Beyond Exoneration, Cameras Reduce Exposure to Nuclear Verdicts

Excessive verdicts in the United States have spread like wildfire on a hot windy day. This trend has put any fleet that does not use best-in-class safety practices in the path of potential devastation.

According to the American Transportation Research Institute (ATRI), their 2020 study “Understanding the Impact of Nuclear Verdicts on the Trucking Industry” found:

• From 2015-2019, there were nearly 300 cases over $1million; and
• From 2010-2018, the number of verdicts over $10 million nearly doubled and the dollar amount of awards grew 51.7% annually.

If you are only using camera footage to exonerate drivers and want to be defendable in the face of costly litigation, use these four steps to build a best-in-class safety program.

1. Obtain leadership support.

Leadership’s attitudes, values, and beliefs drive a company’s culture. Collaboration with the executive team is imperative to create a proactive safety program. Leaders must uphold policies and best practices that keep safe, all employees, including construction equipment transport drivers, and the public.

From the 2024 J. J. Keller & Associates, Inc. Customer and Market Insights Fleet Manager survey, 51 percent of fleet managers indicated that the most significant determinant of running a safe operation was that their leadership consistently shows that safety is important.

2. Develop and enforce policies and procedures that exceed regulations.

Another significant finding in the 2020 ATRI study was that pre-crash actions by carriers are critical. Plaintiff and carrier defense attorneys agreed that “crash avoidance is EVERYTHING.” They also agreed that carriers must always follow policies and procedures and should exceed the regulations.

Policies and procedures are the safety management controls that when consistently enforced, guide your team to stay compliant, maintain company safety standards, and drive improvement.

3. Use video in a corrective action training (CAT) program.

A plaintiff’s attorney in post-crash litigation can claim negligence if there is any failure to follow policies, procedures, or reasonable practices that find, coach, and remediate high-risk behavior.

Timely detection and correction of unsafe behavior through video-based coaching:

• Avoids crashes and violations,
• Reduces potential liability, and
• Improves retention.

A well-designed CAT program will also align with state labor laws, contracts, and any union agreements.

4. Share safety improvements.

To obtain an insurance policy renewal at the lowest possible premium, a carrier must be able to share with an underwriter:

• The level of risk regarding recent crash and loss experience,
• The root cause of severe crashes and high-frequency minor crashes, and
• The actions to address those root causes and to improve the safety program.

Drivers are also stakeholders in your company’s safety efforts. Share safety successes with the entire team to build momentum and transform the culture.

In closing, a best-in-class fleet safety program driven by video-based coaching can protect your business against excessive verdicts and improve hiring and retention.