Long before a fleet vehicle crash reaches a courtroom, a company’s routine decisions have already begun shaping the case. During a recent Risk Control Webinar, transportation attorney Steve Setliff explained how hiring standards, training records, maintenance protocols, and crash response can determine whether a jury sees a safety-conscious organization or a business that overlooked preventable risks.
“Narrative can drive a jury to punish a business, particularly as commercial vehicle verdicts rise,” Setliff said, emphasizing the high stakes involved. “The average verdict in a commercial motor carrier case that reaches trial now approaches $28 million.”
Continue reading to learn more about Setliff’s strategic guidance on strengthening hiring, training, documentation, and post-crash response before litigation begins.
For fleet operators, preparation starts with anticipating how plaintiffs’ attorneys will examine the business. Hiring, retention, training, and equipment maintenance can all become evidence. Organizations should review each process before litigation exposes gaps. They should also be prepared to explain why their standards exist, how those standards evolved, and how they compare with industry practices.
A defensible hiring process requires more than meeting an insurer’s requirements. Setliff encouraged companies to establish and document their own criteria, including:
“You’ve got to have your own standard. You can’t delegate to somebody else the decision-making process,” Setliff said.
The same discipline should continue after hiring. Organizations should define how they handle coaching, progressive discipline, and termination, then apply those standards consistently. When leaders retain an employee after a safety concern, they should document the facts and the reasonable basis for the decision. A consistent record can demonstrate that the company evaluated the issue rather than ignored it.
Training remains one of the strongest risk management tools within an employer's control, Setliff said.
Effective onboarding should address the equipment employees will use, the locations where they will work, and the tasks they will perform. Ongoing training should address incidents, telematics alerts, and emerging risks rather than relying solely on an annual meeting.
Documentation gives that training credibility. Records should include:
Technology can create additional exposure when a company uses telematics or camera systems but fails to monitor or address the alerts they generate, Setliff cautioned. His advice was direct: "Document, document, document."
Preparation must continue after a crash. Setliff recommended a clear response protocol that identifies when to send counsel, an accident reconstruction specialist, or an independent adjuster to the scene. Drivers also should know how to:
These practices extend beyond fleet safety. Businesses strengthen their defense when they make thoughtful decisions, apply standards consistently, and preserve evidence of their actions. A complete record can help counsel replace a "bad company" narrative with a more accurate account of a responsible organization that takes safety seriously.
This presentation was part of Captive Resources’ Risk Control Webinar Series — regular installments of webinars to educate the group captive members we work with on topics like workplace safety, organizational leadership, and company performance. The thoughts and opinions expressed in these webinars are those of the presenters and do not necessarily reflect Captive Resources’ positions on any of the above topics.
