Tuesday, July 24, 2018

restrictions and safety standards

Restrictions and Safety standards

by Khalil Flowers


I think that relaxing restrictions and safety standards would be a unwise idea that would result in many events of death, unfairness and unpunished negligence.
    Truck driving requires more road safety rules than normal cars or motorcycles simply because that the size and presence of a truck calls for many rules just for the safety of others. The deaths that are caused by truck driving can be a simple matter of driving to fast in a area that made with a very specific slow speed limit.
    In the article “Father Files Lawsuit Over Trucking Safety Violations” It gives an example of why restrictions and safety standards should are needed. “When the accident occurred, Pankiv vehicle was traveling too closely to the Yaris. It was also traveling at an excessive rate of speed. These factors combined within the narrow corridor of the construction zone and the tanker truck impacted the Yaris, killing Stepanov instantly and seriously injuring his passenger. Following the initial impact, Pankiv’s tanker continued its forward momentum until it slammed into Buck’s vehicle. The impact caused Buck’s Pilot to spin out of control and into the median where it continued its forward movement until it slammed into the rear of another semi-trailer driven by Boguslaw Leja out of Elmwood Park, Illinois. At some point during the collision, the cooking oil within the tanker caught fire and quickly engulfed all three vehicles. It is believed that the fire was the cause of death for Buck, her sons, and for Pankiv”.
    Not only do the restrictions and safety standards try to create a accident free road environment they also get truck companies to take liability and responsibility when if an accident did occur. Truck companies will sometimes not acknowledged the fact their in the wrong if there’s nothing pressuring them to. The article “Father Files Lawsuit Over Trucking Safety Violations” an example can be seen. “Buck and his attorneys believe the company willfully ignored safety regulations set by the Federal Motor Carrier Safety Administration governing the amount of hours drivers may operate their vehicles during the week. To help determine this, they have requested Pankiv’s driving record and log books from Illini State Trucking. The company has refused to provide them even as they have publicly pledged cooperation with the investigation. With their lawsuit now filed, Buck’s lawyers can subpoena this information as they seek to prove that the company was continuing a pattern of willful negligence and flagrant violation of established safety regulations that could have been contributing factors to the crash. Of paramount importance, they are seeking to determine whether or not Pankiv had been personally cited and/or disciplined for violations of FMSCA regulations that are designed to protect both truck drivers and the drivers of passenger vehicles”.
“Paul Buck’s lawsuit comes as Congress is considering relaxing many of the restrictions and safety standards put in place to prevent these types of accidents from occurring. Among changes they are considering are provisions that would increase to 82 the number of hours drivers can operate their vehicles during an 8-day period; this would represent an increase of 12 hours per week. Furthermore, Congress is considering removing company safety ratings from the internet. This information shows a company’s driving record and history of past abuses. Should such a change take place, it will make it considerably more difficult for individuals like Paul Buck to prove that a company has an established pattern of willful negligence”.
    Another reason for deaths caused by trucks is the driver not be fully awake when driving the car. The article NHTSA: Regulate Sleep Apnea For Truck Drivers says “The FMCSA and the FRA jointly proposed the rule in an effort to study the effects of sleep apnea on commercial truck drivers and railroad workers. If the rule becomes law, then truck drivers would be required to undergo testing for sleep apnea. The condition causes multiple interruptions in sufferers’ breathing while they are asleep, resulting in poor sleep quality. People then feel fatigued during their waking hours. A study conducted by the University of Pennsylvania found that 28 percent of drivers suffer from sleep apnea. The agencies believe that by identifying and treating truck and railroad workers who have sleep apnea, fatal accidents could be reduced”.
    So the lack of sleep can be a reason why a truck driver should not be driving at a uncontrollable speed but rather a slowly and less harmful speed. Another example of this can be seen in the article “Trucks Are Getting More Dangerous And Drivers Are Falling Asleep At The Wheel. Thank Congress”(https://www.huffingtonpost.com/entry/congress-made-trucking-deadlier_us_56fd6f92e4b0a06d58052ee8)
    To summarize getting rid off or relaxing safety standards and restrictions can result in many unfortunate outcomes for all people.
Sources


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