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truck accident procedure

No one wants to manage cargo claims or contract disputes, and a nuclear verdict in a catastrophic accident is a trucking nightmare. Unfortunately, if you’re in the industry long enough, there’s a good chance you will find yourself handling accident claims. To protect your driver and your company in the event of litigation, make sure you have a strong truck accident procedure in place well before it’s needed.

1. Establish A Clear Internal Procedure

Eric Zalud, Partner and Associate Chairman of the Litigation Department and Chairman of the Transportation & Logistics at Benesch Law

Eric Zalud, Benesch Law

Once an accident occurs, you’re working against the clock. It’s critically important to have laid the groundwork beforehand. We spoke with Eric Zalud, Partner and Associate Chairman of the Litigation Department and Chairman of the Transportation & Logistics at Benesch Law. He emphasized the importance of the “Golden Hour” and arguably a golden first few days.

These hours immediately after the incident are critically important for collecting evidence, alerting key members of your response team, and handling medical emergencies. If a lawsuit occurs, it may not happen immediately, so it’s important to preserve any information that may support your case as close to the time of the incident as possible.

One of the best ways to ensure that accidents are handled smoothly and efficiently is to establish a clear communication tree. Zalud notes that this often starts with the driver contacting the safety manager who then takes the lead in the rapid response efforts. In some companies, the in-house counsel or even the company CEO may lead the accident response efforts. You should also be prepared with a team of responders who help form the line of defense.

When asked who companies should keep in their rapid response Rolodex, Zalud recommended:

  • Approved legal counsel
  • Insurance carrier
  • Engineer
  • Hazmat unit
  • Truck manufacturer
  • Toxicologist
  • Company media spokesperson

Not all fleets need to have all of the listed resources in-house. For smaller fleets, maintaining an updated preferred provider list is a good accident response option. Any necessary responders should be contacted as quickly as possible after the crash to resolve the accident scene and preserve evidence for a later date.

2. Facilitate Driver Practice

Accidents are highly stressful situations, and even the best truck accident procedure in the world can’t perfectly predict human behavior. Drivers need to practice their role in the event of an accident so that they don’t freeze and forget important details. One method for training drivers is to use dashcam footage from previous accidents to proactively review safety procedures. This can be done either in group training or for the individual driver. Zalud notes that “drivers often are receptive to [the footage]. They get interested in what the camera is showing. That type of training also helps prevent accidents and also helps minimize liability.”

Safety incentive programs are another good way to encourage drivers to practice safe driving behavior. In addition to safe driver training, have drivers practice taking photos as documentation in the event of an accident. Drivers should use their phones for documentation only after the accident has occurred and they have secured the situation. As a baseline, drivers should photograph all vehicles involved, license plates and VIN numbers, regular and close-up shots of the damages, and pictures of the surrounding area and road conditions. Additional photos may be needed depending on the type of accident.

Drivers may be concerned about the repercussions of an accident on their job. Communicate that the best thing they can do is report the incident quickly and thoroughly without being overly defensive. Drivers should also receive clear instructions on what information to communicate to the safety manager and to any external responders.

3. Meticulously Document Accidents

A strong truck accident procedure includes detailed documentation from before and after the accident. It is the responsibility of the safety manager and/or your in-house counsel to keep current in HOS and FMCSA regulations as well as local, state, and municipal regulations and ordinances. Zalud adds that equipment information, maintenance records, and inspection data should all be part of systematically developed backdrop information that can help contextualize the accident. Safety managers should also have accurate records on all driver activity related to safety, including driver training, maintenance records logged and documentation of all pre-trip and post-trip inspections. 

In addition to traditional safety training and documentation, telematics and big data are becoming increasingly critical in accident proceedings. Outward-facing dash cams are standard equipment now, and they often help clarify the events of a truck accident. When asked about the role of dashcam footage in accidents, Zalud shared:

“Number one, they’re exonerative… That can kill many lawsuits in their embryonic phases. [On the other hand, if you are at fault,] knowing that can affect your dealings with the claimant or his or her counsel. You can cut a deal earlier. You can save litigation costs that way.”

A dashboard that enables crash analysis across your fleet over time is a valuable tool. The dashboard should include data that spans across your fleet and tracks statistics over time. At a minimum, document reasons, date, equipment failures, cost of repairs, preventability rating, drivers with multiple crashes, and similar information.

4. Keep Comprehensive Records

Tracking key data is only half of the equation. Securely retaining that data is just as vital, especially in the event of a catastrophic accident. The FMCSA has a three year requirement for accident record keeping, so that is the minimum length of time records should be on file. Failing to retain evidence can result in what’s known as a Spoliation Claim which can result in punitive damages. To avoid this, make sure to collect evidence early and preserve it securely to reduce your liability.

Ultimately, having a strong truck accident procedure is critical, but it’s only as good as your diligence in following it. Ensure that everyone in your fleet is confident in their role. A comprehensive truck accident procedure paired with well-documented driver training and meticulous record-keeping will help protect your driver and your company in the event of litigation. You may not be able to prevent a lawsuit, but you can reduce the liability and save valuable time and resources.

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safety incentive program for truck drivers

All trucking fleets have safety standards, so why is a safety incentive program so important? A safety incentive program can help motivate drivers to high standards AND help document strong safety behaviors. Incentive programs keep the focus positive. As an employer, you encourage the right behavior while also boosting company morale. This type of program infrastructure can be a great way to build driver loyalty and accomplish several safety priorities simultaneously.

Do I Really Need Safety Incentives?

The short answer is yes. Here’s why.

Most trucking companies have safety procedures and expectations, and some may also have specific metrics for their drivers. Fleet safety should be a high priority, and incentive programs are an excellent way to communicate that to drivers and encourage behavior changes

While it may not be glamorous, fleet safety and tracking are key to regulatory compliance. In the event of a safety incident, you may need to be able to demonstrate safety protocol among your team.

regulatory compliance checklist

An incentive program can encourage drivers to record their safe driving and creates a positive feedback loop. An incentive program that rewards strong performance is also good for company culture and team morale. Everyone wants to be recognized for a job well done, even if it is a job expectation. There’s also an undeniable benefit to your bottom line. A strong company culture is likely to reduce driver turnover, and that’s a tremendous economic advantage.

The benefits of a well-run safety incentive program also extend to recruiting and marketing. In addition to building internal morale, companies can build off a strong reputation and safety-centric messaging in marketing and recruitment efforts. Use driver recognition and feedback to help create positive brand recognition as a recruitment tool. 

What Should Be Part of a Safety Incentive Program?

A thoughtful safety incentive program has several distinct characteristics. First, if you are offering monetary incentives, offer enough to be meaningful to drivers. The exact amount will vary based on your location, the type of driver, and your standard compensation package. If a meaningful monetary incentive is out of the question for you, consider other ways to reward drivers. Internal or external recognition, visible insignia for drivers to show off, and flexible home time are just a few non-monetary possibilities that will still motivate drivers. Not all employees are motivated by the same thing, so you may also consider implementing a multi-pronged incentive program. Ultimately, decide what you are best able to offer, and create a strong program based on your resources. 

If a meaningful monetary incentive is out of the question for you, consider other awards that benefit drivers. There are many ways to motivate and reward hard work.

As you design or reshape your safety incentive program, keep sustainability and structure top of mind. Ensure that the program you develop is sustainable for your current and future staff. Even though safety incentive programs are often supplementary to other safety efforts, they take time to maintain. Design something within your capacity. In addition, make sure the safety program is incentivizing the right behavior. For example, a program based solely around mileage may be unintentionally encouraging drivers to drive beyond their safe limits. Thoughtfully determine success metrics when you launch the program. Then, adjust the metrics as needed when you determine points of improvement.

When to Offer Safety Incentives (And When They Won’t Work)

A successful implementation strategy for incentive programs effectively identifies “When.” Common choices for the program cycle are quarterly or annual rewards. To decide what is best for your fleet, you may need to consider the types of jobs you offer. Will your incentive program be effective for both local and regional drivers? If you prioritize safe driving miles, do drivers have similar routes? Or do some drivers have primarily rural routes while others are largely urban? How will this impact drivers’ ability to perform well in your program?

To decide what is best for your fleet, you may need to consider the types of jobs you offer. Then, decide what driver metric you will measure and how drivers will accumulate rewards.

Another timing question to consider is about rewards accrual. Will incentives accumulate for drivers or will they start clean for each new time increment? Similarly, decide whether to offer tiers of incentives or whether you will regularly feature a set of drivers like an employee of the month. Regardless of how you structure the program, start incorporating training and clear safety policies from the beginning as part of driver orientation. 

How to Communicate Safety Incentives to Drivers

happy truck driverEarly and often is the best rule of thumb for sharing a safety incentive program with drivers. Set clear expectations at the start so that drivers know how to succeed. Based on your metrics for driver incentives, tell drivers exactly what they need to do. The results should be measurable, so drivers feel it’s a fair and attainable goal. Then, share the program in clear, simple language so there’s no confusion or feeling of mystery! 

When you talk about the safety incentive program with drivers, make sure to convey the program as a reward! Internally define the program objective, then highlight the benefits and positive rewards to drivers. Avoid a system that is punitive and focuses on how drivers lose points. If designed and communicated well, your safety incentive program will stand out as a positive differentiator from other companies.

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4 Tips for a Successful Driver Safety Program

Truck driver safety is of the utmost importance in the trucking industry. Keeping your drivers safe, and your fleets moving are the keys to any successful trucking company. Every trucking company should have a documented driver safety program as a best practice. So whether you’re a company with a great safety history, or a newer carrier just getting things started, here are 4 tips for putting together a successful driver safety program.

1. Make Safety Everyone’s Responsibility

The best way for any carrier to operate is with a comprehensive approach to safety. It’s not the job of the owner or the individual drivers to make sure that safety is a priority. It’s everyone’s responsibility. Safety should be baked into the foundation of the company, and communicated both internally and externally. If not, it’s always going to fall to someone else to take care of it.

Having safety as part of your carrier’s culture is a terrific way to show drivers that you care about them. It can help you attract good drivers, and keep your drivers with you for the long haul.

2. Seat Belt Programs

Wearing seat belts is important. Some might say that seat belt wearing is the most important thing all drivers should do to be safe over the road. So making sure that every driver, and passenger in the cab, wears their seat belt is a good idea.

There are seat belt detection options that can pay dividends when utilized. Adding these options to your overall driver safety program can reap great benefits over time.

3. Offer Rewards for Safety

Make sure your drivers have some skin in the game, as the saying goes. If drivers have good safety protocols to follow, give them a reward for doing their part. There are a number of ways for carriers to implement rewards that can help your drivers feel recognized for doing a great job. And these rewards can be as simple or grand as your imagination and budget allow.

Simple things like recognition boards for doing things right daily are a great idea. Or for those drivers that achieve big safety milestones, celebrate those more visibly.

4. Document Your Driver Safety Program

If the driver safety program at your company is not formally compiled and readily available for everyone, it’s not worth very much. Like most HR policies, this one should be written out and distributed to everyone, so that there’s no confusion as to what’s in it, or where employees can find it. Add this program to your formal employee review process. Be clear when communicating changes to the program. This way it’s clear for everyone to know they’ve got the most current version.

Writing your program down avoids confusion. And it ensures that everyone who needs to see it, is able to see it.

Your truck driver safety program can be a foundational part of your culture and the way the you run your company. It can help with both your truck driver recruitment and retention over time. Showing drivers that you care about their safety can make drivers feel like a more valued part of the company. To learn more about retaining your good truck drivers, get the guide below.

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You work so hard to recruit the best truck drivers for your fleet. The trick is retaining them. This guide is packed with tips for retaining your fleet.

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