Increase compensation for motor vehicle accidents
TODAY’S ARTICLE is about risks, insurance, trucks, and regulation. The metal door plug that flew off an Alaska Airlines Boeing 737 in midair last month contributed to my decision to write about these things. The other reason was an event I witnessed. It was just as scary.
A truck was delivering bulk propane gas to premises in Kingston 8. It was a few days ago in the early afternoon. The vehicle was parked close to other vehicles in the busy parking lot of a shopping plaza in a way that did not suggest a hazardous operation was in progress. There was a long rubber hose stretching from the truck into premises nearby. There were no employees from the supplier or signage about the risks in sight.
An explosion could kill scores of persons and cause millions of dollars in property damage. The gas delivery process could be likened to the delivery of bread at supermarkets. Employees who mop the floors at these locations place yellow warning signs about slip and fall accidents.
Propane gas, which is stored under pressure, expands by a factor of 270 when exposed to the air. Static electricity is one of the risks when handling this gas, as at petrol stations.
A big fire occurred at a Mandeville petrol station nearly four years ago when one man was killed, and seven persons were injured.
United States (US) regulatory authorities placed a ban on the Boeing 737 aircraft in the immediate aftermath of the door blowout incident even though there were no fatalities. They are now carrying out intensive investigations to determine why the event occurred.
In January 2014, a petrol tanker exploded along the Mona Road in Kingston 7, causing property damage.
Despite these two incidents, petroleum industry regulators appear to have done nothing to make the public spaces safer from the risks of fire and explosion when highly combustible substances are being handled.
None of the rules of the US Propane Educational & Research Council’s Dispensing Propane Safety Training Manual (or its equivalent) were being complied with when cooking gas was being delivered.
A recent report in this newspaper suggests illicit activities in the petrol trade is sparking safety concerns with customers left in the dark.
Questions: a) Was the vehicle that I saw transporting and dispensing bulk propane gas in and around Kingston and St Andrew protected by insurance? b) What is the extent of such coverage? c) Did the regulator and/or insurer impose specific rules to prevent accidents to members of the public and their property when gas was being transported and being dispensed? d) Has the industry regulator conducted regular audits to ensure compliance with their rules and those of insurers? e) When the Motor Vehicles Insurance (ThirdParty) Risks Act became law over 80 years ago, it is unlikely to have contemplated that vehicles carrying bulk propane gas would operate on public roads. What measures have been put in place to ensure that entities that are engaged in this activity carry adequate insurance?
A tractor trailer, also known as a semi-truck or an 18-wheeler, is a large truck with a long trailer attached to the back of it. This and other types of large trucks are now common on the island’s expanding road network. No information is readily available about what this segment of vehicles represent of the total vehicle population.
What is clear, however, is that the 80-year-old law that defines the framework for motor insurance is unsuitable for semi-trucks and 18-wheelers that traverse our roadways.
Here are some sobering data from the US National Safety Council that I commend to its local equivalent body.
“NSC estimates that in 2021, large trucks were involved in 5,700 fatalities, accounting for 12 per cent of all road deaths, despite making up just five per cent of registered vehicles and logging 10 per cent of vehicle miles travelled on US roads – and despite the fact that truckers should, theoretically, be highly trained drivers with fewer crashes than the public at large.”
Jamaica’s National Road Safety Council should learn to walk and chew gum at the same time. Reducing motorcycle injuries and deaths is important. So is upgrading the training processes for all drivers, including those who transport passengers and drive semitrucks and other vehicles that carry dangerous cargo and that have the capacity to cause mayhem on our roads in the event of accidents.
Council members should also advocate for a substantial increase in the limits that now obtain under sections 5 (2) (a) and (b) and 5 (3) (a) and (b) of The Motor Vehicles Insurance (Third-Party) Risks Act.
Members of parliament and government ministers were recently granted salary increases of more than 200 per cent. There is therefore absolutely no justification why any one person and any accident limits that now apply to the innocent victims of motor vehicle accidents should not be increased to account for the inflation that has occurred over the years.
Finally, the insurance industry also has an important role to play in the design and implementation of a safer environment.
If you require assistance managing risks or solving insurance problems, Cedric E. Stephens offers free counsel and advice. To obtain information and counsel, please write to The Business Editor at business@ gleanerjm.com or contact Mr Stephens directly at. Letters and e-mails will be edited for clarity and length.