Highway accidents that result in nuclear verdicts often have aggravating factors that tend to make a jury angry.
Cases where the fleet knew a driver had a checkered driving history can be particularly tricky. Distracted driving and fleeing the scene of a crash are also major red flags, said Jeremy Goodall, liability claims manager with CBCS Inc.
Goodall appeared on a webinar hosted by Cottingham & Butler to share tips on how motor carriers can avoid nuclear verdicts. A report last year by the U.S. Chamber of Commerce’s Institute for Legal Reform and the Brattle Group found that every $1 million increase in tort costs reduces gross domestic product by about $2 million.
Goodall said part of the answer to avoiding nuclear verdicts is knowing when to resolve claims at the earliest opportunity. He shared the story of an accident involving a truck driver who had been disciplined twice for using his phone while driving.
The fleet was immediately concerned that he may have also been on the phone at the time of the accident. As a result, they pursued a settlement more aggressively and reached a financial agreement with the injured victim’s family within one day.
Video cameras the top tool for protecting fleets
Goodall said more carriers are investing in inward-, outward-, and rear-facing cameras, as well as collision-avoidance technology.
“Cameras are the best thing that’s happened to the trucking industry from an insurance standpoint that I can ever recall,” Goodall said.
In cases where the fleet is not at fault, they can refute any other stories and be immediately exonerated. If the video shows the fleet is at fault, the decision can seek a speedy settlement can be made more quickly.
When using cameras, it is important to implement driver coaching, especially for drivers who exhibit a pattern of dangerous behavior. If a plaintiff’s attorney is going to ask why a fleet did not do more if they become aware that a driver had a dozen internal infractions, Goodall said.
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