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DashCam Defense

DashCam Defense

Over the past decade, litigation targeting the trucking industry has skyrocketed. Motorists involved in crashes with big rig trucks are being conditioned by law firms through continuous advertising to sue those carriers for big payouts.
Sadly, this is happening regardless of fault, damages or injury.

When involved in a crash, it’s not uncommon to be in a situation where both sides tell a very different story. One of the ways trucking operations are helping to shield themselves from unwarranted liability is by installing dash cameras in their vehicles. The dash cam provides objective footage showing exactly what happened from its vantage. Despite a pushback from privacy concerns, operating with cameras has gained enormous popularity as litigation becomes a more routine part of the claims handling process. A growing number of insurance companies are even mandating insureds to have dash cameras installed for coverage to exist.

The American Transportation Research Institute (ATRI) reports that large verdicts against trucking fleets continue to increase dramatically, both in number and in size of awards. Motor vehicle accidents in general were the second most common type of claim to result in a nuclear verdict from 2010 to 2019. This must also include vehicle maintenance and driver selection.

Considering that just one bad crash can jeopardize a company’s future, carriers must take extra steps to (at the minimum) validate the driver’s report and any claims made to the contrary. Footage from cameras can help speed up claims investigations by proving fault, potentially saving many thousands of dollars, future premium increases and overall insurability. In addition to reviewing footage following a crash, companies are encourage to utilize the cameras
as a safety training tool to: encourage safer driving habits; monitor for distracted driving, hard braking, speeding, etc.

We highly recommend installing dash cameras in all your vehicles. Below are some key feature considerations for commercial operators.

    • Wide field of view: A camera with a field of view of 120-170 degrees will give you an optimal coverage
    • Quality of video: It’s important to choose dash cameras with at least 2K video resolution. This helps with license plate readability and clarity in low light over lessor resolutions.
    • Cloud connectivity: Provides real-time access to footage, allowing incident review as soon as it occurs. With cloud storage, video is securely saved online, ensuring footage is not lost should a camera become damaged. Cloud capabilities also support quick data transfers.

While dash cameras can shield your operation from unwarranted claims, there are things it cannot help with. Companies need to be sure to vet drivers before putting them in a position of power behind the wheel, adhere to strict maintenance schedules, and make necessary equipment repairs to ensure you’re road ready. It is also advisable to conduct regular driver meetings to discuss
trends, expectations, what-to-dos and include dashcam video as teachable moments. Stay Safe!

An Accident-Free Winter Starts Before the First Storm

Every winter, severe weather contributes to collisions, cargo losses, and costly downtime. The good news is that many of these incidents can be avoided before the first storm ever arrives. While weather itself cannot be controlled, many winter-related accidents can be prevented through preparation, planning, and disciplined driving habits.

Carriers in the Western states face many unique weather-related challenges that can change dramatically over the course of a single trip. Drivers may encounter dense Tule fog in California’s Central Valley, black ice on shaded roadways and bridges, chain requirements in mountain passes, high winds across open deserts, and snow-covered roads at higher elevations.

Tule fog deserves particular attention. Common throughout California’s Central Valley during the winter months, this dense ground fog can reduce visibility to just a few feet, creating dangerous conditions for motorists. Drivers should reduce speed, increase following distance, use low-beam headlights, and avoid sudden lane changes when visibility deteriorates.

Black ice can be equally hazardous because it is often difficult to see. Bridges, overpasses, and shaded sections of the roadway typically freeze before the surrounding pavement and can remain icy even when temperatures appear to be above freezing. Understanding this is key for professional drivers. To reduce the risk of a loss-of-control accident, slow down, avoid abrupt steering, and increase stopping distances.

Excessive speed for conditions remains one of the most common contributing factors in winter collisions. Even experienced drivers can underestimate how quickly stopping distances increase on wet, icy, or snow-covered roads. Reducing speed and increasing your following distance can significantly reduce the likelihood of a weather-related collision. Many winter claims stem from rear-end collisions, rollovers, jackknifes, and roadway departures that occur when drivers encounter changing conditions faster than they can safely react.

Winter weather places added strain on equipment. Minor maintenance deficiencies that may go unnoticed in warmer months can quickly lead to breakdowns, service calls, or accidents during winter operations. Preventive maintenance becomes even more important during winter months. Key areas to focus on: Tires and tread depth; Battery condition; Lighting systems; Windshield wipers; Coolant systems; Air lines and brakes.

This winter may present additional challenges for drivers as forecasters are monitoring what could become a historic El Niño event. While the exact impacts remain uncertain, strong El Niño patterns have historically been associated with increased storm activity, heavy rainfall, flooding, mudslides, and periods of dense Tule fog across portions of the Western United States.

Weather-related challenges will always be a part of driving. The carriers that consistently perform best are rarely the ones that take the most risks. Protecting drivers, equipment, and cargo ultimately protects a carrier’s reputation, operating ratio, and long-term profitability. Stay safe!

California DMV Delays Cancelling CDLs for 60 Days

The California Department of Motor Vehicles (DMV) announced on December 30, 2025 that the agency has extended the cancellation date for approximately 17,000 nondomiciled CDLs by an additional 60 days, from January 6 to March 6. CDL holders who received a letter that their CDL would be cancelled after January 5 will receive another letter informing them of the extension.

This 60-day extension allows the parties to find a solution that permits drivers to remain working to serve our communities. The affected drivers will be receiving letters shortly, informing them of the extension.

DMV stands ready to resume issuing commercial driver’s licenses, including corrected licenses to eligible drivers.

Source: https://www.dmv.ca.gov/portal/news-and-media/california-dmv-extends-date-of-nondomiciled-cdl-action/

REAR-END CRASHES ALARMING CLAIMS TREND

Your claims professionals are warning of a troubling increase in crashes where vehicles collide with the rear-end of a commercial truck. Over the past three quarters, these types of crashes have surged, often stemming from poor decision-making or failure to follow safety protocols.

We’re sharing these incidents not just to inform—but to help you prevent similar outcomes through better awareness and training. The following incidents show how small decisions can lead to major consequences, and how proper training can make the difference.

Recently, one of American Highway Carriers Association’s members experienced a serious incident. A driver noticed an issue with the pressure in the brake chamber while on the road. The driver chose to immediately address the issue. However, instead of pulling fully off the road, the driver stopped partially in the driving lane using his hazard lights—he did not deploy external warning devices.

As vehicles attempted to maneuver around the rig, a pickup truck collided with the rear of the trailer. There was a single occupant in the pickup who sustained severe injuries. The claimant ultimately retained counsel and made a claim
against the member for policy limits. Through investigation it was determined that the driver was aware the truck was having issues yet continued to haul loads. Additionally, police body cam revealed that the truck driver could have
reasonably pulled further to the side potentially avoiding this loss altogether.

Regulatory Reminder:
FMCSA 49 CFR 393.95 – Requires all commercial vehicles to carry reflective triangles or flares.
FMCSA 49 CFR 392.22 – Requires placement of warning devices within 10 minutes.

Unfortunately, this isn’t an isolated case. Another instance of rear-end crashes
involves pulling off to the side of the highway for a non-emergency reason (rest). Most states have laws that prohibit stopping on the shoulder of the highway, except in specific circumstances such as vehicle breakdowns or emergencies. In
this case an AHCA member pulled off the highway at night to get some rest. While parked at the side of the highway with the lights on, an impaired driver veered and slammed into the back of our member’s rig. Despite the other driver’s
impairment, an at-fault determination was made against the truck driver citing California vehicle Code 21718.

These real-world examples while unfortunate, aren’t just claims—they’re teachable moments. Each one highlights a poor decision and a chance to improve safety practices. Let’s work together to reduce crashes and protect lives on
the road. Whenever you must stop unexpectedly use extra caution.

Safety Tips: How to Stay Safe When Stopping Unexpectedly

    • Move as far off the roadway as possible
    • Do not delay, call dispatch/emergency services as needed
    • Avoid stopping near curves, hills, or intersections
    • Wear a high-visibility vest
    • Do not stand in back of the parked vehicle
    • Ensure the scene is safe for yourself and others
    • Deploy warning devices promptly
    • Plan your trip and use designated rest areas whenever possible
    • Train drivers on target fixation and how to avoid becoming a hazard (see Moth Effect –Virginia Tech)
    • Conduct pre- and post-trip inspections and correct issues as required in 49 CFR 396.11 Safety starts with awareness—and continues with action. Share this bulletin with your team, review your roadside procedures, and make safety a daily habit.

TEXTING Behind The Wheel

We’ve all heard it before:
texting while driving is dangerous and illegal. Yet, data shows the problem
persists—most notably among commercial drivers.

From July 13-19 the Commercial Vehicle Safety Alliance (CVSA) conducted its Safe Driver Week. As part of that enforcement campaign, texting or using a handheld device was a frequently cited violation. Commercial motor vehicle drivers received 107 warnings and 79 tickets/citations for texting/using a handheld device while operating a commercial motor vehicle.

The consequences go beyond fines as one driver found out earlier this year. In April, a Florida dump truck driver was texting when he crashed into a pickup, killing its driver. He was sentenced to eight years in prison, plus seven years of probation. Unfortunately, this is not an isolated incident and carriers need to do better.

WHAT EXACTLY IS “TEXTING”

    • Manually entering or reading text on an electronic device
    • Sending messages, emails, or instant messages
    • Accessing web pages or pressing multiple buttons to make a call

FINES AND PENALTIES

    • Drivers can be fined up to $2,750
    • Employers may face fines up to $11,000 for allowing or requiring texting
      while driving
    • Multiple violations can lead to FMCSA disqualification and loss of CDL
      Texting while driving is one of the most dangerous forms of distracted driving
      because it combines visual, manual and cognitive distractions all at once.
      Distraction impairs performance and reduces a driver’s awareness. It makes
      drivers slower to notice and less able to safely respond to critical events on the
      road. In fact, studies show that the impairments associated with using a cell
      phone while driving can be as profound as those associated with driving while
      impaired.

Timely Reporting of Claims

Trucking Crash
Trucking Crash

If/when you are involved in a crash or an incident of liability occurs, that incident should be reported to your insurance company as soon as possible.

Following a crash, several important steps must be taken. First, gather witness statements and their contact information. Next, collect the insurance details of all parties involved, including license plate numbers, and photos/videos of the scene. Finally, report the incident to your insurance company, regardless of the damage involved. Failing to do so could jeopardize your claim and leave you vulnerable to unexpected legal action.

Commercial trucking operations often become targets for claims. Personal auto limits in California are $15,000 for injury/death to one person; $30,000 for more than one person; and $5,000 for damage to property. Vehicles with a USDOT or a CA state serial number are subject to a $750,000 minimum, but most carry $1 million. That limit unfortunately has incentivized people to target truckers regardless of actual damage/injury and there’s no shortage of lawyers willing to help them.

Why Timeliness Matters – When you purchase insurance you enter into an agreement to share the cost of any claims with the insurer. That agreement specifies certain conditions that must be met for coverage to apply. Conditions such as reporting claims and lawsuits to the insurance company in a timely manner and your cooperation throughout the claim process are high atop that list. You should read your policy for specifics as contracts differ. However, if your insurer believes that any delay or breach indicates a false claim or has caused them harm, they may deny your claim or drop your coverage.

Risks of Delayed Reporting – Waiting to report a claim can be risky. The other party might initially agree not to pursue the claim but could later change their mind. Example: It’s now a month or more after the incident and the other party has decided to file a claim. They’ve hired an attorney and are threatening a lawsuit. You’re now at a serious disadvantage as any witnesses (if you have any that can be contacted), may not remember details of the incident as clearly. It’s now more difficult to gather evidence such as video from nearby businesses. You may be less successful in defending that any damages or injuries weren’t the direct result of that crash.

Protect Yourself – When you’re involved in a crash or any incident that could lead to liability, protect yourself by documenting as much as you can with evidence and witnesses. It’s crucial to report it to your insurance company as soon as possible to protect your rights, strengthen your defense and ensure that you remain covered under your policy. Be sure to review your insurance policy to understand your obligations. When in doubt, reach out to your agent for guidance.

Fraud/Theft in the supply chain

Trucking Fraud

Cargo Theft/Identity Theft/Pilfering/Forgery

As the holiday shipping season progresses, the issue of fraud/theft demands urgent attention from every link in the supply chain. The peak shipping period typically sees increased security risks, making it essential for all stakeholders to remain attentive. Cargo theft is the most prevalent form of fraud within the trucking industry and has seen a dramatic increase, with sophisticated schemes such as strategic cargo theft becoming more common.

Recent statistics reveal a staggering 600% increase in cargo theft between November 2022 and March 2023, with experts predicting no signs of a slowdown. The Transportation Intermediaries Association and CargoNet report that California, Texas, and Illinois account for 73% and 57% of all cargo thefts in Q1 and Q2 of 2024, respectively.

Criminals increasingly rely on sophisticated methods to acquire sensitive shipment data that allow thieves to track and stalk those loads. This information can even be obtained from one’s own employees. Recognizing this and the risks associated with not securing shipment details is vital for companies.

Thieves are employing sophisticated methods, such as email spoofing and phishing to acquire sensitive shipment details and personal data (identity theft) that allows them to exploit a company or individual. Once they have those details, you and your security protocols are the last layer of defense.

Three Key Preventive Strategies

Confidentiality: Educate your team about the sensitivity of shipment details and the importance of not divulging those details outside of trusted circles.

Route Variation: Regularly alter routes to disrupt any patterns that thieves might exploit.

Verification: Conduct due diligence when dealing with unfamiliar vendors. Confirm identities through direct contact with the company.

As the trucking industry becomes more technologically advanced, integrating security technology is vital. Tracking/security devices should be installed on each piece of equipment to help monitor, alert, detour and recover. Example: Utilizing GPS tracking can provide real-time location updates, helping to deter thieves and recover stolen cargo more swiftly.

As criminal tactics become increasingly sophisticated, the need for constant vigilance and updated prevention strategies is paramount. Emerging technologies may soon revolutionize how the industry secures cargo but until then be ever watchful and do your part and protect your equipment and your data.

If you do not already have an anti-fraud/theft training process in place, it is time. Fraud/theft are tied to your reputation, your cost of doing business, your safety rating, your finances and so much more.

Below are some strategies that you can incorporate into your training programs.

    • When encountering unfamiliar individuals claiming to be from a vendor, reach out to that vendor and confirm the legitimacy of the that individual before proceeding.
    • If/when you receive a promise of an offer that is significantly generous, be skeptical and make the effort to understand the reason behind such offers.
    • Refrain from responding to unsolicited emails and clicking on links from unfamiliar sources.
    • Monitor and verify carrier legitimacy. Check how long a carrier has been in business, confirm DOT registration, and ensure that phone numbers and email domains are valid.
    • Maintain password confidentiality and strength. Regularly update passwords and close accounts or systems that are no longer needed.
    • Regularly update training and security protocols to stay ahead of evolving threats.

Despite these extensive precautions, fraudsters adapt and find new ways to exploit vulnerabilities in the supply chain. Adding to the already long list of criminal strategies is a new form of fraud — document forgery which consists of the non-delivery of whole shipments. Assuming the role of a professional driver to fraudulently secure a load, criminals drive the load to its intended destination, partially unload it and then alter the bill of lading to show the complete load was delivered.

Freight fraud in the trucking industry represents an estimated $800 million annually. There is no estimate for how much that costs a carrier or broker’s business.

Renewable Diesel

Renewable Diesel

Renewable Diesel

found to reduce 2x more CO2 than BEVs

 

Is there still a viable option for internal combustion diesel engines? The answer is a resounding yes according to a recent report by the American Transportation Research Institute (ATRI).

In May 2022, the ATRI compared the life-cycle carbon dioxide (CO2) emissions of petroleum diesel fueled trucks to alternative fueled trucks. Their findings included a potential 30% decrease in life-cycle CO2 per truck through the use of battery electric vehicle (BEV) trucks and a 67.3% decrease through the use of renewable diesel (RD) in existing Class 8 trucks.

RD is a fuel that is produced to be “chemically identical” to petroleum diesel; thus, RD can be mixed with petroleum diesel in any amount or used as a standalone, drop-in fuel in a traditional diesel truck without consequences.

A second ATRI study, published in December 2022, looked at the technical and electric infrastructure-related challenges of shifting to BEV trucks. That report identified substantial barriers to implementation including:

• Insufficient electricity generation, transmission and distribution in the U.S.;
• The need for a widely accessible truck charging network; and
• Complications related to the mining and processing of battery materials

Now, the ATRI has taken a more robust look at the factors and benefits of using RD as an alternative to BEV in its research titled Renewable Diesel – A Catalyst for Decarbonization.

Renewable Diesel is a biofuel (not fossil) and represents an alternative and/or supplement to petroleum diesel. Biofuels are made from plant- and animal-based products and waste streams that are converted into a usable fuel. Biofuels are considered renewable since they are derived from organic material that can be grown – such as soybean, corn oil and even algae which would help to satisfy those that fear competition with food sourcing.

In the U.S., California leads the push for zero-emission vehicles. In its current long-term regulatory focus for heavy-duty trucks, zero “tailpipe” emissions not necessarily lifecycle emissions is highlighted. This essentially limits the trucking industry to a few options. All the while, an increasing number of zero-emission vehicles (ZEV) are required to be brought to the new truck market until a no new internal combustion mandate in 2036 for class 4-8 trucks.

So what can be done? Well, let’s take a look at the European Union’s (EU) example, the EU provides member states a choice of decarbonization options. The Council of the EU has stated that “while the strengthened CO2 reduction targets will accelerate the uptake of ZEVs, a significant part of the stock of heavy-duty vehicles on the roads will remain internal combustion engine vehicles”. Recognizing ZEV challenges, the EU chose to raise the overall renewable energy consumption to 42.5% by 2030 across all sectors instead of a mandate for ZEVs.

The bottom line is that while we have a serious emissions problem we also need to keep freight moving. RD use decreases CO2 emissions significantly when compared to petroleum diesel. However, an across the board ZEV trucks mandate would result in higher overall CO2 emissions compared to policies and programs to increase the production and use of RD.

Considering that BEVs produce substantially more CO2 emissions over their life-cycle than do internal combustion RD, why isn’t there a bigger effort towards renewable fuels to supplement ZEVs? Shouldn’t all CO2 emissions be considered – not just at the tailpipe?

Dash Cam Defense

Over the past decade, litigation targeting the trucking industry has skyrocketed. Motorists involved in crashes with big rig trucks are being conditioned by law firms through continuous advertising to sue those carriers for big payouts. Sadly, this is happening regardless of fault, damages or injury.

Dash Cam Defense

 

When involved in a crash one of the ways trucking operations are helping to shield themselves from unwarranted liability is by installing dash cameras in their vehicles. This is a trend that is gaining a lot of popularity as litigation becomes a more routine part of the claims handling process. Some insurance companies are even surveying their insureds for a partnership to have those cameras installed.

 

The American Transportation Research Institute (ATRI) reports that large verdicts against trucking fleets continue to increase dramatically, both in number and in size of awards. Research conducted over 13 years of data reveals that in the first five years of that data (600 cases between 2006 and 2019), there were 26 cases settled for over

$1 million, and in the last five years, there were nearly 300 cases. Considering that just one bad crash can jeopardize a company’s future, carriers must take extra steps to (at the minimum) defend their driver’s actions behind the wheel. This must include vehicle maintenance and driver selection.

Example scenario: Over the past summer, one of our clients was traveling through an intersection and collided with a motorist and their family turning left in front of him. The initial charge was made against the truck driver placing blame solely on him for speeding through the intersection.

In this particular case, our client’s vehicle was not equipped with a dash camera. However, the determined minds of the claims staff including the driver decided to approach surrounding businesses for any video cameras they may have had rolling at the time of the crash. Fortunately for our client, one business owner’s camera captured the entire incident and thankfully they were willing to share that video. The video evidence along with data from the truck’s engine control module validated the driver’s innocence and showed the driver of the other vehicle making a poor choice that led to the crash.
Without this evidence, attorneys likely would have scoured his record looking for any missed maintenance, prior crashes, citations, criminal history, etc in an effort to paint an irresponsible and reckless monster behind the wheel. They would then point their attention at the company that hired this “irresponsible” driver and add them to the lawsuit.

As you might imagine, this is not a situation anyone would want to be in. Still, it happens frequently and truckers need to be prepared. We highly recommend installing dash cameras in your vehicle(s). Additionally, companies need to adhere to strict maintenance schedules, make necessary repairs, and vet drivers before putting them in a position of power behind the wheel. It is advisable to conduct regular driver meetings to discuss trends, expectations, what-to-dos and incentives. Reach out to us if we can be of assistance.