The Nation

GOLDEN, Colo — Social media is currently on fire with calls for truckers to boycott Colorado after a former trucker received 110 years in prison for a crash that killed four people in 2019. The sentence, many contend, was far too much. Rogel Lazaro Aguilera Mederos, 25, was convicted of vehicular homicide and other charges by a Jefferson County jury on Oct. 15 in connection with the April 2019 crash on Interstate 70 west of Denver, The Denver Post reported. During his sentencing on Dec. 13, Aguilera Mederos reportedly wept and said he can’t sleep and thinks about the victims “all the time.” He also said he wasn’t a criminal. Aguilera Mederos testified that the brakes on his semitrailer failed before he plowed into vehicles that had slowed because of another wreck in the Denver suburb of Lakewood. Prosecutors argued he could have used one of several runaway ramps as his truck barreled down from the mountains. The chain-reaction wreck ruptured gas tanks, causing flames that consumed several vehicles and melted parts of the highway just after it descends from the mountains west of Denver. In response to the brewing boycott, which has taken on the hashtag #NoTrucksToColorado, the Colorado Motor Carriers issued the following statement on Twitter: “Feel for driver. #NoTrucksToColorado has some info that is not accurate. Not mech. failure – brakes gave way due to inexper. driver traveling in mtns above posted speeds/ not gearing down — overheated brakes gave way. He knew of hot brakes yet bypassed runaway truck ramp.” Twitter user @Not_YouFatJesus said in support of Aguilera Mederos: “It makes me happy to see truckers standing up for the 26 year old Latino who got 110 years. That’s a ridiculous sentence for what was obviously an accident. Meanwhile you have privileged yt boys getting no jail time for pre-planned murders #NoTrucksToColorado” Twitter user @AOrtega_80 said that he and his brother “have decided that we (Brown Eagle LLC) have joined the protest and are not getting any loads  out of or to Colorado until Rogel gets justice cause 110 years is ridiculous. The company should be held accountable!” Swirls of misinformation are also appearing on TikTok and other social media platforms. A photo that purportedly showed 18-wheelers backed up for miles on a Colorado interstate in response to the Aguilera Mederos boycott was misrepresented. The trucks were gridlocked because of icy weather. And there are many who are calling out the boycott as unnecessary. “I suggest truckers and new truckers take every load available going to and from Colorado,” Twitter user @JamesonTaj wrote. “There’s a strike of #notruckstocolorado and it’s the perfect time to make extra money for the holidays. Let them protest for their criminal and let us make money #colorado #rogelaguilera” A petition to free Aguilera Mederos has appeared on the website change.org. Posted by Heather Gilbee, the petition reads: “We all know of the crash that happened on I-70 in Denver, Colorado. Most of us have heard facts in the case. Rogel Lazaro Aguilera-Mederos, 23 has nothing on his driving record, or on his criminal history. He had complied with every single request by the Jefferson County courts, and investigators on the case. Hes passed all of the drug and alcohol tests that were given including a chemical test. “This accident was not intentional, nor was it a criminal act on the drivers part. No one but the trucking company he is/was employed by should be held accountable for this accident. No, we are not trying to make it seem any less of a tragic accident that it is because yes, lives were lost. We are trying to hold the person who needs to be held responsible, responsible. The trucking company has had several inspections since 2017, with several mechanical violations. “There are many things Rogel could have done to avoid the courts, but he took responsibility showed up and severely apologized to the victims families. Some of the families even offered Forgiveness. Rogel is not a criminal, the company he was working for knew the federal laws that go into truck driving but they failed to follow those laws. Rogel has said several times that he wishes he had the courage to crash and take his own life that day, this tragic accident wasn’t done with Intent, it wasn’t a criminal act, it was an accident. Since he has been sentenced, i have changed this to granting Rogel clemency or commutation-as time served.” So far, more than 2.7 million people have signed the petition.

WASHINGTON — Citing the importance the trucking industry plays in the American economy, the Biden Administration on Thursday rolled out the Truck Action Plan, pledging help during one of the most challenging times ever for the nation’s supply chain. “Trucking plays a critical role in the U.S. supply chain and economy,” a White House news release stated. “America’s truck drivers have been on the frontlines of this pandemic, delivering goods to every corner of this country. Seventy-two percent of goods in America are shipped by truck, and in most communities, trucks are the only form of delivery. A strong, stable, and safe trucking workforce that offers good-paying jobs to millions of truck drivers is a critical lifeblood of our economy. But outdated infrastructure, the COVID-19 pandemic, and a historic volume of goods moving through our economy have strained capacity across the supply chain, including in trucking.” Steps the president and his team said will be immediately taken are: Reducing barriers to drivers getting CDLs; Introducing a 90-day challenge is a national effort to recruit employers interested in developing new registered apprenticeship programs and expanding existing programs to help put more well-trained drivers on the road in good trucking jobs; Conducting veterans-focused outreach and recruitment; and Supporting drivers and ensuring that trucking jobs are good jobs is foundational for a strong, safe, and stable trucking workforce. Expanded details about these measures are explained later in this article. In the next 30 days, the White House is pledging that: The Department of Labor (DOL) and Department of Transportation (DOT) will kick off listening sessions with drivers, industry and labor leaders, along with advocates, to hear their perspectives, profile promising practices and source scalable solutions to retention and job quality issues for truckers. The first events in this series are happening today in South Carolina with Transportation Secretary Pete Buttigieg, Deputy Administrator Meera Joshi and representatives from DOL and at the White House co-chaired by Buttigieg, Labor Secretary Marty Walsh and National Economic Council Director Deese. The Federal Motor Carrier Safety Administration (FMCSA) will issue funding opportunities for states to streamline CDL processing and reduce testing delays. The DOL, DOT and intermediary partners will work closely with committed trucking employers to launch the first group of apprenticeship challenge programs. The FMCSA and DOL will begin an in-depth study of driver compensation, as part of the Bipartisan Infrastructure Law, to examine truck driver pay, including the time drivers spend waiting to pick up or drop off freight without getting paid. The DOL’s VETS and the Department of Veteran Affairs will organize a meeting with Veterans Service Organizations and Military Service Organizations to discuss opportunities to employ veterans in the trucking industry, including leveraging Veteran Affairs’ education and training benefits. In the next 60 days, the White House is pledging: Acknowledging that safety is the highest priority for truck drivers, FMCSA will launch a pilot for drivers ages 18-21 as mandated by the Bipartisan Infrastructure Law, incorporating Registered Apprenticeships to ensure rigorous training standards and pairing each young driver with an experienced mentor. This would allow drivers under 21 to haul freight across the nation. DOL and DOT will host a series of national Apprenticeship Accelerator meetings to help more firms develop new programs and release a quick-start toolkit for apprenticeships in the trucking sector. DOL’s Veterans’ Employment and Training Service (VETS), DOL Employment and Training Administration and DOT’s FMCSA will conduct a roundtable to discuss efforts to facilitate a CDL for transitioning service members and veterans. The meeting will include representatives from the United Services Military Apprenticeship Program as well as Veterans Affairs. In 2021, VETS initiated and implemented Employment Navigator and Partnership Pilot (ENPP) to more effectively assist transitioning service members with the establishment of career goals and to connect them with best-in-class employment partners to facilitate positive employment outcomes. ENPP is currently at 16 military installations. DOL will expand the Employment Navigator and Partnership Pilot (ENPP) program to now include the trucking industry. And during the next 90 days: The Department of Labor will announce the results of the 90-day Apprenticeship Challenge and announce new partnerships to continue to expand apprenticeships in the trucking industry. DOT and DOL will launch the task force dedicated to promoting the recruitment, inclusion and advancement of women in trucking established in the Bipartisan Infrastructure Law. This task force will be the first of many strategies to help build the pipeline and diversify the trucking workforce. DOT and DOL will launch the task force to investigate predatory truck leasing arrangements that dissuade drivers from entering or staying in the industry established in the Bipartisan Infrastructure Law. DOT and DOL will deliver a comprehensive action plan, informed by its series of listening sessions, outlining any further administrative and regulatory actions the Administration can take to support quality trucking jobs. The Truck Action Plan is part of the Biden-Harris Administration’s Supply Chain Disruptions Task Force, launched in June to address near-term supply chain bottlenecks as the economy rapidly reopened following the Administration’s historic vaccination and economic relief efforts. The task Force is co-chaired by the secretaries of commerce, transportation and agriculture to lead a whole of government effort to address these disruptions. The task force has been convening stakeholders to diagnose problems and surface solutions—large and small, public or private—that will help alleviate bottlenecks and supply constraints, in order to minimize the impacts on workers, consumers and businesses, and bolster a strong economic recovery. The news release noted that the pandemic exacerbated longstanding workforce challenges in the trucking industry, including high turnover rates, an aging workforce, long hours away from home, and time spent waiting–often unpaid–to load and unload at congested ports, warehouses and distribution centers. According to one estimate, long-haul full-truckload drivers only spend an average of 6.5 hours per working day driving despite being allowed to drive a maximum of 11 hours. That means about 40 percent of their capacity is not being used. Many truckers also bear the burden of gas, insurance and maintenance costs, which reduces their take home pay, creating significant challenges in recruiting and retaining drivers with the right credentials and experience into today’s trucking jobs. At the same time, the industry reports historic demand for its services. Reflecting that demand, wages for employed drivers in all trucking segments have increased 7-12% in the last year alone, but employment in some segments is still below pre-pandemic levels. “The administration is taking action, and now we are asking industry, labor and all levels of government to partner with us to address these trucking workforce challenges and begin building a next generation trucking workforce,” the White House news release stated. “A stronger trucking workforce is one where trucking jobs are good, safe and stable — jobs that employers can attract a new generation of drivers into while retaining existing drivers to deliver for clients and grow their businesses. The nation’s trucking workforce also demands clear, debt-free paths into these good jobs through high-quality training, such as Registered Apprenticeships, which prepare trainees and provide employers with a steady pipeline of skilled, safe and experienced drivers.” IMMEDIATE ACTIONS EXPLAINED Take steps to reduce barriers to drivers getting CDLs: DOT and the FMCSA are supporting state departments of motor vehicles as they return to—or even exceed—pre-pandemic commercial driver’s license (CDL) issuance rates, which is helping bring more truck drivers into the field. FMCSA will provide over $30 million in funding to help states expedite CDLs. On Thursday, the FMCSA sent all 50 states a toolkit detailing specific actions they can take to expedite licensing and will work hand-in-hand with states to address challenges they are facing. FMCSA will also begin closely tracking delays, identifying states that have challenges with issuing CDLs and communicating with all 50 governors about ways they can reduce delays in issuing CDLs. In 2021, on average, more than 50,000 CDLs and Learners Permits have been issued each month, which is 20% higher than the 2019 monthly average and 72% higher than the 2020 monthly average. In fact, by the end of October 2021, states had issued more licenses and permits than in all of 2019. While backlogs and delays exist in some States, they can be cleared by using proven strategies. For example, using these tools this past summer, New York reduced testing delays by 37%. California recently expanded hours and locations and increased the number of personnel who can administer the road test. North Carolina increased the availability of testing appointments, and Texas has expanded hours, testing capacity and shifted much of the process online. “There is more work to do, and FMCSA is using the levers of government to make it easier for truck drivers to get their CDLs, while also taking actions to address retention issues,” the news release stated. Kick off a 90-day Challenge to accelerate the expansion of Registered Apprenticeships:  This 90-day challenge is a national effort to recruit employers interested in developing new Registered Apprenticeship programs and expanding existing programs to help put more well-trained drivers on the road in good trucking jobs. Trucking employers of all sizes and across industry segments——from long haul to last mile, from cargo containers fresh off of ships to tank trucks transporting essential fuel – are seeing the potential value of Registered Apprenticeship. Registered Apprenticeship is the gold-standard of workforce training that provides paid, on-the-job learning, and today there are more than 10,000 apprentices in the trucking industry. Expanding this proven workforce strategy in trucking is critical for ensuring high-quality training for new drivers and helping employers develop and retain a skilled and safe workforce.  For employers ready to step up, DOL and national partners will help accelerate new program development in as little as two days. To kick off the Challenge, DOL is announcing today: FASTPORT, a DOL-funded national apprenticeship intermediary partner with a focus on the transportation sector, is committing to work with trucking employers, unions, and industry associations to establish Registered Apprenticeship programs for their organizations in as little as 48 hours. DOL’s Office of Apprenticeship’s (OA) consultants located across the country will be available to assist organizations interested in starting a new program or joining an existing program. OA launched a 90 Day Apprenticeship Trucking Challenge website for interested employers, unions and intermediaries to express their interest in developing Registered Apprenticeship programs to meet their workforce needs. DOL is investing $8 million in more national apprenticeship intermediaries who can help employers start registered apprenticeships in trucking and other supply chain industries. EVO Trucking, D.M. Bowman, Yellow Corporation, Florida Rock and Tank, Total Transportation and CRST are committing to launch, expand and work with our Administration on a Registered Apprenticeship through our Accelerator. The White House said it will be working with the Trucking Alliance and the American Trucking Associations, who will help engage their members on the value of a Registered Apprenticeship to support quality, safety and retention. Conduct veterans-focused outreach & recruitment: There are approximately 70,000 veterans who are likely to have certified trucking experience in the last five years. The DOL Veterans’ Employment and Training Service (VETS) and the Department of Veterans Affairs (VA) will work with Veterans Service Organizations, Military Service Organizations, unions, industry trucking associations, training providers and private partners to enable transitioning service members and veterans to attain good jobs in the trucking industry. DOL and VA will work to ensure veterans’ driving experience is recognized for those seeking a CDL and will build on proven models, such as SkillBridge programs for transitioning service members. This includes: Expanding outreach with partners and stakeholders in the veteran employment space to support veteran career pathways into the trucking industry. Helping employers seeking CDL drivers connect with federal, state and other resources to facilitate connecting those employers to job-seeking veterans. Expanding partnerships between the Employment Navigator and Partnership Pilot (ENPP) to the trucking industry to more effectively assist transitioning service members with the establishment of career goals and to connect them with best-in-class employment partners to facilitate positive employment outcomes. Exploring use of the Off-Base Transition Training Pilot Program (OBTT) to extend employment readiness curriculum to connect veterans, National Guard and Reserve members and their spouses to a career path in trucking. Amplify VA programs that provide truck driving and related training to include the Veteran Readiness & Employment (VR&E) program and the Veteran Rapid Retraining Assistance Program (VRRAP). VA currently offers 120 approved commercial driving programs to veterans eligible for the VRRAP program, of which 31 are currently being used. More than 8,400 commercial driving programs are approved for use by eligible veterans under the GI Bill. Launch joint DOT- DOL Driving Good Jobs initiative: Supporting drivers and ensuring that trucking jobs are good jobs is foundational for a strong, safe and stable trucking workforce.   DOT and DOL are announcing today the launch of the joint Driving Good Jobs initiative, which marks a new partnership between the agencies that will include: hosting listening sessions that engage drivers, unions and worker centers, industry and advocates; lifting up employers and best practices that support job quality and driver retention that can be scaled; working together to implement research and engagement efforts outlined in the Bipartisan Infrastructure Law, including studying the issue of truck driver pay and unpaid detention time; identifying effective and safe strategies to get new entrants in the field from underrepresented communities, including women and young drivers between the ages of 18-20; setting up a task force to investigate predatory truck leasing arrangements; and identifying longer term actions, such as potential administrative or regulatory actions that support drivers and driver retention by improving the quality of trucking jobs.    

REDDING, Calif. — Heavy snow, blizzard conditions and stuck vehicles prompted the closure of a portion of the West Coast’s major interstate linking California to Oregon as the latest of back-to-back storms pushed through, authorities said. Interstate 5 was closed north of the city of Redding on Wednesday afternoon and had not reopened early Thursday, according to the California Department of Transportation, known as Caltrans. Redding is about 200 miles (320 kilometers) north of San Francisco. There was no estimated time for reopening because highway and utility crews were still assessing the roadway, removing hazardous trees and restoring power lines, said Haleigh Pike, a Caltrans spokesperson. The Oregon Department of Transportation tweeted Wednesday evening that it closed southbound lanes of I-5 starting in the city of Ashland at the request of California officials. Winter storm warnings or advisories were expected to remain in effect through midmorning Thursday in parts of Northern California, Oregon and Nevada, followed by lingering rain and snow showers, forecasters said. South of San Francisco, a 40-mile (64-kilometer) stretch of the scenic Highway 1 in the Big Sur area reopened Wednesday evening after storm damage was cleaned up. Storms this week have dumped large amounts snow in the mountains of drought-stricken California’s mountains and drenched lower elevations with heavy rain.

WASHINGTON — The American Transportation Research Institute (ATRI) has released its annual list of the nation’s top 100 truck bottlenecks, with Fort Lee, New Jersey’s Interstate 95 and State Road 4 junction topping the list. ATRI compiles the list based on the analysis of a massive database of truck GPS data “to quantify the impact of traffic congestion on truck-borne freight,” a news release stated. “Highway bottlenecks cost the trucking industry more than $75 billion each year, contributing to the recent surge in inflation and driving down supply chain efficiencies,” said Bill Sullivan, executive vice president of advocacy for the American Trucking Associations. “The TRIP report provides some of the starkest evidence yet of the dire consequences of underinvestment in our nation’s most critical infrastructure. IIJA provides the greatest opportunity in a generation to address these deficiencies and addressing highway freight bottlenecks must be given the highest priority by federal and state departments of transportation.”

MAYFIELD, Ky. — Kentucky’s workplace safety agency will look into the deaths of eight people who were killed at a candle factory during the violent weather that spawned tornadoes in five states, the governor said Tuesday. Meanwhile, the federal Occupational Safety and Health Administration announced Monday that it had opened an investigation into the collapse of the Amazon warehouse in Edwardsville, Illinois. A truck driver was one of six who died at the Amazon facility. Gov. Andy Beshear told reporters that the Kentucky Division of Occupational Safety and Health Compliance would undertake a monthslong review of the deaths, which happened at the Mayfield Consumer Products factory as storms raked the area starting Friday night. The governor said that such reviews are done whenever workers are killed on the job. “So it shouldn’t suggest that there was any wrongdoing. But what it should give people confidence in, is that we’ll get to the bottom of what happened,” he said. State and local officials say the company told them that all other workers have been accounted for. Initially, authorities feared a much higher death toll at the factory because dozens of employees were working late to make candles for holiday orders. But Louisville Emergency Management Director E.J. Meiman said late Monday that authorities now “have a high level of confidence that nobody is left in this building.” Mayfield, home to 10,000 residents and the candle factory, suffered some of the worst damage in the country. Beshear’s comments come as workers, volunteers and members of the National Guard fanned out in Kentucky to start the long recovery process. The tornado outbreak that killed at least 88 people — 74 of them in Kentucky — cut a path of devastation that stretched from Arkansas, where a nursing home was destroyed, to Illinois, where the Amazon distribution center was heavily damaged. Across Kentucky, about 24,000 homes and businesses were still without electricity Tuesday, down slightly from the day before, according to poweroutage.us. The tornadoes also killed at least six people in Illinois; four in Tennessee; two in Arkansas, where the governor said nursing home workers shielded residents with their own bodies; and two in Missouri. Back in Illinois at the Amazon warehouse, Labor Department investigators won’t provide updates until the investigation is complete, a spokesperson said. At a recent press conference, Illinois Gov. J.B. Pritzker said state investigators were examining whether the building was properly constructed. At least 45 Amazon employees were safely evacuated. Amazon said the collapsed building was a delivery station that facilitated “last-mile” shipments for customers. About 190 workers are employed at the facility. The Trucker Staff contributed to this report.

WASHINGTON – The Biden administration has released an ambitious federal strategy to build 500,000 charging stations for electric vehicles across the country and bring down the cost of electric cars with the goal of transforming the U.S. auto industry. “The future of transportation in our nation and around the world is electric,″ Vice President Kamala Harris said at an EV charging facility in suburban Maryland on Monday. “We want to make electric vehicles accessible for everyone. Absolutely make it accessible for everyone and easy. Just like filling up your car with gas.” Meanwhile, U.S. Secretary of Energy Jennifer M. Granholm and U.S. Secretary of Transportation Pete Buttigieg on Wednesday signed a memorandum of understanding to create a Joint Office of Energy and Transportation that will help facilitate that plan. The office will support the deployment of $7.5 billion from the President’s Bipartisan Infrastructure Law to build out a national electric vehicle charging network with a focus on filling gaps in rural, disadvantaged and hard-to-reach locations, according to a news release from the U.S. Department of Energy. “This is a critical component of the President’s plan to accelerate the adoption of electric vehicles, address the climate crisis and support domestic manufacturing jobs,” the news release stated. President Biden’s Bipartisan Infrastructure Law directs both agencies to collaborate on new programs and initiatives, including the new joint office, that will support the transition of the nation’s transportation systems, which currently accounts for 29% of all U.S. carbon pollution, to electric vehicles and other zero-carbon technologies. “We are embarking on a transformative path to modernize the way we get to around in this country, making sure all Americans have the option to choose electric vehicles and spend less at the pump while making our air healthier,” Granholm said. “Our two agencies will work together to deliver on President Biden’s historic investments in the Bipartisan Infrastructure Law, starting today with a joint project to build hundreds of thousands of electric vehicle charging stations, to tackle the climate crisis and create manufacturing and construction jobs at the same time.” Buttigieg said that “Transportation is responsible for the most greenhouse gas emissions of any sector in our economy – so it can and must be a big part of the solution to the climate crisis. With this announcement by DOT and DOE, we are taking a big step forward on climate by helping make the benefits of EVs more accessible for all Americans.” The Joint Office will help to accelerate effective deployment of a convenient, reliable, affordable, and equitable national network of charging stations. The Office will provide technical assistant to States and localities so that they can strategically build electric vehicle charging stations and other infrastructure. This assistance will include helping states develop comprehensive plans for charging station networks to guide the implementation of the $7.5 billion program. Both agencies are tasked with implementing investments in zero-emission vehicle passenger, transit and heavy-duty vehicles that create cleaner and more affordable transportation options for all Americans. These investments support President Biden’s executive order in August setting a national goal of half of all new vehicles sold in the United States being electric by 2030. The early work of the Joint Office of Energy and Transportation will be largely centered on EV charging provisions of the Bipartisan Infrastructure Law, including: Supporting the development of guidance and standards for the Bipartisan Infrastructure Law’s electric vehicle charging programs. Providing technical assistance to state and localities to strategically deploy EV charging infrastructure and provide the data and tools needed to help develop state EV charging plans. Providing technical expertise and assistance to other transportation electrification programs. “In response to the lack of electric vehicle charging infrastructure in traditionally underserved communities, the Joint Office will provide technical assistance and analytical support to states as they develop electric vehicle charging plans to ensure this investment contributes to the Administration’s Justice40 Initiative, which requires delivering at least 40% of the benefits from Federal climate and clean energy investments to underserved communities,” the news release stated. “To grow the clean transportation workforce and accelerate the construction of charging stations across the country, the Office will support career training and certification programs to strengthen career pathways for Americans and create good-paying jobs that will lead the transition to cleaner, more sustainable future.” The auto and trucking industries are already moving toward electric vehicles, Harris added: “We need to make the shift faster and make sure it is driven by the United States.″ When public chargers are installed in rural, urban or suburban neighborhoods, “we make it easier for people to go electric,″ Harris said, adding that the biggest barrier most people cite to buying an electric car is “figuring out where and how to charge it.″ People who live in apartments may not have a private driveway where they can install a plug, she said, while rural residents may have to drive miles to the nearest charger. Harris visited a maintenance facility in Brandywine, just outside Washington, where she received a demonstration of how chargers work and learned about a plan to electrify the government fleet in Maryland’s Prince George’s County. “There’s no sound or fume!” Harris exclaimed as she charged one of the county’s vehicles. “How do I know it’s actually working?” she asked with a laugh. The car is fully charged when the display is a steady green, said Mahidhar Reddy, CEO and founder of SemaConnect, a Maryland company that made the charging station. Biden has set a goal that electric cars and trucks account for half of new vehicles sold by 2030. The LMC Automotive consulting firm expects U.S. sales of new fully electric vehicles to hit nearly 400,000 this year, almost double last year’s figure. EVs still make up only about 2.6% of sales, but the firm expects sales to grow to more than 730,000 next year and more than 2 million by 2025. Even at 2 million, EV sales still would be only about 12% of U.S. new vehicle sales. Republicans, including some who voted in favor of the new infrastructure law, have criticized Biden for being preoccupied with electric vehicle technology when Americans are contending with a spike in gasoline and natural gas prices. Republicans and Sen. Joe Manchin, D-W.Va., also criticize a proposal in the Democratic bill that would offer an additional $4,500 tax credit for a vehicle made at a U.S. plant that operates under a union-negotiated collective bargaining agreement. Louisiana Rep. Steve Scalise, the No. 2 House Republican, called the plan a “handout to union bosses” that would penalize car makers with non-union workers. Biden last month ordered a record 50 million barrels of oil released from America’s strategic reserve, in coordination with other major energy consuming nations. Gas prices have fallen in recent weeks as fears grow of another possible economic slowdown from the ongoing coronavirus pandemic. The Associated Press contributed to this report.

LINCOLN, Neb. — Nebraska’s current governor and those who want to succeed him are in a spat over the quality of the Cornhusker State’s roads. Gov. Pete Ricketts, who is term-limited and cannot run for re-election, took exception to gubernatorial candidate Jim Pillen’s comments that the state’s roads were “not that bad.” Ricketts describes Nebraska’s 194,000 miles of roadways as “high-quality,” according to the Nebraska News Channel (NNC). Nebraska’s highway system ranks 21st in the nation in overall cost- effectiveness and condition, according to the Annual Highway Report released in November by the Reason Foundation. This is a nine-spot decline from the previous report where the state ranked 12th. Nebraska ranks 48th in urban arterial pavement condition with 28.07% of pavement in poor condition. Nebraska has more than four times as much poor condition urban arterial pavement as peer states Kansas and South Dakota. Rural fatality rate is another weakness, with Nebraska having twice the rural fatality rate as South Dakota but a similar fatality rate to Kansas. Rural arterial pavement quality could be improved. Nebraska has 1.5 times the percentage of rural arterial pavement as South Dakota and five times as much as Kansas. Nebraska could also reduce its percentage of structurally deficient bridges. The state has twice the percentage of structurally deficient bridges as Kansas, although it does have less than South Dakota. In safety and performance categories, Nebraska ranks 31st in overall fatality rate, 35th in structurally deficient bridges, second in traffic congestion, 21st in urban Interstate pavement condition, and 29th in rural Interstate pavement condition. Nebraska spends $36,173 per mile of state-controlled road. Nebraska is 11th in total spending per mile and 10th in capital and bridge costs per mile. Nebraska’s best rankings are in administrative disbursements per mile (second) and traffic congestion (second). Nebraska’s worst rankings are in urban arterial pavement condition (48th) and in rural fatality rate (39th). Nebraska commuters spend 2.88 hours stuck in traffic congestion, ranking second in the country. Nebraska’s state-controlled highway mileage makes it the 30th largest highway system in the country. NNC reported that all six statehouse hopefuls were asked to name their priorities when it comes to spending some $3 billion in federal funds heading to Nebraska. The cash following Congress’ recent passage of the Biden Infrastructure Law. State Sen. Brett Lindstrom of Omaha called the state’s four-lane highways deficient, while lesser-known candidate Breland Ridenour of Elkhorn said, “Nebraska is known for being the state with horrible roads, we need better roads.” To double down on the issue, Ricketts took to Twitter to thank the Nebraska Department of Transportation for maintaining “our high quality roadways.” He also noted that, “U.S. News and World Report ranks Nebraska #9 in the nation for road quality. QuoteWizard.com puts us #5 in the nation for best road infrastructure.”      

DENVER — A federal judge in Michigan has ruled in favor of a trucking firm and a private security agency by striking down a trucker’s lawsuit that alleged negligence before his trailer exploded. U.S. District Judge Stephen J. Murphy on Dec. 6 threw out claims against Quality Carriers and G4S Secure Solutions, saying the undisputed facts of the case can’t show that either company was liable for his injuries. A third defendant, Marathon Petroleum Co. LP, did not file a motion for summary judgment and remains involved in the suit. According to the suit, Stewart, a truck driver, was an independent contractor for Quality Carriers, which in turn was hired by Marathon to transport chemicals in 2015 from its Detroit facility to Texas. Marathon had also hired G4S as security for the facility, according to a report on Law360. “Before the chemicals were to be loaded into Stewart’s truck, he was instructed by QC to have his truck prepared with a caustic wash, but because of an equipment glitch, the wrong substance was used,” Law360 reported. “After Stewart left the facility, the substance reacted with the chemical Stewart was hired to haul, causing the explosion.” Stewart had made 11 claims against G4S, alleging that it negligently allowed the wrong chemical to be loaded and otherwise failed to prevent him from leaving the plant with the compromised truck, but Murphy said the facts don’t support any of his claims. Murphy wrote that G4S was not in charge of the chemicals or their distribution but was hired instead to provide perimeter security and guard against terrorist and other attacks, while Marathon had the authority and expertise over the chemicals being loaded. While G4S personnel were issued chemical detectors by Marathon, Stewart’s allegation that they failed to report that the detectors issued an alert is contradicted by the record evidence, which shows that G4S personnel did indeed report the alert to Marathon, and alerted both Marathon and Stewart about an “abnormal smell” coming from the truck, which was all G4S was expected to do. “G4S did not select the tanker. G4S did not load the tanker,” Murphy wrote. “G4S did not fail to notify Plaintiff of the suspicious sounds and smells emanating from the tanker. G4S did not clear the tanker to leave the refinery, and G4S was never designated as the point of contact once the tanker left the refinery.” Continuing to Quality Carriers’s separate motion for summary judgment, Murphy said its conduct is even further removed from the cause of Stewart’s injuries, as its first contact with the situation was when Stewart called the company after finding a leak, which he described as “not too bad at first” after leaving the facility. QC could not have foreseen any problems with the tanker, the judge wrote, as it believed the tanker had been cleaned with the correct chemical. In addition, because company personnel was not near Stewart, there was little it could directly do to prevent injury, according to the order. The judge noted further that Quality Carriers had instructed Stewart to contact an emergency responder, and that responder told him to move away from the tanker after he reported the leak, but Stewart remained in the cab to make phone calls, and thus was injured when the truck exploded. “Although QC did have a safety relationship with Plaintiff that prompted the Plaintiff’s phone call to QC, QC’s conduct could have only helped Plaintiff if he had followed the instructions of the emergency response personnel,” Murphy wrote. “Plaintiff’s choice to stay near the tanker was his own, and QC cannot be blamed for the injuries that resulted from it.” The judge referred the remainder of Stewart’s claims, which are against Marathon, to a mediator because of the ongoing delay of in-person jury trials resulting from COVID-19. Russell W. Porritt II of Ward Anderson, representing Quality Carriers, told Law360 that the company did not belong in the case and that “justice was done.” He added that Stewart did not complain of an injury at the scene of the explosion and returned to work full time years ago. Law360.com contributed to this report.

WASHINGTON – Many in the trucking industry are heralding the proposed Highway Accident Fairness Act as a way to improve the safety of truckers and motorists on the nation’s highways. Led by Representatives Henry Cuellar, D-Texas, and Garret Graves, R-La., the recently introduced bill would also “better protect trucking companies from the financial burdens of defending against or settling fraudulent insurance claims resulting from staged collisions,” according to a news release from Cuellar’s office. The release further stated that truckers are often “the target of staged collisions, which puts both civilian and truckers in serious danger. The trucking companies and local law enforcement are then subject to significant financial burdens from the emergency response and litigation fallout. This bill closes these loopholes and ensures that highways remain safe economic and civilian transit corridors.” Indeed, a report earlier this year by the American Transportation Research Institute showed that once “uncommon and unsophisticated,” fraudulent activity targeting motor carriers and commercial drivers is now a “serious and pervasive threat to the trucking industry. Fraud against trucking companies often comes in the form of staged accidents in which “entire teams involving medical and legal stakeholders as well as fake victims and spotters often work together,” the ATRI report noted. Chris Spear, president and CEO of the American Trucking Associations, thanked Cuellar and Graves for their efforts, calling the measure a “common-sense bill to curb rampant lawsuit abuse against the trucking industry.” “Staged accidents, third-party litigation financing, and disproportionate nuclear verdicts are perverting civil justice into a profit center, jeopardizing highway safety and adding more costs and strain to our nation’s supply chain,” Spear said. “This legislation would restore balance and fairness to the system and help ensure justice drives accident litigation – not profiteering and windfalls.” Specifically, the Highway Accident Fairness Act of 2021 would: Assure fair and prompt recoveries for highway accident victims with legitimate claims; Provide for federal court jurisdiction over interstate cases of national importance; Maintain stability in the movement of interstate commerce and protect the public from the safety hazard of staged collisions; Provide transparency when litigation finance companies invest in highway accident lawsuits as a profit-making opportunity; Protect motor carriers and insurers from the financial burdens of defending against, settling or being found liable for fraudulent claims that result from staged collisions; and Protect law enforcement agencies from expending resources dealing with the aftermath of staged collisions. “Highways are a significant component of our economic supply chain,” Cuellar said. “Every single day, goods flow across states to get food on shelves and products in homes. We must commit ourselves to keeping these transit corridors open and safe all year round. “That is why we must pass this important legislation protecting our truckers from staged collisions that cause dangers for civilians on the road and economic problems for trucking companies provided an essential service. Thank you to Rep. Graves and the American Trucking Association for their support.” Graves said that in his state, drivers pay some of the highest insurance rates in America. “This is unacceptable, and the solutions don’t require rocket science,” he said. “Our bill will prevent criminal rings from further increasing the cost to drive and do business in Louisiana. One $4.7 million settlement caused all of our insurance rates to go up. Our legislation cracks down on fraudulent claims, increases safety on the roads, and will help to lower insurance rates for drivers. Thanks to Rep. Cuellar for joining the effort, the American Trucking Association, and all those supporting.”    

GOLDEN, Colo. — A truck driver accused of causing a fiery pileup that killed four people and injured six others on a Colorado highway has been sentenced to 110 years in prison. Rogel Lazaro Aguilera Mederos, 25, was convicted of vehicular homicide and other charges by a Jefferson County jury on Oct. 15 in connection with the April 2019 crash on Interstate 70 west of Denver, The Denver Post reported. During his sentencing on Monday, Aguilera Mederos reportedly wept and said he can’t sleep and thinks about the victims “all the time.” He also said he wasn’t a criminal. Aguilera Mederos testified that the brakes on his semitrailer failed before he plowed into vehicles that had slowed because of another wreck in the Denver suburb of Lakewood. Prosecutors argued he could have used one of several runaway ramps as his truck barreled down from the mountains. The chain-reaction wreck ruptured gas tanks, causing flames that consumed several vehicles and melted parts of the highway just after it descends from the mountains west of Denver. Aguilera Mederos was found guilty of six counts of vehicular homicide, six counts of first-degree assault, 10 counts of attempted first-degree assault, six counts of careless driving and one count of reckless driving. Jurors acquitted him of 15 additional counts of attempted first-degree assault. The truck carrying lumber was going at least 85 mph on a part of Interstate 70 where commercial vehicles are limited to 45 mph because of a steep descent from the Rocky Mountain foothills, according to investigators. The initial impact caused a 28-vehicle chain-reaction wreck that ruptured gas tanks, causing flames that consumed several vehicles and melted parts of the highway just after it descends from the mountains. Just before the crash, police said the truck traveled past a ramp on the side of the interstate that is designed to safely stop trucks and other vehicles that have lost their brakes. Aguilera Mederos testified at trial that he tried to hit part of a parked 18-wheeler’s trailer to slow down and sought a space between traffic.