Just as car insurance commercials contend, accidents happen. But a crash is not an accident. To use the term “accident” falsely implies the crash was out of human control. Because the cause of collisions can be identified, the steps to take to prevent collisions also can be identified.
According to the
National Highway Transportation Safety Administration, 12 percent of all U.S. collisions each year involve large trucks—equal to about 5,000 crashes a year. Statistics show on average a commercial truck driver will travel 10,000 miles to 12,000 miles more than most drivers per year, increasing the chances of having a collision. In 2005, almost two-thirds of fatal truck crashes involved Class 8 vehicles, or trucks pulling tractor trailers.
While 5,000 collisions may seem like a relatively low number, the task of preventing collisions is a high priority for the Department of Transportation, which recently joined the Occupational Safety and Health Administration (
OSHA) in initiating a campaign to combat distracted driving—a leading cause of work-related traffic collisions.
OSHA’s emphasis on limiting wireless communication is one way to prevent a driver from becoming distracted. Motion detection software can determine when someone is driving and automatically redirect calls to the motorist’s voicemail.
However, wireless communication isn’t the only cause of crashes, and not all accidents involve carrier drivers. Passenger vehicles contribute to the problem: changing lanes abruptly, merging improperly into traffic and riding in the “no zones”—the areas behind and beside a commercial truck where the driver has limited visibility.
A collision is an eventuality that carrier companies must prepare for. Regardless of which vehicle is at fault, lawyers on both sides will look for evidence suggesting “negligent entrustment” on the part of the commercial carrier. This term, most commonly used regarding commercial vehicle operations, specifically refers to the liability of entrusting employees to drive company vehicles. For example, if a driver is proven to be responsible for damage or injuries caused while driving a company vehicle, especially if it was a preventable crash, the employing company may be charged with negligent entrustment.
A strong screening process, a regular training regimen and a solid company policy can help mitigate legal exposure.
A good training program must be convenient; online is a best bet for affordability. Many practical and computerized training programs are available to fleet managers today. Programs apply to all types of carriers, cater to a host of different markets and range in price.
A good online training program offers a variety of training modules specifically designed for each class of driver, from passenger vehicles to medium duty trucks and heavy duty classes. It also should feature a Hazard Perception Evaluation that uses real-world video driving scenarios to test a driver’s ability to identify road hazards.
The best online training programs also include a comprehensive catalog of specific training modules that can be combined and tailored to each driver’s individual weaknesses.
In addition, several fleet training software companies offer policy testing modules that take a company’s existing policy and turn it into a 30-question multiple choice test. Instituting an annual company policy test can prevent a negligent entrustment lawsuit if the driver is harmed or killed in a solo collision.
In an actual case, an employee passed the company policy test but wasn’t wearing his seatbelt at the time of the collision. Because he had received a 100 percent score on the test, which included the company’s strict policy on seatbelt use, the company was not found liable.
Collisions happen, but they’re not necessarily accidental. A proactive driver training and policy testing program instituted by the carrier company can make accidents less common and less costly, both in terms of liability and vehicle repair time.