Carlos Pozo (center) addresses the crowd during the 2024 Fleet Safety Conference session “Post-Crash Evaluation & Mock Trial: What to Know, How to Prepare”, alongside Adam Kahn (left) and moderator Judie Nuskey (right).
Photo: Ross Stewart Photography
At the recent Fleet Forward and Fleet Safety Conference in San Diego, industry leaders collaborated to address a critical concern for fleet managers: enhancing safety while mitigating liability risks. The Post Crash Evaluation session revealed crucial insights for fleet managers.
The session demonstrated how effective crash prevention rests on three key pillars: strategic driver training programs, sophisticated event recorder analytics, and robust operational policies. Through a detailed case analysis, participants explored how these elements enhance fleet safety and protect organizations from liability.
Driver Safety Training: A Foundation for Prevention
Driver safety training stands as the fundamental pillar of crash prevention. Panelist Carlos Pozo, a retired law enforcement officer with extensive crash reconstruction experience, highlighted the importance of regular and practical training. He emphasized that training should teach drivers to remain vigilant, avoid tunnel vision, and consistently scan their environment for potential hazards.
Recognizing that drivers learn in different ways is critical to the success of any training program. While some drivers may benefit from visual aids like videos and diagrams, others may excel with hands-on exercises or verbal instruction.
Incorporating a mix of learning methods ensures that all drivers — regardless of their preferred learning style — can fully grasp and apply key safety concepts. This inclusive approach strengthens engagement and retention, equipping drivers with the skills to navigate risks effectively.
How Event Recording Systems Protect Drivers and Fleets
Event recording systems have become crucial safety tools in modern fleet management. According to Netradyne’s Adam Kahn, these systems offer multiple benefits:
- Provide objective incident documentation
- Support driver defense in accident cases
- Streamline claims processing
- Offer clear evidence for liability determination
The event recorder footage reviewed by Pozo and Kahn demonstrated that the driver could not have avoided the crash caused by the other vehicle. This crucial evidence cleared the driver of fault, shifted liability away from the fleet operator, and streamlined the claims process. However, Kahn cautioned fleets to establish reasonable data retention policies to balance operational needs with legal risks.
The event recorder footage reviewed by session speakers Carlos Pozo and Adam Kahn demonstrated that the driver could not have avoided the crash caused by the other vehicle.
Strengthening Policy Frameworks
Pozo emphasized the critical role of updated safety policies in fleet management. He highlighted that clear, practiced protocols are essential for guiding driver behavior, especially during incidents. His recommendations centered on three crucial areas:
Post-Incident Protocol
- Drivers should remain in their vehicles following accidents
- Minimize unnecessary movement at crash scenes
- Follow structured procedures when interacting with law enforcement
Vehicle Record Management
- Mandatory reporting of personal driving infractions
- Regular review of driving records
- Documentation of all safety-related incidents
Communication Guidelines
- Clear policies on both company and personal phone usage
- Recognition that all phone records may be subject to legal discovery
- Structured protocols for incident reporting and documentation
This session was interactive and included audience participation with questions such as:
Has anyone in the audience dealt with a fleet crash still tied up in the court system?
- This question led to a discussion about handling liability and the importance of clear policies for drivers at the scene of an accident.
Is it best practice to tell drivers not to admit fault at the crash scene?
- The panelists emphasized the significance of drivers maintaining neutrality and providing only factual details to law enforcement.
How many fleets currently use forward-facing cameras, and who is considering implementation?
- This sparked a conversation on the benefits of telematics and how they aid in training and exonerating drivers.
Can personal cell phone usage be subpoenaed during litigation?
- This inquiry delved into the necessity of including company and personal phones in safety policies.
This year’s session successfully blended theory with practice, providing actionable takeaways for fleet managers. The session concluded with enthusiastic feedback from attendees, many of whom posed additional questions and shared their fleet safety challenges, as well as a powerful takeaway: preparation is key.
Fleet managers were encouraged to conduct mock trials simulating crash scenarios within their organizations. This exercise prepares teams for potential legal challenges and reinforces the importance of safety protocols and training.
By embracing these strategies, fleets can protect their drivers, reduce liability, and foster a safety culture that benefits their operations and the community.
