Tag Archive for: Distracted Driving

55 Things We Learned from an Expert Insurance Underwriter

55 Things We Learned from an Expert Insurance Underwriter

Insurance premiums and renewal rates continue to be one of the biggest expenses incurred by trucking companies. Rates have increased exponentially in recent years due to accident frequency, truck driver shortage, and the ever-present threat of nuclear verdicts. But, we are here to help. We set out to learn about the underwriting process including:

  • – Assessing a Trucking Company
  • – Premium Increases
  • – Technology Factors
  • – COVID-19 Impact
  • – Safety Culture Influence

Download your free eBook from Infinit-I: Avoiding Nuclear Verdicts

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We interviewed Tony Hoff of Napa River Insurance about the underwriting process for trucking company insurance assessments. He gave the most interesting and data-packed presentation I have ever seen! I could barely keep up with all the notes.

Infinit-I Workforce Solutions presents: 

55 Things We Learned from an Expert Commercial Auto Insurance Underwriter.

Underwriting Process

  1. Fleet managers and front-line operations are the ones who must maintain the safety culture with the drivers. If they are not ‘singing the safety tune,’ no one is.
  2. Operations MUST believe in safety culture and live it every day. It is a continuation of the top-down culture that insurance underwriters take into consideration.
  3. Underwriters will not convince you that safety culture is important. You should already be living it.

“Safety is doing the right thing for a long time.” – Tony Hoff, Napa Valley Insurance

Industry-Wide Premium Increases

  1. 15-20% Increase in premiums across the industry without a horrendous loss. If you have incurred large losses, you can expect more.
  2. Underwriters consider 5 years of data history.
  3. Excess limits are more costly and difficult to fill. They are not priced to have a loss every single year.
  4. Results in commercial insurance carriers leaving the market because they can no longer afford to write commercial auto coverage.
  5. Capacity is on a steady decrease as insurance carriers leave the market. When you lose money from a loss standpoint, you don’t want to underwrite anymore.

COVID-19 Effects on Insurance

  1. In the beginning, COVID-19 slowed everything down in the commercial auto insurance market.
  2. Initial reduction in claims due to:
    • Less congestion on roads
    • Increased productivity
    • Fewer losses
    • Decreased accident frequency
  3. The trucking industry rebound has led to more claims due to the resurgence of traffic, congestion, and sudden backups.
  4. Speeding is OUT OF CONTROL!!! Unsafe Basic scores are rising across the board.
  5. “Accident rates are increasing at an unprecedented level. We need to slow these drivers down.”

Premium Increase Factors

  1. Everything is more expensive. (Claims frequency and amount, medical coverage, defense attorney fees.)
  2. Insurance companies are seeing losses where their vehicle never touched the insured truck but are still paying out.
  3. Plaintiffs are getting better at what they are doing. Ten years ago, they did not even know what a CSA score was. Not they could teach you about CSA.
  4. There is a lot of uncertainty in trying cases. Settling may be cheaper than going to court (fees/attorneys) even if you were clearly not liable.
  5. Loss development – the longer the claim is pending, the more it costs.

“A 300% increase in 6 years is dramatic. It is unsustainable. Something has to give. Who is it going to be?”

What You Can Control

  1. Know the process – know what steps of underwriting consist of.
  2. Underwriters who have time to thoroughly vet the submission feel more comfortable writing.
  3. Strongly suggest you shop early. Get ready at least 3 months before renewal. Have your documents ready.
  4. If you are going to shop with more than one broker/carrier, have a standard submission-ready.
  5. Know where you stand. Is my expectation to get a decrease? Or do I want to manage my increase?
  6. (Loss Ratio + Incurred Total Loss) / Your Premium. If you are over 65%, your insurance carrier is losing money.

Safety Culture

  1. Online continual training is key in proving your commitment to safety.
  2. Look at your drivers’ attitude. Do they accept responsibility? Are they willing to learn?
  3. It is absolutely crucial to have a remedial training program. Find drivers’ weaknesses and coach them.
  4. Insurers look at loss development, are you trending in the right direction. If you have a stellar loss history, a new loss may not significantly affect your premiums.
  5. Find the carrier that you enjoy doing business with and then figure out the pricing.
  6. Put some faith behind your trusted safety program. Invest in yourself.
  7. Let Underwriters know what makes you “Best in Class.”
  8. Be prepared for renewal, provide a packet with the following documents:
    • Financial documents and review
    • Loss History
    • Insurance History
    • Profile of Operations
    • CSA Roadside Results
    • Reportable Accidents not on Loss Run
    • Onsite Loss Control Survey

Be a Real Partner

  1. Solidify a business relationship with your Insurance Partner.
  2. You can get a quote from anywhere, be engaged.

Technology

  1. Track everything. You can’t know where you are trending unless you can track it:
  2. Turnover, Retention, Ops Performance, CSA Scores, Driver Safety Performance, Loss Trends, Accident Costs, Recordable Accident Rates, Total Accident Rates, Insurance Costs
  3. Benchmark yourself and maintain accountability.
  4. Find out what metrics are causing your losses and attack those.
  5. Use front end data to make back end decisions.

“Safety Professionals who make future decisions based on past results and analysis are the most effective. BE PROACTIVE.”

  1. “Every lawsuit involves being able to produce documents quickly. “Have you trained your drivers? Can you provide the documentation that you’ve trained your drivers?” Camera/online training combination can take a nuclear verdict and knock it out of the courtroom.” – Mark Rhea
  1. The greatest myth in trucking is that safety is too expensive. The advanced technologies that are now in place are a game changer in the industry. Technology is embraced by insurance companies because it gives us a claims “edge” that we otherwise would not have.
  1. Onboard cameras and collision mitigation are proven to influence courtroom decisions. BUT it only makes sense if you are willing to act on the data. You will need to have policies in place before you utilize these technologies.

Addition Tips from the Underwriter

  1. We will look at how many times you have switched insurance carriers in the past.
  2. If you have favorable loss history that extends beyond 5 years, and then have a bad year, it will come up at renewal. You need a relationship history with your insurer.
  3. Be 100% honest about what kind of carrier you are and what makes you the best.
  4. Bring to renewal: What do we do best? What do we need to do better?
  5. Have Best Practices in place, not the easy out. (PSP, Long-form physicals, etc.)
  6. Invest money in the onboarding process. Invest in your training.
  7. 10% of drivers cause 90% of your problems. Get them in and coach them before we lose them.
  8. Reporting the issue is huge! We track day loss happened vs. when it was reported to us.
  9. 3 things that will result in plaintiff verdict:
    • Leaving the scene of an accident.
    • Failure to report an accident.
    • Positive drug test after accident.

Insurance Take-Aways

  1. 2021 will continue to be a very challenging year from an insurance standpoint.
  2. Losses are up and so is speed. Slow your drivers down.
  3. We are living in different times and we need to adjust.
  4. What makes you an exceptional risk? Can we fix those areas that are not exceptional?

“Safety Culture = Commitment. If everyone in your organization stays committed, you WILL succeed.”

Get Your Insurance Questions Answered!

MCIEF Founder Tommy Ruke is Ready to Answer Your Most Pressing Insurance Questions. 
Learn Real Solutions to Your Insurance Problems. 

Infinit-I Workforce Solutions has partnered with the Motor Carrier Insurance Education Foundation (MCIEF.org) to help you get your insurance questions answered. Infinit-I and MCIEF have joined together to provide access to “Ask Tommy”.

This is a service provided to MCIEF members, but it is being opened up to Infinit-I visitors to give you the opportunity to ask your most pressing insurance questions. To submit your questions, click here.
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Top 5 Surprising Ways Lawyers Attack Trucking Companies

Every trucking company knows the risk involved with hauling an 80,000 lb. machine down the highway. Don’t feel hindered, however, by the mountain of liabilities. Simply be prepared. Below are the weaknesses that prosecuting attorneys will try to take advantage of in the event of an accident.

Driver Fatigue

Every decent truck driver knows to pull it over when they are feeling tired. They know the risks of driving while fatigued. But how often do they actually pull over when they should?

Truckers juggle many pressures while on the road: Traffic congestion, highway construction, dispatcher’s expectations, etc.

Take a look at these messages between a truck driver (grey) and their dispatcher (blue):

A good dispatcher would see the warning signs. The driver didn’t sleep well last night. This dispatcher should have asked about the driver’s ability to safely perform that day. Instead, the dispatcher was concerned with their own performance. Perhaps, feeling the pressure from their own manager. The conversation continues below.

 

The driver has now admitted to being fatigued, asked to pull over, and coerced into rolling anyway. The driver could nod off again, injuring or even killing themself or other innocent bystanders.

This conversation is now recorded and creates the kind of paper trail that prosecuting attorneys love. They would use this conversation to prove to a jury that your company chose to further the load over the safety of the public.

A delicate balance must exist between management, dispatchers, and truck drivers. Each must be aware of and truly understand mounting pressure and weighing the risks. While is it is a fine goal to want every load delivered on time, it should not be achieved at the expense of safe driving.

 

Distracted Driving

Distracted driving can take many forms. According to the CDC, distractions are categorized as visual, manual, and cognitive.

Driving an 18-wheeler takes intense focus and coordination. Any of the things listed above could bring about a life or death situation for your driver or the people around them.

Train your fleet not only the signs of distracted driving, but they should also be aware of the potential outcome severity. Visual demonstrations can be assigned fleetwide to prove the importance of maintaining proper attention to the road.

Let’s say your driver is eating a big, greasy cheeseburger while driving down the highway. After driving over a small pothole, the driver drops a pickle on the tractor seat. The driver leans over to place the burger onto the passenger seat and begins the pickle search.

At the same time, traffic up ahead has abruptly slowed, causing some cars to swerve or pull on the shoulder. When your driver finally finds the pickle and returns their eyes to the road, it is too late. The driver locks up the breaks, jackknifes the trailer, and bumps into 4 cars that were leading the way.

In a scenario where your driver has an accident due to distracted driving, an attorney will look for any reason that it was the company’s fault. In the event of a lawsuit, the prosecuting attorney will consider:

  • – What policies do you have in place?
  • – Cell phone usage while driving
  • – Eating meals/snacks behind the wheel
  • – Volume restrictions on the radio
  • – Have the drivers been properly trained on these policies?
  • – When was the last time a driver was trained/re-trained on this topic?

 

Driving Under The Influence

Driving under the influence of drugs or alcohol is a crime whether a truck driver or civilian, 18-wheeler or 4-wheeler. Truck drivers, however, hold much more responsibility. The more you communicate with your employees about your drug and alcohol policy, the more likely you are to be protected in court.

Pre/Post-Trip Inspections

A proper pre-trip inspection is the ultimate proactive measure a driver can take. If your drivers aren’t properly trained, it might be difficult to spot a faulty brake line, damaged mud flap, or a loose lug nut.

A proper post-trip involves over 50 points of inspection. Expert drivers might be able to recite all the inspection points from memory, but that skill should not be expected. Provide all your drivers with DVIR checklists. Since these are required to be on file for 90 days, you should require your drivers to fill one out every day, for every load, even if it passes inspection.

Inexperience or Improperly Trained

Perhaps the most important base to have covered. Do you drivers know how to avoid accidents? Do you drivers know what to do in the event of an accident?

You probably have policies in place that explicitly instruct drivers what to do if they get into an accident. Our recommendation is to send this policy out to your fleet at least once a quarter. Test them on the material. Require their signature. Your attorney will easily establish your credibility if you have these documents available.

 

Review the Webinar

Infinit-I Workforce Solutions presented an exclusive webinar in late July featuring Attorney Peyton Inge. Peyton specializes in defending trucking companies after an accident occurs. You can review the webinar here, as well as the rest of the FastForward series.

Click here for your free demo. Infinit-I Workforce Solutions will protect you in a courtroom. Give us 30 minutes to show you how.

 

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Gearing Up for Safe Driver Week

 

The Commercial Vehicle Safety Alliance (CVSA) is an international effort between industry participants, focused on improving roadway safety. They maintain efforts to educate all drivers in several categories, including International Roadchecks, Brake Safety, Hazardous Materials, etc.

The Operation Safe Driver Program was created by the CVSA to bring awareness to the significance of proper driver behaviors.

Safe Driver Week takes place July 12-18 this year with speeding as the main target. Officers will especially be looking for drivers who are operating at excess speeds. Last year, over 17,500 speeding tickets were issued to commercial and passenger vehicles during the weeklong blitz.

Last year during the same week, CMV drivers received more speeding tickets than the following, combined:

  • – Failure to Wear a Seatbelt
  • – Using a Handheld Phone/Texting
  • – Improper Lane Change
  • – Possession/Influence of drugs or alcohol

Why is it important?

Most accidents involving a CMV are caused by driver behavior, but most often, it wasn’t the trucker’s fault. With crowded highways, speeding four-wheelers, and governed big rigs, traffic accidents are inevitable. Proper training and awareness can significantly reduce the likelihood of an accident involving you or your drivers.

Speed-related issues cause 9,378 crash fatalities in 2018.

9,378 people are dead because someone was driving too fast. Excessive speed is always avoidable and always unacceptable.

No load is worth your life or the lives of others around you.

What are we doing?

Infiniti Workforce Solutions is sponsoring an exclusive webinar for all safety personnel. We will be discussing CVSA’s Safe Driver Week focused on speeding. Three industry experts will be giving best practice advice to help you prepare your fleet.

Here’s the lineup of guests:

-Mark Rhea, Industry Consultant, Infinit-I Workforce Solutions

-Chris Turner, Director of Crash and Data Programs, Commercial Vehicle Safety Alliance

-Major Chris Nordloh, Commercial Vehicle Enforcement Coordinator, Texas Department of Public Safety

If you want to be proactive during the weeklong blitz, do not miss this webinar. Registration is free. Sign up here.

Infinit-I Workforce Solutions is offering a 30-Day Complimentary Trial to new users.

Absolutely free, no-obligation. Because 30 days is more than enough to prove our value.

And if not, you’ve had access to transportation’s #1 learning management system for free. No cost, whatsoever!

Here’s what you’ll gain:

Automatic Documentation – A rock-solid LMS that captures training and tests your employees on what they learned

Content Library – More content than any other transportation LMS. 850 training videos.

Unmatched Service – Dedicated Client Success Rep who works for you.

Enhance your safety culture today, click here to learn how.

 

Additional Resources:

7 New Social Responsibilities of Truckers; COVID-19 + July 4th

Out-perform, Out-shine, and Out-grow your Current Safety Culture

Why A Positive Dispatcher & Driver Relationship is Key

Why You Should Be Focused on Your Employee’s Cultural Relationships Now More Than Ever

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Why your Safety Culture will Die without Buy-In. And how to get it.

What is Buy-In?

One of the most used and sought-after business phrases in the workplace today: Buy-In. When you have a project idea, but you are not a decision-maker, you must get the approval of higher-ups to go ahead.

Before the pitch, you must begin campaigning, gathering support from like-minded co-workers who share your vision for the future. Their support is called “Buy-In.”

Think about the process of starting a business. Most likely, you would need the financial support of investors. The first investor is usually the hardest to convince. Once you have a board of supporters, it is easier to get new ones to sign on.

Selling points

As with any business proposal, the pitch must include the top benefits of the product you wish to implement. Find the aspects of the product that will benefit your company the most and bring those to the presentation.

For instance, your decision-makers may be concerned about the additional workload with this new product. Focus on the redistribution of work that is offered by Infinit-I Workforce Solutions.

They may say the budget doesn’t call for an additional product. In that case, look for all the returns offered by the investment. For example, Infinit-I Workforce Solutions has been proven to reduce the number of accidents for clients.

One prevented accident could save a company thousands of dollars. In that case, the system pays for itself.

When the issue is budget-related, ask yourself what factors you examine when putting a price on your driver’s safety. How are those factors weighted?

Of course, this is a silly question. There is nothing more important than the safety of your fleet. When the return on investment is life or death, establishing a solid safety culture is paramount.

Push Back

When faced with changes, people naturally look for reasons to push back. Humans respect a routine. We feel most at ease when there are no surprises or new tasks to learn. Stepping out of one’s comfort zone is scary to some.

So, when pitching a new project, you will run into some nay-sayers who are not interested in advancing their skills but would rather coast through another day. Your safety culture, however, should never be diluted just so it appeals to those who are complacent.

“We wanted a well-rounded training program. Training dispatchers how to talk to drivers. Everyone has to understand the industry or there will be communication issues back and forth.”

-Larry Finley, Environmental Health & Safety Manager, White Arrow, LLC

As with any profession, employers tend to get the most push back from veterans of the industry. They will hear things like…

“We’ve never had to do this before.”

“I’ve never had an accident.”

Handling Objections

Of course, neither of these are qualifiers to skimp out on training. Accidents and incidents can happen at any moment, to anyone.

Experience managers plan for negative feedback. Try to think of every reason an employee might not want to participate. Prepare a rebuttal for each of them.

“I’ll quit before you make me do more training.”

This is, perhaps, the most challenging form of push back. Take a moment to realize the implications of this statement and how it threatens the quality of your safety program. If you have an employee that does not support the improvement and future direction of your company, you should reevaluate their position.

“There is an apex we want to shoot for. Value of training and the value of people and their safety. Do it right, do it safe, and treat everyone like a leader.”

-Jonathan Richardson, Director of Corporate Training, Martin Transport, Inc.

Mission Critical

Above all, you must prepare to counter uncertainties within your target audience. If your goal is to ensure the safety of your fleet, focus on frequent and consistent safety training.

Now, you can do it for free. Infinit-I Workforce Solutions is offering a Complimentary 30-Day Free Trial to help you gain the Buy-In you need to improve your safety culture.

“Safety training doesn’t just come from a vacuum; you have to start someplace… It’s a process that has to be addressed year-over-year with ownership…”

-Craig Hart, Product Manager, Infinit-I Workforce Solutions

Further resources and expert advice are available in the Infinit-I Workforce Solutions Fast Forward Webinar Series.

In other news: 

7 Steps to Get Safety Ideas Out of the Boardroom and Implemented Into Safety Culture

Why Enhanced Safety Culture is Your #1 Money Saver

Premier Safety Culture Advice

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Memorial Day Weekend – 5 Ways to Stay Safe On The Road

Truck drivers know the rules of the road and how to operate safely. One surprising fact: most CMV accidents are caused by the passenger vehicle and not the trucker.

What is Memorial Day?

For some, Memorial Day this long weekend calls for grilling and outside activities. For others, it meant everything.

Memorial Day is a federal holiday that reminds us to remember those who have sacrificed their lives while serving in the military. Their dedication has secured our safety and freedom; and today we honor them.

To all veterans and active duty: Infinit-I Workforce Solutions thanks you for your service!

To the families and friends of those who died: We thank you for your support of our armed services and stand with you to honor their memory.

 

Accident history on Memorial Day

You may be wondering if it is more dangerous to travel on Memorial Day weekend. Of course, any increase in traffic will increase the likelihood of accidents. This year, there are some extra contributing factors to keep in mind:

Shelter-In-Place lifted + Holiday Weekend + Warm Weather = Recipe for Disaster

In 2018, Memorial Day traffic fatalities accounted for 12% of all traffic fatalities in the month of May. Throughout the year, traffic fatalities average about 100 per day. It is estimated that up to 410 traffic deaths could occur this Memorial Day weekend.

Do your part to reduce that number.

This Memorial Day poses new threats because of the social distancing restrictions we have been facing. Some people may be willing to stay home longer, while others are craving social activities.

Here are some tips to follow so that next year, your family’s Memorial Day won’t be in honor of you.

 

1. Identify Impaired Drivers:

A minivan full of screaming toddlers. Mom and dad are stressed. Kids are stir-crazy. They haven’t left the house in two months. It is best to avoid driving alongside them.

Jacked up pickup truck with a bed full of coolers, canoes, and innertubes. His music is blaring, he’s throwing back a cold one. You don’t know if he is on his way to the river or if he’s already been drinking there all day. Let him pass.

Cars full of teenagers blaring graduation music because now that is their only option. Their lives have been turned upside down, just like the rest of us. And they are missing out on some key rites of passage like graduation and prom. Give them some space.

 

2. Look for potential road hazards:

That Jacked up Pickup truck is now throwing empty cans out of the window. His rebel without a cause attitude is dangerous for everyone around him. Do not engage. And maybe, call the police.

That car full of teenagers is about to miss an exit and cut you off. They always do.

Family of deer standing innocently by the road. They are not innocent. In 2019, West Virginians had a particularly hard time with deer. 1 in 38 drivers were involved in a collision caused by an animal.

 

3. Protect yourself

As much as you want to, do not text “Happy Memorial Day” while driving. Your friends and family will be just as happy to receive texts and calls from you during your break.

People forget how to merge during the holidays. They will be rushing to get home after a long day on the water or with their inlaws. Watch for that.

Constructions zones are everywhere and potentially dangerous, always slow down.

Get plenty of rest.

 

4. Do extra during your Pre-trip Inspection

The weather is getting warmer, check and double-check your tires and fluid levels. Heat from the weather and from the road can cause tires to expand. Too much pressure can cause poor handling or even blowouts.

If you can’t see, always get out and look when backing, parking, taking off, etc.

Clean your windshield. The glaring summer sun can significantly decrease visibility, especially if the window is smudged or dirty. Avoid truck stop squeegees if the fluid is dirty. Some professional drivers recommend alcohol as the best way to get a spot-free clean.

 

5. Protect others

Always use blinkers, lights, and horn when necessary.

Use hazard lights to warn the people behind you that traffic is slowing ahead. Many rear-end collisions and pile-ups occur because drivers weren’t aware of slowing traffic ahead.

If you must stop on the shoulder, use your emergency kit to warn oncoming traffic.

 

Truckers know that missing holidays with friends and family is just part of the gig. Make sure you get back to them in one piece.

And to truck drivers: Thank you for everything you do over the road.

Share this article with the truckers in your life. Let’s work together to keep each other safe.

 

More Interesting Articles:

5 Bright Future Forecasts for Truckers and How the Industry is Adapting to Coronavirus Challenges

 

FMCSA is Changing HOS… Again! 4 New HOS Rules

 

Uber Freight and CloudTrucks Give Truckers New Opportunities

 

8 Ways Truckers Relieve Stress During the Pandemic

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Speeding Tickets Jump Drastically during COVID-19

A Speeding ticket is more than just a Fine.

If you asked 100 truck drivers what their dream highway looked like, you would likely get the same answer across the board: Decreased commuter traffic.

Many truck drivers have gotten their wish as commuters have been encouraged to shelter in place and work from home during the coronavirus pandemic. Complying with social distancing rules may have cleared up traffic, but free and open highways give truck drivers little wiggle room.

How does speeding affect your CDL

A moving violation can have a severe impact on your driving record. The consequences vary in severity depending on how often and what kind of ticket you get.

Speed limits are not included in the FMSCA waivers issued in the emergency declarations. Drivers hauling emergency goods will still be assigned CSA points if they are caught speeding.

A truck driver’s safety record is measured by a federal regulatory point system called CSA (Compliance, Safety, Accountability). Infractions are based on a point system; The worse the violation, the more points are given to the driver. A driver that has been issued more violations will have a higher CSA score.

For example, a driver who is given a ticket for 6-10 mph over the speed limit will also receive 4 CSA points. If a driver is caught speeding 11-14 mph over, 7 CSA points will be assigned. And for drivers clocking in at 15+ mph or in a construction zone, 10 points will be tacked on to their CSA score.

Speeding tickets can even affect your license when you are off duty. Multiple citations in a personal vehicle can lead to suspension or revocation of a CDL.

Trucking companies who utilize safety monitoring systems have a duty to reprimand drivers even if no ticket was issued. Reckless driving, even without a citation, means you are putting your life, your career, and the safety of others at risk.

More speeding tickets

Reports in California show that even though traffic volume has decreased 35%, citations for excessive speed have skyrocketed at an alarming rate.

Empty highways created a false sense of security, not only for truck drivers, for four-wheelers too. It seems safer to drive at excessive speeds when there is less congestion.

 “Higher speeds can lead to much more serious injuries and significantly increase the chance of death should a crash occur.” – CHP Commissioner Warren Stanly

With everything a truck driver has to lose, why do they do it?

The Heat is On for Truck Drivers

For most truck drivers, getting paid by the mile means the more you move, the more you make. Drivers who cover more ground in a given week bring home extra money. A per-mile rate of pay is incentive enough for some drivers to put the pedal to the metal.

On top of that, truck drivers build their reputations on whether they can pick up and deliver on time. A driver can plan a trip down with plenty of time to spare, but one traffic jam or work zone can throw the whole thing off-kilter.

The pressure is especially intense during the pandemic. Truck drivers focus on delivering basic needs to consumers as quickly as possible.

For a truck driver, a speeding ticket is not just an inconvenience or a fine. It could mean losing their job or even their license. Multiple traffic violations make it more difficult for truckers to find work.

A clean driving record is a hiring requirement for reputable trucking companies. A driver with heavy boots will be at a disadvantage if they find themselves back in the job market. Keep these things in mind every time you hit the road:

  • – Always comply with traffic laws.
  • – Keep an eye open for speed changes.
  • – Be alert in work zones.
  • – Plan your trips with extra time.
  • – Slow down for curves.
  • – Anticipate downgrades.

As the economy regains equilibrium, so will the roadways. Civilians will begin commuting back and forth to work, to church, shopping, etc. Remember, the rules of the road do not disappear and reappear with the flow of traffic. Always keep your safety and the safety of others on the top of your mind.

 

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Logistics – Legal Trouble after COVID-19

The dawn of the Coronavirus pandemic brought about a shift in behaviors like the country has never seen. The variance from normal created nationwide shutdowns, self-isolating citizens, and a dramatic spike in unemployment rates.

As fear of the unknown spreads across the country, one thing remains the same;

Trucking companies must keep rolling.

Truck drivers hold the responsibility of supplying the world with all its luxuries and, more importantly, basic needs. Most everything we use daily was made available to the consumer because of a truck driver. But now, grocery stores are struggling to keep products on the shelf. Consumers are buying more groceries and household items to comply with quarantine mandates.

Truck drivers are overwhelmed with the task of keeping the supply lines moving despite the ongoing pandemic. In normal operating circumstances, they haul consumer goods from the shipper to the receiver as efficiently as possible.

The COVID-19 National Emergency has created setbacks the country could have never anticipated. The panic buying trend cause truck drivers to work overtime. They have had to figure out how to cover more miles and deliver more product than they could before the pandemic.

The Department of Transportation anticipated the struggle and stepped in to offer relief from a few strict regulations. Drivers are now allowed to operate longer hours, drive with expired licenses, and operate without a valid physical.

Impact of Social Distancing

In addition to the relaxed regulations, drivers have also been enjoying the perks of empty highways and low traffic density. Work Zone activity increased because construction crews can work more efficiently without traffic congestion.

A decrease in the number of accidents/incidents can cause truck drivers to feel a false sense of security. As the public begins to reenter the community from quarantine, traffic volume will begin increasing at a significant pace.

“Don’t let your success of today lay you into complacency for tomorrow. For that is the worst form of failure.” -Og Mandino

More frequent work zone activity, increased traffic, and complacent truck drivers are a recipe for disaster. Even though the regulations are relaxed, trucking companies can still be sued for accidents and incidents. You may have a driver who is legally allowed to operate over hours, but when an incident occurs, your company and your driver will still be held liable.

Defensive strategy

The best thing any trucking company can do for their drivers is to continue their training from rookie to retiree. Most importantly, enrich your safety culture by creating awareness within your workforce. Trucking companies experience a unique challenge in continual education, however, because their fleets are rarely available to gather for safety meetings.

The University of Michigan Transportation Research Institute conducted a study on whether truck drivers at fault in accidents than passenger cars. Their research concluded that out of 8,309 accidents, the passenger vehicle was at fault 71% of the time.

The study showed that, professional drivers were only at fault in 16% of fatal car/truck crashes. It is evident that trucking companies are defensible in court, even in fatal crashes, because the fault usually lies with the passenger vehicle.

Today’s technology allows you to tackle this problem by delivering training courses online. Drivers can still participate no matter where they are located. In the unfortunate event you end up in court, a plaintiff might ask you about your digital training class. Their stance will be that there is no way to prove participation since the training courses were not administered by an actual person.

Protect your company and your drivers by providing training and assessments that secure their acknowledgement. Test them on their retention whenever possible and always get their signature.

If it isn’t in writing, it didn’t happen.

 

Be proactive

Take an assessment of your company and look at areas that need to be strengthened. If you find yourself in court, an attorney will do the same. They will attempt to destroy your company’s credibility by exposing potentials for weakness.

Relaxed DOT regulations mixed with an under-trained workforce could mean the end of your company. A quick internet search returned several articles touting exactly how to sue a trucking company. The information is readily available, trucking companies are an easy target, and the “billboard attorneys” are hungry.

Mark Rhea, a trucking industry expert, describes his experience being involved in defensive litigation for a previous employer.

“Our truck was entering a construction zone. He was following the proper procedures per his training. He checked his mirrors as he was merging to make sure he could safely get in the lane. He looked back to the front and all the cars in front had halted to a stop. We rear ended someone.

In court, the deposition plaintiff’s attorney was loaded with facts and figures. He asked if I knew how many fatalities are caused by trucks ever year. If I knew how many injuries occurred because of big trucks.

Of course, I knew the numbers were up there, but I didn’t know the exact percentages like he had researched. He was trying to diminish my credibility.

Then he began asking about our training program. He was trying to prove we didn’t properly train our drivers. It was very uncomfortable for everyone involved. Fortunately, I was able to provide documentation that our driver had received specific training courses. The wreck was not for oversight or lack of preparation; it was simply an accident.” – Mark Rhea (April 17, 2020)

Trucking Companies – To Do List

As the economy reopens, traffic will resume. Accidents will become more frequent as more drivers are utilizing the roadways. Litigation will resume, if not explode. Do not get a false sense of security while the traffic is low. Prepare your company for legal defense in the following ways:

  • – Encourage open communication
  • – Educate drivers on exemption qualifications
  • – Continue to provide proper training
  • – Document everything
  • – DO NOT SACRIFICE SAFETY

Document everything a driver is provided from the very first day of orientation. Your defense attorney will want to see proof of the driver’s qualifications, CSA scores, training record, etc. Having these documents readily available in court will make you more defensible and solidify your credibility.

The logistics industry is susceptible to court action because of the danger involved in operating tractor trailers. Accidents and incidents are inevitable; relaxed regulations make them more likely. Remember, your company is not released from liability just because a driver qualifies for an emergency declaration waiver.

Even though we are adapting to a national emergency, attorneys will not cut any slack. You can, however, take the necessary steps to make your company more defensible in court.

 

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Work Zone Ahead – We’re in it Together

National Work Zone Awareness Week (NWZAW)

NWZAW is a nationwide effort between state DOTs, road safety organizations, government agencies and private companies like Infinit-I Workforce Solutions. Its purpose is to bring safety to the forefront of your mind, especially when you encounter work zones.

Why is it important?

Everyone has experienced driving down the highway on a beautiful spring morning, trying to make the best of your commute. The air is crisp, the sun is shining. You turn up the radio as you watch the trees dance in the wind. You were so distracted by the passing landscape that you didn’t notice flashing lights warning of construction ahead.

And BOOM! Stop and go traffic.

The heavier the vehicle, the longer it takes to stop. Hopefully you became aware of the situation before rear ending the stopped car in front of you. And hopefully you didn’t lock up your breaks trying to avoid a collision.

A scenario like this is the reason National Work Zone Awareness week has become so significant. Accidents can happen in an instant, without warning. And some have found themselves staring at a busted windshield and deployed airbag before they ever even knew what was happening.

It is easy to become complacent when you travel the same route often. Muscle memory takes over and our brains filter out details of little significance. You might even find yourself at your destination with no recollection of getting there.

Sometimes, however, a new work zone can pop up overnight.  Some might reroute traffic and close lanes, making the roads we often travel unfamiliar. The annual campaign takes place in early spring, when road construction activities are at their highest. The goal is to make all drivers aware of the need for elevated caution in areas of road work.

Who does it affect?

The answer is simple. It affects every single person on the roadway: Professional drivers, commuters, motorcyclists, pedestrians, construction workers.

Construction workers?  Absolutely. Road workers put themselves in harm’s way performing necessary road work. They are especially vulnerable to work zone crashes because they do not have the protection of a vehicle.

How are truckers impacted?

Always pay close attention to speed limit changes. A traffic violation in a construction zone will have a huge impact on your CSA score. It is one of the most severe infractions. Not only will your traffic fine be doubled (in most states), speeding will also earn you 10 CSA points.

The likelihood of a trucker being involved in a fatal crash is higher than most civilian drivers simply because of the amount of time they spend behind the wheel. In 2018, 34% of fatal work zone related crashes involved the death of a professional driver.

How often do you perform these common causes of work zone accidents?

  • – Improper following distance
  • – Distraction or inattention
  • – Failure to use “lean and look” method when merging
  • – Excessive speed
  • – Ignoring blind spots

Safe drivers always make it a habit to be aware of their surroundings, especially in work zones. Traffic patterns can change instantly. Cars and trucks speed up and slow down with the flow of others. Commuters tend to become impatient and can begin driving erratically.

“Confusion, frustration, merging/distracted four-wheelers, speed limit changes, narrow lanes, and hundreds of attorneys hoping you make a mistake. Work zones are dangerous, it’s that simple.”

-Mark Rhea, President Lisa Motor Lines

In 2017, there were 18,000 work zone crashes that involved a tractor trailer. These resulted in about 4,000 serious injuries. About 25% of those injuries involved a pedestrian or construction worker.

Always treat work zones as if there are workers present. Just because you don’t immediately see them, doesn’t mean they aren’t there. Keep these best practices in mind every time you take off:

  • – Slow down and use the right lane when possible.
  • – Use hazard lights so the traffic behind you knows there is a slowdown ahead.
  • – Be careful of bottlenecks, drivers tend to cut in line at the last second.
  • – Focus – Keep your eyes on the road but be aware of peripheral action.
  • – Do not become distracted by phones or ELDs. It can wait!
  • – Pre-plan so you are familiar with your route.
  • – Perform a thorough Pre-trip inspection, ensure your tractor trailer is safe to operate.
  • – Expect the unexpected – always.

For more best practices from the DOT, click here.

How can I participate?

  • – Start the conversation with truck drivers, construction workers, and dispatchers you know. National Work Zone Awareness Week intends to spread awareness across the nation. Learn more at NWZAW.org.
  • – Wear orange on Wednesday, April 22, 2020. It acts as a visible reminder and shows support for families who have lost loved ones in work zone crashes.
  • – Slow down. Delivering your freight intact is just as important as delivering on time. No load is worth your life or the lives of others.
  • – Refresh yourself on your safety training. In the event of an accident, always follow your company’s accident protocol.

Remember, we are all in this together. Sharing the road means sharing the responsibility of each other’s safety.

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How Our System Mitigates Legal Trucking Liability

Mitigate Legal Trucking Liability

If you’re in the trucking business, you definitely want to stay out of the courtroom. But with millions of tons of truck on the road every day, that’s hard to guarantee. Driver training, maintenance, and good management help you mitigate that risk as much as possible. But what are you to do when one of your drivers fails to live up to regulations, and the worst occurs? This is where the Infinit-I Workforce Solutions steps in to protect you and help mitigate legal trucking liability.

Read more

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Distracted Driver Safety Month

Distracted Driver Safety Month

New data on driver distraction amounts to what could be called an epidemic of unsafe, even deadly, driving behavior. Are you doing your due diligence in training drivers? Are you willing to even go above and beyond? Your business may depend on it. Lives may depend on it. Read more

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