Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Safety Technologies & Lawsuits

Widespread adoption of high-tech safety technologies, such as collision warning systems with adaptive cruise control, lane departure warning systems, stability control, fatigue warning devices and other technologies, could have a significant impact on litigation in the futur

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
May 18, 2010
4 min to read


Widespread adoption of high-tech safety technologies, such as collision warning systems with adaptive cruise control, lane departure warning systems, stability control, fatigue warning devices and other technologies, could have a significant impact on litigation in the future
- both good and bad.

The technology itself can help prevent the very types of accidents that lead to lawsuits in the first place. On the other hand, all of the technology used on trucks today, from GPS and electronic logs to lane departure warning systems and collision avoidance technology, collects data. A great deal of that data can be used in litigation - both for and against you.

"You may think, 'Why should I invest in this technology when it can be used against me?'" says Phillip Stanfield, partner and trucking legal expert in the Phoenix firm of Jones, Skelton & Hochuli. "But I think the investment in this technology may well eventually put me out of business. It is my experience, in investigating or defending over 200 fatalities and scores of other serious accidents in my career, that this type of technology could prevent or mitigate a significant portion of them."

First off, of course, there's the argument that these technologies in and of themselves will prevent crashes that otherwise could lead to injuries, death, and litigation. The Federal Motor Carrier Safety Administration is very interested in these technologies and could one day decide to mandate them. But in the meantime, the safety technologies you choose to use (or not to use) and how you use them could very easily wind up in court.

Standard of care

At some point, Stanfield believes, adoption of these safety technologies will reach a tipping point, where attorneys will start asking why the fleet wasn't using this technology to prevent accidents.

Someday, he says, this type of technology could become "the standard of care," like the need to have a fence around a backyard pool to reduce the likelihood and resulting liability of a neighborhood kid wandering in and drowning.

Once lawyers start doing this, he says, it "leads you to the simple calculation of how much the technology would cost and do a profits-over-safety argument," he says. "A single-death accident costs about $3 million per death on average, including increased insurance premiums, workers' comp, all that kind of stuff. That's a lot of safety device technology that you could buy. And of course you've got the power unit for 400,000 miles so you amortize that over four years, and if you avoid one death you've paid for a thousand-power unit fleet."

The average judge and jury don't know how tight of a margin trucking companies operate on - and in most cases, they won't care.

Then there's the issue of, if you have the technology, what policies and measures do you have in place to prevent drivers from deactivating it? Stanfield recalls one case where the driver had deactivated his Vorad collision-warning unit and, while egregiously in violation of hours of service regulations, drove straight into the back of a pickup truck on a flat, straight, stretch of roadway in broad daylight, sandwiching the pickup against the back of a flatbed trailer in front of it. Had the Vorad been operational, he says, it could have prevented the accident.

Where's the data?

Stanfield also says litigation issues go beyond the safety technology itself, to the data it collects.

First there's the issue of having that data available in case of a lawsuit. It's a twist on an old legal concept - spoliation, which in the past typically meant intentional destruction of evidence. However, he says, today that also can be the negligent destruction of evidence, the loss of evidence, the failure to keep relevant data that you should have had a reasonable expectation could be called into question.

He recommends that you work with the suppliers of the system to understand what data it keeps, how to preserve it and how to download it. The risk experts with your company should put into place certain thresholds that will trigger how much data should be kept and when.

Monitoring drivers

These systems, and other technology already on today's trucks, will allow fleets to monitor driver behaviors such as hard braking incidents and speeding. Stanfield believes that increasingly, fleets that do nothing with this treasure trove of information will regret it.

"I have seen that data used against trucking companies that didn't review the data prior to the accident in terms of counseling drivers against following distances and that kind of stuff," Stanfield says.

For instance, an attorney could learn that a driver who was involved in a crash had frequent hard braking and sudden accelerations that were measured by the truck's on-board computer equipment. That data is generally considered an indication that a driver's following too closely at too great a speed.

"So when you get a driver with frequent hard braking involved in a rear-end collision where he perhaps was following too closely, you have a pattern of practice based on data that was in the possession of a motor carrier that did nothing about it," Stanfield says. "The extent to which safety [department] doesn't use that data proactively, in the event of an accident will be used against them."

From the May 2010 issue of Heavy Duty Trucking.

Subscribe to Our Newsletter

More Safety & Compliance

Illustration of NYC skyline with speed limit sign and the major's order in the foreground
Safety & Complianceby News/Media ReleaseSeptember 4, 2026

NYC Expands Speed, Pedestrian Safety Tech Across Fleet

New York City is expanding intelligent speed assistance and pedestrian-alert systems across its municipal fleet, moving the technologies from pilot programs into vehicle procurement and retrofit requirements.

Read More →
Two men in jackets with Homeland Security indicated on the back, standing in a parking lot looking toward a building with trucks in front of it
Driversby Deborah LockridgeSeptember 1, 2026

FMCSA Removes 110 Truck Driver Training Schools from Certified ELDT List

Federal regulators also are targeting more than 160 additional training providers and launching a nationwide audit of third-party CDL skills testers as part of a broader crackdown on trucking fraud.

Read More →
Digital cover feature illustration showing truck inspector looking at trailer in background with the words "Compliance doesn't equal safety"
Safety & Complianceby Deborah LockridgeSeptember 1, 2026

Beyond DOT Compliance: What Makes a Trucking Fleet Truly Safe?

A trucking fleet can follow every rule and still make unsafe decisions. The real test comes when safety conflicts with freight, productivity, or cost.

Read More →
Ad Loading...
Illustration of tired truck driver, electronic logging device, and traffic congestion

Hours of Service Pilot Programs: FMCSA Readies for 2027 Rollout

Two pilot programs could eventually reshape hours-of-service rules, giving truck drivers options to pause their 14-hour clock or use longer split sleeper rest periods.

Read More →
Dog in a special pet restraint in the passenger seat of a truck cab, with a photo of pet guide superimposed

New Guide Offers Pet Safety Tips for Truck Drivers

Hundreds of thousands of pets travel in truck cabs. A new safety guide from Volvo Trucks and the Center for Pet Safety offers practical advice for truck drivers who bring dogs and cats along for the ride.

Read More →
Illustration with safety cones in background, Roadcheck logo, cargo tiedowns, and officer checking driver logs
Safety & Complianceby Deborah LockridgeAugust 26, 2026

Medical Cards, English Proficiency Reshape Roadcheck Violations

Medical-card violations jumped to the top of the driver out-of-service list during CVSA’s 2026 International Roadcheck, while English-language proficiency violations appeared among the leading violations for the first time.

Read More →
Ad Loading...
Lance Evans in suit jacket superimposed on background showing a blue K&B tractor-trailer, plus the HDT Truck Fleet Innovators 2026 logo
Safety & Complianceby Deborah LockridgeAugust 20, 2026

How Lance Evans Turns Enforcement Experience Into Better Fleet Safety

HDT Truck Fleet Innovator Lance Evans brings lessons from law enforcement to K&B Transportation’s approach to safety technology, data, driver coaching, and compliance.

Read More →
Graphic with DOT seal in background and photo of Steve Downling
Safety & Complianceby StaffAugust 18, 2026

New FMCSA Chief Safety Officer Has Trucking Industry and Law Enforcement Experience

Steve Dowling joins FMCSA after serving as senior director of safety at Covenant Logistics and in leadership roles in commercial motor vehicle industry organizations.

Read More →
Illustration of data privacy, big brother concept, and truck driver behind the wheel
Safety & Complianceby Deborah LockridgeAugust 17, 2026

Driver Trust Can Make or Break the Success of Fleet Safety Technology

New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.

Read More →
Ad Loading...
Safety & Complianceby StaffAugust 14, 2026

FMCSA: Stop Using These 15 Electronic Logging Devices

Fleets and drivers must replace the revoked ELDs with ones on the FMCSA's registered device list of electronic logging devices.

Read More →