TLA TTL October 2021

Page 50

TLA Feature Articles and Case Notes

So What Happened on the Roads During the Pandemic? Tammy J. Meyer*

When the global pandemic began and businesses closed to the public, many industries were negatively affected. Airlines, hotels, restaurants, gyms, and movie theaters were among the hardest hit. While most industries suffered, many in the transportation industry prospered.1 In fact, on March 20, 2020, CBS News reported that the transportation industry was “saving lives.”2 When the toilet paper at your local grocery store was sold out, a freight truck was on its way to restock the supply. News outlets and magazines even categorized truck drivers as “frontline responders” and “essential workers” as they delivered medical supplies and equipment to hospitals.3 The transportation industry—and truck drivers especially—helped keep people alive during the hardest phases of the pandemic. Now, more than a year after the start of the pandemic, public opinion has shifted, and the transportation industry is experiencing criticism. The National Highway Traffic Safety Administration (“NHTSA”) released statistics of driver safety in 2020. These statistics show an increase in accidents in 2020, even with less passenger vehicles on the roads. Some argue that with businesses reopening and more individuals going back to work, the roads and highways are becoming more congested. As a result, commercial vehicles and tractor-trailers that have grown accustomed to having the roads to themselves are now going to have to * Metzger Rosta (Noblesville, IN)

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adjust to an increase in passenger vehicles joining them on the roads. Statistics from the NHTSA, however, showed that there were more accidents in 2020 than in the previous 13 years.4 Even though less people were driving during the pandemic, the number of accidents was still higher than in 2019. With this in mind, experts and traffic professionals have expressed their concern with tractor-trailers causing even more accidents as roads continue to grow more congested.5 Even though more passenger cars are undoubtedly going to be present on the roads and highways where tractor-trailers are also present, this does not necessarily mean that accidents will increase more than in 2020. In fact, the main causes for the most serious accidents in 2020 were not tractor-trailers. The most serious of the 2020 accidents involved: • Lack of seat belt use, • Speeding, and/or • Impaired driving.6 These causes are not exclusive to tractor-trailers. Based on the same statistics, researchers could not determine if the increase in accidents was caused by more tractor-trailers on the road.7 They even admit that the 2020 statistics come from a different set of circumstances and the accidents were not due to collisions with tractor-trailers.8 The statistics also examined the severity of injuries from the accidents in 2020.9 It was determined that the accidents were not only more frequent, but they also resulted in the gravest injuries and/or damage. But, once again, the cause of these dangerous accidents could not directly be related to tractor-trailers or their respective drivers. So, despite having more tractor-trailers and less passenger cars on the road during the pandemic and despite

the increase in accidents, it does not seem that tractor-trailers are the root cause. As the country starts to reopen, the demand for transportation continues to increase. In fact, the trucking industry is even experiencing labor shortages. There are not enough drivers to fulfill the growing demand for consumer goods.10 At the beginning of the pandemic, transportation providers struggled to keep up with the demand for truck drivers.11 Many drivers had to take overtime to complete shipments, and the late hours began to take a toll on the drivers. In response to the heightened responsibility and stress, trucking companies started to provide hotlines to assist drivers with any health and wellness issues drivers may experience—whether on the road or at home.12 This way, drivers are able to efficiently complete and fulfill orders and maintain their health and the safety of other drivers. This is yet another positive step for transportation providers. Traffic safety is a common and undoubtedly important topic in the scope of the transportation industry and the pandemic. Although freight trucks and semis tend to take the most criticism for an increase in accidents on highways, recent data identifies individuals’ lack of seat belt use, speeding, and/or impaired driving as the most common causes of accidents in 2020, and these behaviors are not directly related to larger vehicles on the road. While the transportation industry saw great demand during the pandemic, it overcame major safety concerns relating to their drivers. Even though the number of passenger vehicles on the roads decreased and accidents increased in 2020, the increase in accidents does not appear to be related to careless or reckless driving by truck drivers.

Transportation Lawyers Association  •  Canadian Transport Lawyers Association  •  October 2021, Vol. 23, No. 2


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