3 Major Mistakes Cost Millions in Nuclear Verdicts & Preventable Accidents

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The Tragic Cost of Preventable Accidents: A Call for Change in Trucking Safety

In the blink of an eye, a promising life can be cut short due to preventable accidents on our highways. Connor Dzion’s story serves as a stark reminder of the devastating consequences when safety protocols are overlooked in the trucking industry. But what if we could turn this tragedy into a catalyst for change?

The Infinit-I Advantage: Revolutionizing Trucking Safety

Enter Infinit-I Workforce Solutions, a game-changer in the realm of trucking safety. With over two decades of experience and more than 151 million safety awareness training sessions delivered, Infinit-I stands at the forefront of innovation in the industry. Our comprehensive online safety training management system is designed to empower trucking companies and their drivers, ensuring they’re not just prepared for safety inspections, but excel in safety practices year-round.

Here’s how Infinit-I can transform your trucking operations:

Addressing the Critical Issue of Truckers Parking

One of the key factors in preventing accidents like Connor’s is addressing the issue of truckers parking. Infinit-I’s training modules include comprehensive guidance on:

Proper planning for rest stops and overnight parking
Identifying safe and legal parking locations
Managing fatigue and adhering to hours-of-service regulations
Utilizing technology to find available parking spots

By focusing on these aspects, we can significantly reduce the risk of accidents caused by driver fatigue or improper parking.

Turning Tragedy into Triumph: Improving Preventable Accidents

Connor Dzion’s tragic story underscores the importance of comprehensive safety training in the trucking industry. With Infinit-I Workforce Solutions, you can:

Implement a robust safety culture across your organization
Provide continuous, up-to-date training on safety protocols and regulations
Equip your drivers with the knowledge and skills to make safe decisions on the road
Utilize data-driven insights to identify and address potential safety issues before they lead to accidents

By partnering with Infinit-I, you’re not just investing in a training program; you’re investing in the lives of your drivers and the safety of everyone on the road. Our platform goes beyond simple compliance, fostering a culture of safety that permeates every aspect of your operations.

The Infinit-I Promise: Measurable Results, Unmatched Support

When you choose Infinit-I Workforce Solutions, you’re choosing a partner committed to your success. Our platform offers:

Customizable training modules tailored to your specific needs
Real-time tracking and reporting of training progress
24/7 access to training materials for your drivers
Ongoing support and consultation from our team of safety experts

Don’t let another preventable accident occur. Take the first step towards a safer, more efficient trucking operation today with Infinit-I Workforce Solutions. Together, we can honor Connor’s memory by creating a future where tragedies like his are a thing of the past.

Crash Details

Both AJD Business Services and Kahkashan Carrier, along with their drivers, were at fault for the preventable accident. A jury awarded nearly one billion dollars in damages against the trucking companies for their negligent practices.

The AJD driver was tired, over hours, and did not have a commercial driver’s license. He was given a job without proper vetting, verification, or background check. The driver also had poor performance history with multiple violations for aggressive driving and speeding.

Due to his inability to safely operate, he crashed into an RV that had slowed with traffic flow. His trailer flipped and caught on fire. He later told emergency responders that he had been distracted by his phone and was not looking at the road.

The Kahkashan driver who killed Connor was not qualified to drive commercially either. There was no background check or verification to qualify for his employment. If there had been, Kahkashan Carriers would have realized that Mr. Sangha could not read English. This is an immediate disqualification, according to the DOT and FMCSA.

He did not understand Hours of Service regulations either, as he was on his 25th hour of operation at the time of the preventable accident. Rear-ending a vehicle can be a career-ender for a truck driver, even if it doesn’t cost a preventable accident or someone’s life.

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Distracted Driving

Two truck drivers, one cell phone, one dead teenager, and 13 others were injured.

Cell phones and distracted driving are a major concern in the trucking industry. The FMCSA states truck who text while driving is 23 times more likely to be involved in a safety-critical event than those who do not. Distracted driving is one of the leading causes of truck preventable accident fatalities. This preventable accident is a prime example of why truckers should never use hand-held devices while operating.

What happens if a driver is caught using a hand-held phone or texting while driving?

The rule imposes sanctions for driver offenses, including civil penalties up to $2,750 and driver disqualification for multiple offenses. Motor carriers are also prohibited from requiring or allowing their drivers to text or use a hand-held mobile phone while driving and may be subject to civil penalties up to $11,000. Violations will impact SMS results. Texting and calling on a hand-held phone carry the maximum violation severity weighting in SMS!

Disregard for Hours of Service

When a truck driver begins their shift, they have 14 hours to complete all tasks for that shift. In those 14 hours, they can actively drive a maximum of 11 hours. The rest of the 14 hours is used for fueling, inspections, paperwork, etc. The driver who caused the second preventable accident was on his 25th hour of operation with no break in a complete disregard for federal regulations.

There is absolutely no excuse for a truck driver to drive for 25 hours continuously. No reputable carrier, shipper, or receiver would advocate for such actions.

According to the FMCSA’s Large Truck Crash Causation Study, 13% of truck crashes were caused by fatigued drivers.

Research shows that simply being awake for 18 hours can have the same effect as a blood-alcohol level of .08, the legal driving limit for commuter drivers. The symptoms of fatigued driving are inability to focus, impaired decision-making skills, and delayed response time.

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Disqualified Driver

AJD Trucking knowingly allowed a driver to operate without a proper CDL and failed to complete a background check, as reported by the Florida Times-Union. The qualification process was not complete in the hiring of these incompetent drivers. The reason for the entire recruiting process is to protect the company itself and the motoring public.

Mr. Sangha, the Kahkashan Carrier operator, should have been disqualified from driving in the recruiting process. Mr. Sangha did not qualify to be a truck driver because he was not able to read English. The DOT and FMCSA require all truck drivers to be able to read and understand English. He cruised past several flashing signs on the Florida highway warning of a crash ahead. If he had understood these warnings, he would have been aware of the crash ahead. This simple piece of information could have saved Connor’s life.

The Nuclear Verdict

After only 4 hours of deliberation, a Florida jury awarded the Connors family over $100 million for pain and suffering. AJD Services would pay another $900 million in punitive damages.

“This is a message to all those bad trucking companies: Play by the rules the good trucking companies play by. Whether or not they will remain in business is another story.” – Plaintiff Attorney, Curry Pajcic

In recent years, the average verdict amount in the trucking industry has increased 52% annually. The continual upward trend predicts this will be an ongoing challenge. Infinit-I offers several resources to help your company avoid nuclear verdicts and preventable accidents.

Click the following link to download your free copy of our Avoiding Nuclear Verdicts for Preventable Accidents eBook!

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FAQs

What are preventable accidents in the trucking industry?

Preventable accidents are incidents that could have been avoided if the driver had taken reasonable precautions. These accidents often result from unsafe driving practices, poor vehicle maintenance, or failure to follow safety protocols. In the trucking industry, preventable accidents can have severe consequences, including injuries, fatalities, property damage, and significant financial losses for companies.

How do preventable accidents impact a trucking company’s CSA score?

Preventable accidents negatively affect a company’s Compliance, Safety, Accountability (CSA) score. They contribute to the Crash Indicator category, potentially leading to increased scrutiny from regulators and higher insurance premiums. A poor CSA score can result in more frequent roadside inspections, loss of business opportunities, and damage to the company’s reputation. It’s crucial for trucking companies to maintain a good CSA score to remain competitive and compliant in the industry.

What are some common causes of preventable accidents in trucking?

Common causes of preventable accidents include distracted driving, fatigue, speeding, improper vehicle maintenance, and failure to adjust driving to weather conditions. Other factors can include inadequate training, poor route planning, overloading, and non-compliance with hours-of-service regulations. Addressing these factors can significantly reduce the risk of preventable accidents. Companies should focus on comprehensive driver education and strict enforcement of safety policies to mitigate these risks.

How can trucking companies reduce the occurrence of preventable accidents?

Companies can reduce preventable accidents by implementing comprehensive safety training programs, regularly maintaining vehicles, using technology like dashcams and ELDs, and fostering a culture of safety among drivers. Additionally, they can:

Implement rigorous hiring practices to ensure they employ skilled and responsible drivers
Conduct regular safety meetings and refresher courses
Use predictive analytics to identify high-risk drivers or routes
Implement incentive programs that reward safe driving behaviors
Regularly review and update safety policies and procedures
Invest in advanced safety technologies for their fleet

What role does driver training play in preventing accidents?

Effective driver training is crucial in preventing accidents. It equips drivers with the knowledge and skills to identify potential hazards, follow safety protocols, and make better decisions on the road, thereby reducing the likelihood of preventable accidents. Comprehensive training should cover:

Defensive driving techniques
Proper vehicle inspection and maintenance procedures
Fatigue management
Handling adverse weather conditions
Proper cargo loading and securement
Emergency response procedures
Updates on traffic laws and regulations Regular refresher courses and ongoing education are essential to reinforce safe driving practices and keep drivers updated on new safety technologies and regulations.

How does the FMCSA’s Crash Preventability Determination Program affect trucking companies?

The FMCSA’s program allows companies to challenge the preventability of certain types of crashes. If a crash is deemed non-preventable, it’s removed from the company’s CSA score, providing a more accurate reflection of their safety performance. This program can significantly benefit companies by:

Improving their CSA scores, which can lead to fewer inspections and better business opportunities
Providing a fairer assessment of their safety record
Potentially reducing insurance premiums
Offering an opportunity to identify truly preventable accidents and focus on addressing their root causes Companies should be proactive in using this program to ensure their safety records accurately reflect their performance.

What types of accidents are eligible for review under the FMCSA’s Crash Preventability Determination Program?

The program covers various accident types, including those involving infrastructure failure, animal strikes, suicide by truck, and being struck by another vehicle in certain situations. Other eligible scenarios include:

Crashes caused by an individual under the influence of drugs or alcohol
Crashes caused by a motorist driving in the wrong direction
Crashes where the CMV was struck in the rear
Crashes occurring when a vehicle was legally stopped or parked Understanding these categories can help companies identify which preventable accidents may be eligible for review and potentially improve their CSA scores.

How can trucking companies use technology to prevent accidents?

Technologies like dashcams, electronic logging devices (ELDs), and advanced driver assistance systems (ADAS) can help prevent accidents by monitoring driver behavior, ensuring compliance with hours-of-service regulations, and providing real-time safety alerts. Other beneficial technologies include:

Telematics systems for real-time vehicle and driver performance monitoring
Collision avoidance systems
Lane departure warning systems
Adaptive cruise control
Tire pressure monitoring systems
Fatigue monitoring systems Implementing these technologies can significantly reduce the risk of preventable accidents and improve overall fleet safety.

What is the importance of post-accident procedures in managing preventable accidents?

Proper post-accident procedures are crucial for accurately documenting the incident, gathering evidence, and potentially challenging the preventability of the accident. Well-documented procedures can also help in training drivers to handle accident situations effectively. Key elements of effective post-accident procedures include:

Immediate reporting to the company and relevant authorities
Securing the accident scene and ensuring safety
Collecting comprehensive documentation (photos, witness statements, police reports)
Conducting thorough internal investigations
Preserving electronic data from ELDs and dashcams
Implementing corrective actions based on accident analysis Having clear, well-communicated post-accident procedures can help minimize the impact of accidents and prevent future occurrences.

How do preventable accidents affect insurance costs for trucking companies?

Preventable accidents can lead to significant increases in insurance premiums. Insurance companies view these accidents as indicators of higher risk, which often results in higher costs for trucking companies. The impact can include:

Increased base premiums
Higher deductibles
Potential loss of coverage
Requirements for additional safety measures or training programs To mitigate these costs, companies should focus on accident prevention, maintain detailed safety records, and consider higher deductibles in exchange for lower premiums.

What are the legal implications of preventable accidents for trucking companies?

Preventable accidents can expose trucking companies to legal liability, including potential lawsuits and nuclear verdicts. They may also face regulatory penalties and fines, emphasizing the importance of accident prevention strategies. Legal implications can include:

Civil lawsuits from injured parties or their families
Criminal charges in cases of gross negligence
Regulatory fines and penalties
Increased scrutiny from regulatory bodies
Potential loss of operating authority Companies should have robust legal preparedness plans, including relationships with experienced transportation attorneys and thorough documentation practices.

How can trucking companies create a culture of safety to reduce preventable accidents?

Creating a safety culture involves consistently prioritizing safety, providing regular training, recognizing safe behaviors, and involving drivers in safety initiatives. This approach can significantly reduce the occurrence of preventable accidents. Key strategies include:

Leadership commitment to safety at all levels
Open communication channels for safety concerns
Regular safety meetings and training sessions
Recognition and reward programs for safe driving
Implementing a “just culture” approach to incident reporting
Continuous improvement of safety policies and procedures
Encouraging employee involvement in safety committees By fostering a strong safety culture, companies can create an environment where safe practices are the norm, leading to fewer preventable accidents.

What is the role of vehicle maintenance in preventing accidents?

Regular vehicle maintenance is crucial in preventing accidents caused by mechanical failures. Proper maintenance of brakes, tires, lights, and other critical components can significantly reduce the risk of preventable accidents due to vehicle malfunction. A comprehensive maintenance program should include:

Regular preventive maintenance schedules
Thorough pre-trip and post-trip inspections
Prompt addressing of any mechanical issues
Keeping detailed maintenance records
Training drivers to identify and report potential mechanical problems
Using telematics to monitor vehicle health in real-time Investing in proper maintenance not only prevents accidents but also reduces downtime and extends the life of the vehicle fleet.

How does driver fatigue contribute to preventable accidents, and how can it be addressed?

Driver fatigue is a major contributor to preventable accidents. It can be addressed through proper scheduling, education on the importance of rest, and using technology to monitor driver alertness. Compliance with hours-of-service regulations is also crucial in preventing fatigue-related accidents. Strategies to combat driver fatigue include:

Implementing fatigue management programs
Educating drivers on sleep hygiene and the importance of proper rest
Using electronic logging devices to ensure compliance with HOS regulations
Providing adequate time off between shifts
Encouraging drivers to take breaks and naps when needed
Using fatigue detection technology in vehicles
Planning routes to avoid peak fatigue times By addressing driver fatigue comprehensively, companies can significantly reduce the risk of fatigue-related preventable accidents.

What strategies can trucking companies employ to improve their CSA scores after preventable accidents?

To improve CSA scores, companies can implement more rigorous safety training, conduct regular safety audits, challenge incorrectly assigned violations, and use the DataQ system to request reviews of preventable accidents that may qualify as non-preventable under FMCSA guidelines. Additional strategies include:

Implementing a violation reduction plan
Focusing on areas with the highest violation rates
Providing targeted training based on CSA data analysis
Conducting mock DOT audits
Implementing stricter hiring and retention policies
Using predictive analytics to identify high-risk drivers or behaviors
Regularly reviewing and updating safety policies and procedures Consistently applying these strategies can help improve CSA scores over time, leading to better safety performance and reduced regulatory scrutiny.