Pub2-2021-Issue3
24 Kentucky Trucker the accident was,” he said. “So it’s very important to try to get that information out there sooner than later to be able to direct that narrative.” In one case, video showed the truck stopped at a red light along with a sport utility vehicle carrying five adults. When the light changed to green, the car and truck accelerated. Another SUV appeared on the right-hand side and accelerated to take position as part of a swoop- and-squat operation. But the scammers’ timing was off. The truck driver’s video showed the middle SUV hit its brakes a full second to a second-and-a-half before the associate SUV swerved in front. There was no reason to do so and cause the minor collision with the truck behind it. The video also showed the crooks climb out of the SUV and wander around looking uninjured. Two walked back to the truck driver and talked to him. Captain Peter Bergstresser of the Florida Highway Patrol likewise encouraged motor carriers to equip their trucks with cameras. “It’s up to the trooper to really look at things, but it’s also up to the truckers to really safeguard themselves, have those cameras on the trucks, have cameras everywhere,” he said. “Somebody waves you out, maybe think about that for a second – like, hmm. Is this a trap? Is somebody going to try to sue me or run into me?” Sometimes there can be an interaction with a passenger that can provide information advantageous to the truck driver. When it comes to using video properly, Angel recommends carriers create a policy and then stick to it. Following a policy inconsistently can get a company in real trouble. In addition to equipping their trucks with cameras, Smith said motor carriers should inform their drivers about these schemes and scams so they can use the right words when talking to the officer. Drivers should be taught that they can gather information at the scene – skid marks, broken tail lights, positions of vehicles, etc. They can take their own photographs. “They need to have an active plan in place,” he said. “They need to inform their drivers, whether they have two drivers or two thousand drivers, here’s our anti-fraud plan. If you suspect that you’ve been in an accident that may involve insurance fraud, here’s who you notify, here’s how you do it and here’s how you document it. And have those written plans, policies and procedures in place.” A Good Defense Finally, motor carriers should partner with their insurance providers. They have a right to demand information about the provider’s anti-fraud program before purchasing coverage. Smith’s group does more than just instruct carriers how to protect themselves against staged accidents. It also advocates for regulatory and legislative changes. One New York law named for grandmother Alice Ross, who died in a staged accident, made it a crime to cause one. Smith’s group and other industry advocates are seeking to pass the law on a national level and in other states with increased penalties if the victim is injured or killed. The fear of staged accidents goes hand in hand with the fear of a large settlement. In the American Transportation Research Institute’s annual “Critical Issues in the Trucking Industry” survey, insurance cost/availability and tort reform both returned to the top Drivers should be taught that they can gather information at the scene – skid marks, broken tail lights, positions of vehicles, etc. They can take their own photographs. continued from page 23
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