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TN Truck Thought Podcast Episode 30

posted by TrueNorth Transportation on Tuesday, May 20, 2025

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Trucking Accidents and How to Handle Them: A Legal Viewpoint

Step one: Activate your response plan immediately 

The most common mistake carriers make? Delay. According to Stanaszak, “Doing nothing or delaying your response is the biggest liability risk.” Every carrier should have a crash response protocol that includes: 

• Notifying internal safety and dispatch teams 
• Contacting insurance and legal counsel 
• Guiding the driver through immediate next steps 

For drivers, the first priority is safety: call 911, secure the scene, and then document everything–without editorializing. “Stick to the facts,” Stanaszak advises. “Don’t speculate or assign blame.” 

Documentation

Photos are good, but videos are better. Biblis emphasized the importance of capturing the full scene, not just close-ups of damage. “We want to see what the driver saw, what the other driver saw, the whole environment,” he said. Stanaszak added that video can even capture uninjured claimants at the scene, which can be invaluable in litigation. 

Pro tip: Encourage drivers to walk around the vehicle with their phone camera rolling. It’s fast, easy and often more useful than a dozen still shots. 

Managing emotions and memory

Crashes are emotional. Drivers may be shaken, confused or even traumatized. “Teach drivers to take a deep breath, call for help and wait for instructions,” said Stanaszak.  

And remember: memory is fallible. “We don’t record driver interviews immediately after a crash,” Stanaszak explained. “Stress distorts memory. We wait until they’ve had time to process.” 

What not to do

Here are the top mistakes to avoid: 

• Drivers speculating (“I think I had the green light”)–stick to observable facts. 
• Carriers delaying response. Even minor crashes can escalate into major claims. 
• Over-documenting without legal guidance. Internal notes can become discoverable in court if not properly protected. 

Evidence preservation: beyond the basics

Preserving evidence isn’t just about dash cams. It includes other pieces of pieces of information, a few examples noted below: 

• Electronic logs 
• ECM data 
• Personnel and DQ files 
• Data from third-party vehicles (especially newer models with onboard cameras) 

Stanaszak recommends that legal counsel take possession of this data early to ensure it is protected under privilege. 

Dashcams

Ten years ago, dashcams were controversial. Today, they’re indispensable. “They’re a game-changer,” said Stanaszak. “We can know exactly what happened within minutes, saving time, money and unnecessary investigations.” 

Media and internal communications

In high-profile crashes, resist the urge to engage with the media or social media commenters. For internal communications, involve legal counsel early to ensure privilege protections. 

Depositions and safety culture

Preparation is everything. Drivers and company reps must be trained to handle deposition tactics, including “reptilian” questions from the Plaintiff designed to provoke emotional responses. 

And when it comes to safety culture? “You know it when you see it,” said Stanaszak. It’s not about slogans; it’s about consistent training, leadership and accountability. “You don’t need a safety culture until you have an accident, and then you wish you had one.”

Final thoughts

With the right training, documentation, and legal strategy, carriers can protect their drivers, their reputation, and their bottom line. As Stanaszak put it, “Have a plan. Work the plan. And make sure your drivers know they’re part of the team.” 

TN Truck Thought

The TN Truck Thought podcast keeps transportation leaders of today and tomorrow in the know on the hottest industry trends. Our specialists get to the bottom of challenging, and sometimes controversial, transportation topics to offer insight and predictions.

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