Large Verdicts in Trucking Accidents Identify Opportunities for Driver Coaching

Trucking companies have been dealing with a massive surge in large jury verdicts. Over a nine-year span, large verdicts related to truck crashes have increased 1,000%.¹ The trend has led to the term, “nuclear verdicts,” for damage awards exceeding $10 million. The numbers are staggering, and driver coaching may be the key to help trucking companies mitigate these risks.

Two key points to consider are: driver coaching and right-sized insurance coverage. The first gets to the heart of safe driving behaviors and the second focuses on financial protection that may help when things go wrong.

Trucking companies can help fortify their businesses through lessons learned from the verdicts imposed on their peers and by implementing and reinforcing safe driver training.

How can driver coaching and training help?

Accidents happen. Consider the following large verdict cases where a robust driver training program may have helped a trucking company avoid the devastating blow of a nuclear verdict against them. Could driver coaching have led to a better outcome?

Case #1: blocked roadway resulted in fatal collision

$247 million verdict²

A truck driver was backing a tractor trailer into a driveway when it blocked the road. An oncoming van struck it, and the collision was fatal. The parents of the deceased sued the trucking company and the vehicle driver, alleging negligent operation of a vehicle and inadequate driver training. They sought recovery of damages for past and future loss of companionship, loss of society and mental anguish. The jury found that the tractor trailer driver was acting within the scope of his employment and bore responsibility for 65% of the incident. The trucking company bore 20% responsibility and the company owner bore 10% responsibility. In the final verdict, the parents were awarded $247 million. How might this have been mitigated or avoided altogether?

The benefits of route planning

This verdict example underscores the value of proper route planning. Coach your drivers on how to deliver cargo in typical customer scenarios. Route planning training can help truck drivers have the best chance to execute their delivery safely and successfully.

“We consult our customers on the value of training their people in the best practices for delivering to their customers in a variety of conditions, and to consider the hazards involved in each delivery route,” said Bob Bringgold, Northland Risk Control Transportation Director. For example, route training coaches drivers to look for ways to approach a destination that will not block the road for oncoming traffic.

“The key is to have route planning training, so the driver has the chance to execute successfully,” Bringgold said.

Tip: It may not always be possible, but avoid backing up whenever you can.

Case #2: tractor-trailer ran red light, causing accident

$70.6 million verdict³

While driving through an intersection, a tractor-trailer broadsided an SUV. The driver of the SUV and her son claimed to have suffered multiple injuries, including traumatic brain injuries. The SUV driver’s daughter claimed to have sustained minor injuries, but also post-traumatic stress disorder from the accident. The SUV driver sued the driver of the tractor-trailer and the owner of the truck on behalf of herself and her children. She claimed the company was negligent in entrusting the truck to the driver and was vicariously liable. The jury awarded $70.6 million in damages.

The benefits of intersection training

Intersections can present challenges for truck drivers. Larger vehicles have characteristics that can heighten the risk of an accident. The longer a vehicle is, the more time it needs to clear an intersection. It also needs more space to turn. Add to that typical intersection complexities – the bike rider, jogger, or jaywalker – and drivers who have gained protective driving skills through training can be in a better position to negotiate challenging intersections. Intersection training can help.

“Clearing intersections is an important skill for drivers,” said Northland Risk Control Specialist Anthony Slamar. “A driver’s key tools for preventing intersection crashes are a keen understanding of the vehicle and vigilance. Coaching can help drivers assess the area, avoid collisions, and focus on increasing reaction time for the unexpected.”

Technology like Advanced Driver Assist Systems (ADAS) can be useful. They can help prevent or mitigate some types of lane-change and merging crashes. For training purposes, telematics technology can be useful.

How can telematics help in driver coaching?

Studying intersection accidents and cross-referencing the learnings with telematics data can help make the most impact. For example, trucking companies use the data from telematics programs to help identify drivers with risky driving practices. Repeated risky behavior may indicate that a driver needs more training. It may also suggest that a driver has developed driving practices that need to change. Whatever the data reveals, it provides trucking businesses helpful intelligence they can use to make informed decisions in the best interest of their drivers’ safety and their business.

Tip: Develop a fleet safety program that includes hiring best practices including, for example, reviewing a candidate’s driving history before allowing the driver to drive for the business and periodically thereafter.

Case #3: tractor-trailer rear-end collision with SUV

$43.1 million verdict⁴

A truck driver rear-ended the vehicle of a nurse driving in northwestern Indiana. She claimed to have suffered injuries and a permanent disability that ended her 25-year nursing career. She also claimed her injuries restricted her daily living and emotionally impaired her and her husband.

The plaintiff sought compensation for her injuries and payment for past and future medical costs and lost wages. She prevailed against the tractor-trailer operator and his trucking company employer. In this scenario, a collision-avoidance system may have helped mitigate or avoid the accident.

The benefits of collision-avoidance systems

Collision-avoidance systems are designed to help reduce the risk of many types of accidents, including rear-end collisions – the most common type of severe loss in trucking accidents.⁵ Today, many class-A trucks come equipped with rear-end collision warning systems to alert drivers to obstacles ahead. Still, truck drivers must be intimately familiar with the vehicle they are driving and know how long it will take to stop their truck as well as its recommended following distance for ideal and adverse conditions. The additional support of collision-avoidance technology can help reduce the risk of rear-end crashes.

How do large verdicts impact trucking insurance costs?

Trucking insurance costs have been creeping up. Contributing to large claim costs are nuclear verdicts such as those mentioned above. In addition, bodily injury claim severity has increased by 40 percent between 2018 and 2022.⁶ Other contributing factors include the rising costs of equipment and repairs.

Carriers with riskier driving practices typically see a dramatic rise in insurance costs. Having a strong fleet safety and driver training program can be part of an effective strategy for keeping insurance costs manageable. Likewise, trucking companies can take advantage of the safety tools and data available through their insurance carriers to help identify risks, train drivers in safe habits, reduce accidents and mitigate lawsuits.

It’s important to understand that the issues creating this trend of rising insurance costs are universal. Commercial auto insurance customers around the world face them. Understanding the factors driving up rates and what your company can do to reduce risks and the costs may be your best defense.

Talk with a Northland agent to review your coverage and learn about resources your company can use to evaluate and train your drivers.

Sources

^{1, 2, 3, 4} The National Law Journal’s 2016-2022 editions of the Top 100 verdicts in the United States. The verdicts summarized above do not involve Travelers insureds.

⁵ NHTSA Traffic Safety Facts Annual Report, Table 29, Crashes by First Harmful Event, Manner of Collision, and Crash Severity, 2020, Updated June 24, 2022.

⁶ Auto Insurance: The Uncertain Road Ahead (2023, American Property Casualty Insurance Association).