Est. read time: 6 mins
Fleet Safety teams have taken on a role they never asked for—safeguarding fleets from legal challenges that could cripple the business. The growing threat of nuclear verdicts, where jury awards skyrocket into the millions, has made proactive safety measures and legal preparedness essential for Safety teams.
In a recent Idelic webinar, Fleet Safety Under Fire: Tactical and Practical Protection Against Litigation, hosted by Hayden Cardiff, founder of Idelic, industry experts Paul Custer and Tim Eckhart shared actionable insights on how fleets can fortify themselves against legal and financial fallout. Here’s a breakdown of the key takeaways and strategies discussed.
Meet the Experts
Paul Custer, a respected defense attorney, has over 10 years specializing in transportation litigation at Pion Law. Custer has extensive experience defending fleets in high-stakes cases and helping them identify gaps in their safety programs that could lead to legal vulnerabilities.
Tim Eckhart, Director of Safety at Dot Transportation, oversees a private fleet of more than 2,000 trucks and drivers across North America. With 13 years at Dot, Tim has cultivated a data-driven approach to fleet safety that prioritizes actionable insights and proactive risk management.
Hayden Cardiff, Founder and CIO at Idelic, has spent the last 10 years in Safety innovation. Cardiff is a Certified Transportation Professional and Trucking Safety Consultant for ATA President’s Trophy Winning Fleets.
Why Losing Verdicts are On the Rise
Litigation is a growing challenge. Nuclear verdicts have become more and more common, fueled by aggressive plaintiff tactics and public perceptions of trucking companies. These verdicts can cripple fleets financially if they aren’t prepared.
So, why are these issues persisting? Speakers attributed it to three main reasons:
1. Aggressive Tactics by Plaintiff Attorneys
Lawyers representing accident victims often leverage emotional appeals and societal biases to secure massive jury awards. There’s been a fundamental shift from building a case against a driver to building a case against the fleet and proving their negligence. Reptile Theory is one such tactic where this occurs.
2. Public Perception
Fleets are often seen as liable by default, regardless of actual fault. This can mean that rather than starting with an even playing field, fleets have to work harder to win over judges and juries. The fleet’s general reputation will play a big part.
3. Gaps in Fleet Safety Programs
Even minor oversights in documentation or training can be exploited in court, much less big issues like not having a process in place to act on identified risks.
Tim Eckhart added that the perception of fleets as “deep pockets” compounds the challenge, making it essential for companies to demonstrate their commitment to safety proactively.
“Safety isn’t just compliance—it’s culture. Fleets need to show that safety is embedded in every part of their operation,” Eckhart stated.
Proactive Strategies to Shield Your Fleet
To mitigate these risks, the panelists shared a number of strategies that fleets can adopt:
Audit and Close Safety Gaps
A thorough audit of your safety program can uncover vulnerabilities before they become liabilities. Regular reviews of policies, training, and procedures ensure compliance and readiness for legal scrutiny. Safety leaders should be auditing their processes and documentation at least once annually.
“The rise of nuclear verdicts isn’t just bad luck. It’s about fleets not fully understanding their vulnerabilities,” Custer said. “Plaintiff attorneys know how to exploit these weaknesses.”
Not sure where to start? Idelic’s Fleet Safety Self-Audit is a great (free) resource.
Leverage Technology Where Possible
Safety technology offers fleets a level of precision and reliability that manual processes simply can’t match. Eckhart highlighted the critical role technology plays in modern fleet safety. He shared how Dot Transportation uses predictive analytics to monitor risk and improve decision-making.
“Technology like Idelic’s Safety Suite can predict high-risk behaviors before they escalate,” Eckhart said. “It’s not just about preventing incidents; it’s about creating a record that protects you if something does happen.”
These tools also streamline data collection, ensuring fleets maintain detailed records—an essential component of a strong legal defense.
Prioritize Documentation
Both experts emphasized the importance of comprehensive, consistent documentation. Training records, incident reports, and compliance data serve as powerful evidence in litigation.
“If it’s not documented, it didn’t happen,” Custer warned. “Plaintiff attorneys will capitalize on any gaps.”
Build a Safety-First Culture
Custer and Eckhart stressed that a proactive safety culture resonates with juries and reduces risk overall. Fleets should prioritize consistent training, enforce safety policies, and celebrate safety achievements.
“Drivers are your best advocates. When they know safety is a priority, it shows in their actions,” Eckhart shared.
Other Ways to Protect Your Fleet
Beyond day-to-day safety operations, there are several other actions fleets can take to position themselves well for litigation. Speakers encouraged fleets to:
Engage Legal Counsel Early
Establish relationships with defense attorneys who specialize in transportation litigation. They can guide you in preparing for potential legal challenges and will be familiar with your program if you’re facing litigation.
Control Your Fleet’s Reputation
In a world of social media and instant news, even small incidents are scrutinized. Proactively managing your fleet’s reputation can make a difference.
The Role of Technology in Fleet Safety
Technology plays a pivotal role in modern fleet safety. Tim Eckhart highlighted how Dot Transportation uses a Driver Safety Management System to:
- Make sense of large amounts of driver data
- Predict high-cost incidents
- Identify at-risk drivers before issues arise
- Streamline compliance and reporting to avoid legal complications
By integrating technology into their operations, fleets can stay ahead of risk and build a stronger defense against litigation. It shows prosecutors and jurors the fleet is going above and beyond.
Key Takeaways from the Q&A
The webinar concluded with an engaging Q&A session, where attendees sought advice on handling specific challenges. Here are some highlights from that session:
- Document Retention: Fleets should consult legal counsel to establish clear document retention policies, balancing compliance with litigation risks
- Consensus on Cameras: Outward-facing cameras can strengthen defense cases while inward-facing cameras are more sensitive and require clear policies to avoid unintended liability. If done right, they can also strengthen a defense.
- Audits: It’s extremely important to run a mock audit or a “self” audit annually. Conducting audits under attorney-client privilege can also provide an added layer of protection, meaning any liabilities found can’t be used against you in court.
- Driver Acknowledgments: Having drivers sign off on safety policies reinforces compliance and strengthens documentation.
Final Thoughts
Fleet safety is about more than avoiding accidents—it’s about protecting your business, your drivers, and the public. As the webinar demonstrated, addressing litigation risks requires a combination of proactive strategies, a willingness to adopt technology and a genuine commitment to safety from everyone within the fleet.
Watch the full recording of the session here.
Access a free liability self-audit here.
Learn more about how Idelic’s Safety Suite is protecting fleets.
