Insights from a recent case highlight the critical importance of adhering to industry standards in driver monitoring and fleet safety.
A recent case in Denver involving a major national trucking company underscores how even well-established carriers with strong safety reputations can face significant legal exposure when internal oversight falters.
The incident involved a regional fleet driver with a 12-year tenure who had accumulated over 440 hard braking events and multiple near-miss incidents during his time with the company. While some of these events had been the subject of counseling, the majority were dismissed without appropriate follow-up or escalation, a significant deviation from both company policy and broader industry standards.
The crash at the heart of the case occurred during inclement weather on I-25, where a passenger vehicle stalled in the right-hand lane. Several truck drivers successfully avoided the immobilized car, but the defendant driver, who had a documented history of inattentiveness, did not. He collided with the stalled vehicle and sent it careening down the highway, causing serious injuries to its occupant.
Our expert, James Lewis, was retained in this case by the plaintiff after previously defending this same carrier in three separate lawsuits. He thoroughly analyzed hundreds of pages of GPS logs, telematics data, and driver behavior records. His conclusion was unequivocal:
"Hard braking events in a commercial vehicle are only acceptable in an actual crash or evasive maneuver. A consistent pattern of such events signals aggressive or inattentive driving."
In contrast, a defense expert attempted to minimize the significance of these hard braking events, an assertion that ran counter to established industry norms, Department of Transportation (DOT) training guidelines, and the company's internal policies.
This case offers several key takeaways for those involved in trucking litigation or fleet safety management:
1. Hard Braking is a Red Flag
Hard braking should not be normalized or dismissed. It's a reliable indicator of inattentive, aggressive, or otherwise unsafe driving behavior. A persistent pattern demands corrective action and documentation.
2. Training and Policy Enforcement Matter
Written safety policies and driver training protocols are only as effective as their enforcement. Failure to address repeated violations can expose companies to liability and diminish credibility in court.
3. Objective Expert Testimony is Critical
In high-stakes litigation, the credibility of expert witnesses is paramount. Testimony must be aligned with industry standards and verifiable evidence.
This case ultimately resolved in favor of the plaintiff, due in no small part to the overwhelming weight of objective evidence and a thorough, fact-based expert analysis. It stands as a powerful reminder: when safety oversight slips, the legal and human costs can be substantial.
