Motor carriers can face significant consequences if they neglect to properly qualify their truck drivers for safety, according to two transport law experts well-versed in driver qualification matters. Failing to meet the necessary requirements could lead to costly litigation following an accident.
Brandon Wiseman of Trucksafe Consulting and Jerad Childress, Managing Partner at Childress Law, understand that proper driver qualification is the key to keeping trucking companies safe and out of court. With the industry’s first-ever billion-dollar injury award being handed down from a fatal trucking accident in 2021, the two attorneys highlighted how essential it is for motor carriers to ensure their drivers are properly qualified – not only as a safety measure but also to protect them against nuclear jury verdicts.
The pair was adamant that carriers do their due diligence to ensure their drivers uphold the highest standards of safety and compliance. It’s important to confirm they were licensed according to federal regulations, have a clean driving record, maintain updated medical cards, and pass regular drug tests. Furthermore, they asserted these individuals should practice safe driving habits at all times.
Wiseman emphasized the importance of driver history and hiring practices by referencing an American Transportation Research Institute study that showed 100% of 14 jury cases with verdicts over $1 million favored plaintiffs because of a bad driving record, and as much as 87.5% in 24 different favorings due to poor recruitment techniques.
“This is not theoretical. It’s happening,” Wiseman said. “Suffice it to say that if you’re not paying attention, my question is are you paying enough attention? Because the consequences here are severe. All it takes is potentially one of these cases where you didn’t do quite enough on the driver qualification front, it can be lights out for you.”
Wiseman said the $1 billion Florida judgment case sends three important lessons for truckers: “Follow the rules, follow the trends and follow your gut.”
The attorneys strongly advised motor carriers to retain pertinent documents to ensure a safe driving environment, including an up-to-date commercial driver license and medical card provided by proven medical examiners listed on the national registry. Doing so can help prevent any potential risks while out on the road.
“And keep on top of the expiration dates,” Wiseman said. “So many carriers are failing because they are not keeping on top of the expiration dates.”
The two stated that adhering to the minimum standards is not enough – they encouraged carriers to strive beyond basic compliance and explore how their competitors are promoting safe driving amongst drivers. Additionally, staying on top of industry trends and qualifications would also be beneficial in keeping up with safety regulations.
The pair also stated that there’s a certain element of trusting your instincts to establish standards that you stick with over time. Doing so will bring consistency to decision-making over time.
“Ask yourself how your planned actions would play to a jury,” Wiseman said. “Does this pass the ‘smell test?’”
Childress stressed the importance of intrastate drivers following federal qualification regulations, as there are cases in which a shipment could be considered interstate commerce and thus necessitate adherence to those guidelines.
Source: Transport Topics
