Do Lawsuits Play a Role in Truck Safety?

04/27/2009

When trucking companies make decisions, perhaps the single most important factor they consider is profitability. After all, why even be in business if you can’t run it in a way that makes money.

And making money is not a bad thing. Success in business is an important part of what keeps the engines of our economy running. The ability to turn a profit is what drives investments and encourages thrift and hard work.

But when the desire to make a profit drives one to make decisions that endanger peoples’ lives…well, that is a whole new matter.

So what role do lawsuits play in truck safety?

At any given moment and in every single state in our country, there are numerous rules and regulations about how to keep trucks driving safely. Some of these are simple…speed limits, for example, are the most obvious. Trucks need to obey the same speed limits we do and in some cases need to take extra precautions in certain situations.

Trucks also have regulated weight limits and drivers are supposed to limit their hours and get enough sleep to avoid serious fatigue. The number of safety regulations on the books is almost immeasurable…and like speed limits, they get bent all the time.

But like a speed limit that can be exceeded “when nobody is looking”, many of the rules and regulations that are in place to keep our roads safe from dangerous semi-trucks are often pushed to their limits -- and beyond.

Practice tells us that too many times, rules are ignored in order for a trucking company to save time and money – and yes, to increase profits.

That’s where lawsuits come in.

If neglect or even purposeful behavior causes an accident, it can cost a corporation money…and when the damages are serious, it can have a serious impact on profitability.

In that way, lawsuits and even the threat of lawsuits can change the equation.

Pushing drivers to “make time” or allowing tires to get too bald, or foregoing maintenance to save money can actually, thanks to lawsuits, cost the company money. Yes, the threat of an accident…and the resulting payments for damages…can and often does change bad behavior.

Imagine a scenario where a trucking company never had to pay for the accidents they caused…would some accountant in the home office really care about driver fatigue? Would the corporate headquarters be more or less likely to spend money on repairs that could be put off another month? Or would they say, “let’s put on new tires sooner just because it’s the right thing to do”?

Of course, most people would do the right thing…but what about those who don’t.

Can government regulators really oversee millions and millions of trucks traveling billions and billions of miles?

Or does the possibility that paying for the harm you cause force even bad operators to do the right thing?

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