiating a left-hand turn. A jeep driven by Timothy Christensen, 45, of Plymouth, Wisconsin, was stopped behind the Dierks Waukesha semi-truck. At that time, another semi-truck, driven by Steven Guelig, 51, of Cascade, Wisconsin, and owned by owned by Schwind Trucking, LLC, out of Glenbeulah, Wisconsin, approached the vehicles from behind and was unable to stop his semi-truck in time, colliding with the jeep, essentially sandwiching it between the two semi-trucks.

The crash also resulted in the severing of both tractor-trailer’s diesel lines, spilling fuel all over the scene, including fuel being spilled near an electrical transformer. The semi-truck crash resulted in the following entities being called to the scene:

Sheboygan County Hazmat Team
Wisconsin Department of Natural Resources
Sheboygan County Sheriff's Department
Wisconsin State Patrol
Plymouth Police Department
City of Plymouth Fire Department
Town of Plymouth Fire Department
Plymouth Ambulance
Jaws of Life Unit – Plymouth

Preliminary investigations have determined that the Schwind Trucking semi-truck operated by Guelig, was operating too fast for the poor weather conditions. Federal law requires truck drivers to use extreme caution in dangerous weather conditions, including fog.

According to the Federal Government, Schwind Trucking owns 10 tractor trailers and employs 10 drivers. Schwind Trucking drivers have received at least 5 moving violations and have been involved in at least one prior state-reported crash within the last 30 months.

A search has revealed that Schwind Trucking is insured up to $1,000,000 by Employers Mutual Casualty Co.

Phoenix Tour Bus Crash Kills 6, Injures 15

Randy Rozek — Fri, 05 Mar 2010 10:52:47 -0600

While in Los Angeles today on a different case, I learned of the tragic Phoenix bus crash that killed at least 6 people and injured more than than a dozen other people. It appears that the charter bus, which originated in Los Angeles, caused the multi-vehicle collision.

Early reports indicate that the bus driver lost control, rearending a car in front of it, and then rolling off the highway, about 30 miles south of Phoenix in the Town of Maricopa. This result in at least one semi-truck losing control and crashing as well as another car crash.

The tour bus is owned by Tierra Santa, a Los Angeles Company.

This blog will be updated once more information is available as to the root cause of the collision.

Amazingly No Charges to Be Filed in Double Fatality Outagamie County Truck Crash

Randy Rozek — Tue, 23 Feb 2010 08:40:38 -0600

In what must be a shock to the truck crash victims’ families, the Outagamie County District Attorney’s office has decided not to file charges against the truck driver that killed two people and injured several others. The Outagamie County D.A.’s office claims that there was not enough evidence to prove charges of homicide by negligent operation of a vehicle, because there was no evidence that the truck driver, Michael Kaiser, knew that his conduct created a substantial and unreasonable risk of death.

The semi-truck crash involved a 7 car pileup on Highway 41 in Outagamie County ten months ago. Investigators for the Wisconsin State Patrol downloaded data from the semi-truck’s Electronic Control Module (ECM-similar to a black box in a plane), which revealed that the semi-truck had the cruise control set at 64 miles per hour as the truck entered a construction zone with slowing traffic. The investigation report goes on to state the following:

In completing this reconstruction, no vehicle, highway, or environmental factors were identified as being contributory to this incident. Rather, the proximate cause of the collision is cited as the Freightliner operator’s lack of attention to the operation of his vehicle and to the approaching stop condition. It is believed that vehicles slowing near the Holland road overpass would have been visible. Furthermore, although the author did not identify any highway factors as being contributory to the incident, the presence of the “Road Work Ahead” and construction barrels should have raised the driver’s awareness level to the possibility of changing traffic conditions. Given the truck’s configuration and compliance with federal standards, it is believed that the driver could have stopped the vehicle in order to avoid the collision.

In contrast, Powertrain Control Module (PCM) data from one of the involved vehicles shows it slowing from approximately 24 miles per hour for over 20 seconds before it was struck. In the area of the collision, orange construction barrels lined the roadway, and the Freightliner had passed official signs indicating ‘Road Work Ahead.’” See the image below:

Truck drivers are trained to know that such conduct can create a substantial and unreasonable risk of death. If Michael Kaiser did not know this, then he should have known this. The Wisconsin CDL Manual, which Kaiser was required to comply with, states the following:

Slow down and be very careful if you see any of the following road hazards:

Work zones. When people are working on the road, it is a hazard. There may be narrower lanes, sharp turns or uneven surfaces. Other drivers are often distracted and drive unsafely. Workers and construction vehicles may get in the way. Drive slowly and carefully near work zones. Use your 4-way flashers or brake lights to warn drivers behind you.

What is especially appalling and upsetting to the victims’ families is that the semi-truck driver, Michael Kaiser, refused to cooperate with the investigation. In the statement he did provide authorities, he estimated his speed at 50 mph as he approached the slowing traffic. This statement directly contradicts the ECM data showing his cruise set at 64 mph.

Hopefully, Kaiser and his employer will be held accountable civilly for this easily avoidable crash

Wisconsin Truck Accident Caused By Truck Driver Not Pulling Over Safely

Randy Rozek — Fri, 19 Feb 2010 07:58:19 -0600

A recent Wisconsin Dells truck accident highlights the importance of truck drivers in following the federal rules when pulling over for non-emergency stops on the side of the roadway, as well as the importance of pre-trip inspections.

The unfortunate truck accident occurred on February 9, 2010, on I-94/I-90 eastbound near exit 85 outside of Wisconsin Dells, in Juneau County. A semi-truck driver, Michael K. Johnson, 48, of Chicago, Illinois, had stopped his tractor-trailer in order to clean ice from the truck. At that time, a vehicle operated by a Chippewa Falls man and his family was traveling in the same direction and struck the rear of the semi-truck. According to reports, the semi-truck was parked in an actual lane of travel on the highway and also did not have the necessary warning signals. The Chippewa Falls residents in the car all received severe injuries and face a long road ahead of them in their recovery.

This tragic accident could have easily been avoided, had the truck driver simply been adequately trained on the federal rules and complied with them.

The first, most obvious violation by the semi-truck driver, appears to be the failure to properly inspect and remove ice from his tractor-trailer PRIOR to beginning his trip. I have blogged about the dangers truck drivers pose in not properly clearing ice and snow from their trucks several times in the past. The duty to inspect is clearly set out in the federal regulations as follows:

CFR §392.7 Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

…..

Windshield wiper or wipers.

Rear-vision mirror or mirrors.

If, on the other hand, ice had begun to build up after the truck driver’s departure, then the truck driver could have easily utilized one of several truck stops along this stretch of I-94/I-90, in order to safely stop to remove the ice.

The second, most obvious violation by the semi-truck driver, appears to be the failure to safely pull completely out of the lanes of travel. This is a violation of Wisconsin’s Rules of the Road.

The third, most obvious violation by the semi-truck driver, appears to be the failure to adequately utilize necessary emergency signals, which would have given the operator of the automobile ample time to identify the semi-truck and react. The federal rule, CFR §392.22, mandates the use of vehicular hazard warning signal flashers, fusees and liquid-burning flares.

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If you have been injured due to the negligence of a truck driver or trucking company, call an experienced Wisconsin Truck Accident Attorney.