Mitigating Risks in Commercial Fleets: Claims Insights, Part II — What Happens After the Crash Matters More Than You Think
Let’s talk about what happens after the wreck.
In Part I, we covered how poor hiring practices lead to poor outcomes—because yes, you really do hire your accidents. But once the crash happens, it’s not just the driver’s record that matters. It’s what your people do next that determines how bad this gets.
Let’s get into it.
1. Scene Control: Train Drivers Like They’re Walking Into a Deposition
Your driver just hit someone. This is not the moment for commentary.
What they say in the first 30 minutes can either give your lawyer a clean lane—or make a mess that lasts through trial. Train your drivers to say less, document more, and call it in. That’s the playbook.
They don’t need to guess who was at fault. No need to explain, speculate, or apologize.
Their job is to keep it professional and factual:
Take clear photos of all vehicles and the scene.
Exchange information as required.
Get the names of any witnesses.
Speak to the officer respectfully—and briefly.
Keep it tight. No side conversations. No commentary. Short, factual, and on the record is how you protect both the driver and the case.
One more thing: be thoughtful about accident report forms.
Some fleets include a standard form in the cab to document what happened. Others have drivers complete one for internal reporting. That may sound like a smart move, but here’s the catch—once that report is written, it may be discoverable. And if the driver’s summary includes speculation, contradictions, or language that conflicts with the evidence, you just handed the plaintiff’s attorney free ammunition.
There are a few ways to handle this:
Some companies only allow those forms to be completed with a defense lawyer present, or at minimum, with the safety director or risk manager involved.
Others limit the report to just the basics: who, what, where, and when—but leave out the “why.”
Best practice? Have a written policy in place before the next accident. Your approach may depend on your venue, so it’s worth reviewing on a state-by-state basis with counsel.
The bottom line: Don’t treat post-crash documentation like a routine formality. Treat it like the first page of a deposition transcript.
2. If Your Driver Gets a Citation, Don’t Panic—But Don’t Ignore It
Your driver might get a ticket. That’s not great, but it’s also not the end of the world—or the case.
Here’s the part most people miss: a citation might not even be admissible in the civil trial. Depends on the state. Depends on the judge. Depends on the mood in court that day. But you can’t assume it’s coming in.
Still, adjusters, defense counsel, and opposing attorneys will treat the citation like gospel until proven otherwise. So there needs to be a game plan:
Loop in a lawyer—fast. Not just any lawyer, but someone who knows how citations get handled in your venue.
Ask the right question: Does this actually change the legal outlook—or just the optics?
Use a tool like Quaker Focus™ to test the story before discovery. You might be surprised how a mock jury reacts when they hear the citation… or when they don’t.
Bottom line: a citation doesn’t prove liability. But if you treat it like it does, you’re handing the plaintiff leverage for free.
3. The First Person to Interview Your Driver Should Not Be Your Claims Rep
Repeat that one. Slowly.
If it’s a serious accident, the first deep-dive interview with your driver should be done by your trial lawyer or someone on their team with actual courtroom experience.
Why? Because when drivers tell their story, they’re not thinking like litigators. They’re thinking like humans. That means they’re likely to give answers that sound honest—but play poorly in front of a jury. Defense attorneys know what phrasing matters. Claims reps, usually, don’t.
Once a statement is made, you own it. Even if it’s technically inaccurate. Even if it’s well-intentioned. The plaintiff’s attorney will dig it up and frame it like a confession.
So do yourself a favor:
Don’t let your safety director wing the interview.
Don’t rely on memory or hearsay.
Let a litigator take the lead and set the tone for your case narrative.
Then, if it’s high exposure, consider pushing the case through Quaker Focus™ early. You’ll get a preview of how jurors interpret the driver’s version of events, which gives you a major edge before mediation.
Clean-Up Matters Just as Much as Prevention
We all want to prevent accidents. But even the best fleets have bad days. When that happens, your real value shows up—not in how you explain the safety culture, but in how fast you lock down your defense.
Train your drivers like they’re going to be on the stand. Build a protocol that kicks in the moment the airbags do. And surround your claims and legal teams with tools that bring clarity—not just hope.
If you’re serious about testing narratives, gauging jury leanings, or adjusting reserves before mediation, Quaker Focus™ is designed exactly for this kind of scenario. Quick setup. Clean dashboard. Real jury feedback.
Your opponent’s already building their story. Make sure yours is better.