Trucking Risk & Compliance

Georgia bill would restrict truck-crash lawsuits against insurers

A bipartisan measure that would largely protect insurers from being sued directly after crashes involving trucks is on its way to Georgia Gov. Brian Kemp for his signature or veto.

The state House of Representatives passed the bill 172-0 on Monday after the legislation passed in the Senate by a vote of 46-2. Backers say that no longer permitting direct lawsuits against insurers would expand the beleaguered insurance market for trucking companies and lower premiums, media outlets reported.

Insuranc...

https://www.freightwaves.com/news/georgia-bill-would-restrict-truck-crash-lawsuits-against-insurers

Seatbelt use can now be used as evidencein accident lawsuits in Indiana

Gov. Eric Holcomb of Indiana on Monday signed into law a bill that allows a plaintiff’s failure to use a seatbelt to be introduced as evidence in vehicle accident lawsuits. The bill permits juries to reduce damage awards based on that information.

House Bill 1090 has drawn praise from Chris Spear, president and CEO of the American Trucking Associations. After legislators passed the bill in February, Spear said the existing law forbidding seatbelt use as evidence leaves jurors with incomplete...

https://www.freightwaves.com/news/seatbelt-use-can-now-be-used-as-evidencein-accident-lawsuits-in-indiana

Bills in Wisconsin, Indiana could reduce nuclear verdicts against carriers

A newly passed bill in Wisconsin would limit non-economic damage awards in lawsuits involving commercial vehicle accidents, and Indiana lawmakers have passed a bill that would allow a plaintiff’s seatbelt use to be entered as evidence in accident lawsuits.

Both bills, which have implications for multimillion-dollar nuclear verdicts against trucking companies, now go to the states’ governors for their signatures.

The Wisconsin bill would cap nonmonetary damages — such as pain and suffering — at $1...

https://www.freightwaves.com/news/bills-in-wisconsin-indiana-could-reduce-nuclear-verdicts-against-carriers

Video review services change the game for carrier risk mitigation

These days, dashcams do much more than record events on the road and in the cab. Dashcams can detect accelerometer-triggered events to relay back to a carrier in real time, and AI-powered dashcams take it to the next level with the ability to alert a carrier to everything from distracted and fatigued driving to speeding and failure to obey the rules of the road. This gives carriers a newfound ability to exonerate drivers in the event of a crash, as well as proactively prevent accidents and...

https://www.freightwaves.com/news/video-review-services-change-the-game-for-carrier-risk-mitigation

New Jersey hikes truck insurance minimum to $1.5M, higher than most states

A recent change in New Jersey law requires a significant increase in the amount of coverage a large commercial vehicle must carry, raising the requirement to $1.5 million. 

While some state legislators have been pursuing the change for several years, the final bill was approved last month and signed by New Jersey Gov. Phil Murphy.

Backers of the law declined to answer several questions emailed by FreightWaves regarding the specifics of the law. Various websites tied to insurance companies have...

https://www.freightwaves.com/news/new-jersey-hikes-truck-insurance-minimum-to-1-5m-higher-than-most-states

Carriers can reduce legal, financial risk with more frequent MVR monitoring

Many carriers pull their drivers’ motor vehicle records (MVRs) to check for violations and privilege suspensions just once a year. This means that, in some cases, a driver could lose driving privileges for up to 364 days before a carrier ever finds out.

This “same time next year” approach to MVRs doesn’t work in the carrier’s favor. While FMCSA has issued minimal requirements surrounding MVR checks, carriers doing only the bare minimum are creating and perpetuating visibility gaps that leave...

https://www.freightwaves.com/news/carriers-can-reduce-legal-financial-risk-with-more-frequent-mvr-monitoring

What you need to know about the California intrastate ELD mandate

Professional interstate drivers have been required for the past several years to use ELDs to keep track of their hours of service. Since the implementation of the mandate, many states have also adopted ELD use for intrastate drivers. California is next, adopting ELD use for drivers at the turn of the year.

The California Highway Patrol has issued a final rule requiring ELD use by intrastate drivers on and after Jan. 1, 2024. The rule requires the use of devices that meet the requirements in Part...

https://www.freightwaves.com/news/what-you-need-to-know-about-the-california-intrastate-eld-mandate

Mastering cargo securement: Tips to prevent violations and ensure road safety

Severe weather, rough and steep roads, and congestion are just a few of the countless factors that can contribute to cargo becoming dislodged or shifting mid transit. Proper cargo securement is a must to protect freight, prevent claims and most importantly, keep drivers and the public safe.

While not all cargo securement violations are out-of-service violations, cargo securement violations were the fourth most common type of violation during the Commercial Vehicle Safety Alliance’s (CVSA’s) 202...

https://www.freightwaves.com/news/mastering-cargo-securement-tips-to-prevent-violations-and-ensure-road-safety

What’s behind rising insurance costs?

When carriers think of operational costs, what comes to mind is typically driver wages and benefits, fuel costs, repairs and lease payments. Trucking insurance costs, however, have crept higher over the better part of the last decade and are a growing, yet controllable, expense for carriers. 

According to the American Transportation Research Institute’s (ATRI) Operational Cost of Trucking report, truck insurance premiums have risen from 6.4 cents per mile in 2013 to 8.8 cents per mile in...

https://www.freightwaves.com/news/whats-behind-rising-insurance-costs

5 advantages of outsourcing driver qualification file management

Hiring qualified drivers and ensuring they remain qualified to drive is central to a good safety compliance program. Trucking companies must ensure all new and existing drivers are up to code with state and federal regulations governing truck drivers, which indicates they meet the minimum safety and health requirements to operate a commercial motor vehicle. A driver’s record of these qualifications is called a driver qualification (DQ) file.

Because of the frequent onboarding due to high driver...

https://www.freightwaves.com/news/5-advantages-of-outsourcing-driver-qualification-file-management

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