Could Your Safety Program Survive a Plaintiff Attorney?
Most fleet owners focus on passing a DOT audit.
But after a serious accident, the bigger question becomes:
Could your safety program withstand scrutiny from a plaintiff attorney?
When litigation follows a crash, attorneys don't just investigate the accident itself. They investigate the company behind it. Their goal is to determine whether the carrier took reasonable steps to operate safely and whether there were warning signs that should have been addressed before the incident occurred.
The reality is that many fleets have safety programs on paper but struggle to demonstrate consistent implementation when records are requested.
Documentation Matters More Than Good Intentions
You may have policies in place, but can you prove they were followed?
After a crash, attorneys often request:
Driver Qualification Files
Driver training records
Hours of Service documentation
Vehicle maintenance records
Accident history
Corrective action documentation
Drug and alcohol testing records
Safety meeting attendance records
Missing documentation can create the appearance that a program wasn't being followed, even if the company believed it was operating responsibly.
Driver Coaching Should Be Documented
Many companies regularly coach drivers after incidents, inspections, or performance concerns.
The problem?
Those conversations may not be documented.
If a driver receives multiple speeding violations, inspection violations, or preventable accidents, attorneys will want to know:
Was management aware?
Was an investigation completed?
Was coaching provided?
Was additional training required?
Was the issue monitored?
Was it documented?
Without documentation, it becomes difficult to demonstrate that corrective measures were taken.
Best practices in a safety program include:
Investigation of the event
Root cause analysis in certain circumstances
Driver coaching
Retraining when necessary
Follow-up reviews
Documentation of all actions taken
The ability to demonstrate a corrective action process can significantly strengthen a company's position when safety practices are questioned.
Training Records Can Tell a Story
Training is one area attorneys examine.
Can you demonstrate:
New hire orientation records?
Defensive driving training?
Hours of Service training?
Safety meetings?
Remedial training?
A company that can produce training records may be in a stronger position than one that relies on verbal instruction and undocumented conversations.
Accident Investigations
Best practices include:
Driver statements
Witness information if available
Photos and evidence
Root cause analysis or investigation
FMCSA Preventability determination program review
Remediation
Documentation
An investigation can demonstrate a commitment to safety and continuous improvement.
The Question Isn't Whether Your Safety Program Will Be Scrutinized
The question is whether you'll be prepared when it happens.
Some companies discover gaps in their safety program after an accident occurs and records are requested by attorneys, insurance carriers, or regulators.
By then, it's too late.
A Strong Safety Program Can Also a Strong Defense
The best safety programs manage risk and help demonstrate that a company takes compliance, training, and risk management seriously.
At LEC, LLC, we help transportation companies evaluate their safety programs, identify vulnerabilities, and strengthen the documentation that supports them. Through mock audits, compliance reviews, driver qualification file evaluations, and safety consulting, we help fleets prepare before problems arise.
Not sure how your safety program would hold up under scrutiny? Contact LEC, LLC for a comprehensive safety and compliance review.
