Automotive Fleet
MenuMENU
SearchSEARCH

Safety on Trial: Insights From a Crash Scenario & Mock Trial

Enhance fleet safety and reduce liability with insights on driver training, video tech, and robust policies shared in a recent Fleet Forward and Fleet Safety Conference session.

Judie Nuskey
Judie NuskeyDirector of Operations
Read Judie's Posts
December 2, 2024
Safety on Trial: Insights From a Crash Scenario & Mock Trial

Carlos Pozo (center) addresses the crowd during the 2024 Fleet Safety Conference session "Post-Crash Evaluation & Mock Trial: What to Know, How to Prepare", alongside Adam Kahn (left) and moderator Judie Nuskey (right). 

Photo: Ross Stewart Photography

4 min to read


At the recent Fleet Forward and Fleet Safety Conference in San Diego, industry leaders collaborated to address a critical concern for fleet managers: enhancing safety while mitigating liability risks. The Post Crash Evaluation session revealed crucial insights for fleet managers.

The session demonstrated how effective crash prevention rests on three key pillars: strategic driver training programs, sophisticated event recorder analytics, and robust operational policies. Through a detailed case analysis, participants explored how these elements enhance fleet safety and protect organizations from liability.

Ad Loading...

Driver Safety Training: A Foundation for Prevention

Driver safety training stands as the fundamental pillar of crash prevention. Panelist Carlos Pozo, a retired law enforcement officer with extensive crash reconstruction experience, highlighted the importance of regular and practical training. He emphasized that training should teach drivers to remain vigilant, avoid tunnel vision, and consistently scan their environment for potential hazards.

Recognizing that drivers learn in different ways is critical to the success of any training program. While some drivers may benefit from visual aids like videos and diagrams, others may excel with hands-on exercises or verbal instruction.

Incorporating a mix of learning methods ensures that all drivers — regardless of their preferred learning style — can fully grasp and apply key safety concepts. This inclusive approach strengthens engagement and retention, equipping drivers with the skills to navigate risks effectively.

How Event Recording Systems Protect Drivers and Fleets

Event recording systems have become crucial safety tools in modern fleet management. According to Netradyne’s Adam Kahn, these systems offer multiple benefits:

  • Provide objective incident documentation

  • Support driver defense in accident cases

  • Streamline claims processing

  • Offer clear evidence for liability determination

Ad Loading...

The event recorder footage reviewed by Pozo and Kahn demonstrated that the driver could not have avoided the crash caused by the other vehicle. This crucial evidence cleared the driver of fault, shifted liability away from the fleet operator, and streamlined the claims process. However, Kahn cautioned fleets to establish reasonable data retention policies to balance operational needs with legal risks.

The event recorder footage reviewed by session speakers Carlos Pozo and Adam Kahn demonstrated that the driver could not have avoided the crash caused by the other vehicle.

Photo: J. Nuskey

Strengthening Policy Frameworks

Pozo emphasized the critical role of updated safety policies in fleet management. He highlighted that clear, practiced protocols are essential for guiding driver behavior, especially during incidents. His recommendations centered on three crucial areas:

Post-Incident Protocol

  • Drivers should remain in their vehicles following accidents

  • Minimize unnecessary movement at crash scenes

  • Follow structured procedures when interacting with law enforcement

Vehicle Record Management

  • Mandatory reporting of personal driving infractions

  • Regular review of driving records

  • Documentation of all safety-related incidents

Communication Guidelines

  • Clear policies on both company and personal phone usage

  • Recognition that all phone records may be subject to legal discovery

  • Structured protocols for incident reporting and documentation

Ad Loading...

This session was interactive and included audience participation with questions such as:

Has anyone in the audience dealt with a fleet crash still tied up in the court system?

  • This question led to a discussion about handling liability and the importance of clear policies for drivers at the scene of an accident.

Is it best practice to tell drivers not to admit fault at the crash scene?

  • The panelists emphasized the significance of drivers maintaining neutrality and providing only factual details to law enforcement.

How many fleets currently use forward-facing cameras, and who is considering implementation?

  • This sparked a conversation on the benefits of telematics and how they aid in training and exonerating drivers.

Can personal cell phone usage be subpoenaed during litigation?

  • This inquiry delved into the necessity of including company and personal phones in safety policies.

Ad Loading...

This year’s session successfully blended theory with practice, providing actionable takeaways for fleet managers. The session concluded with enthusiastic feedback from attendees, many of whom posed additional questions and shared their fleet safety challenges, as well as a powerful takeaway: preparation is key.

Fleet managers were encouraged to conduct mock trials simulating crash scenarios within their organizations. This exercise prepares teams for potential legal challenges and reinforces the importance of safety protocols and training.

By embracing these strategies, fleets can protect their drivers, reduce liability, and foster a safety culture that benefits their operations and the community.

Subscribe to Our Newsletter

More Safety

Chris Brown sits across from safety experft at Lifesaver mobile in an interview about distracted driving and phone use tech.
Safetyby Chris BrownMay 1, 2026

Reducing Risk by Eliminating Phone Use Behind the Wheel

Distracted driving remains one of the most persistent risks in fleet operations. New approaches focus on removing mobile device use entirely while adding real-time safety support.

Read More →
Safetyby Jeanny RoaApril 15, 2026

Distracted Driving in the Age of Smart Tech – Part 2

As distraction risks evolve, fleets are turning to smarter, more connected technologies to better understand what’s happening behind the wheel. Part 2 explores how these tools are helping identify risky behaviors and improve visibility across operations.

Read More →
Safetyby Jeanny RoaApril 11, 2026

 Data Rights, Risks, and Responsibilities After a Crash

What fleets capture to improve safety can also expose them in litigation, forcing leaders to rethink how data is managed, stored, and shared.

Read More →
Ad Loading...
Driver holding a phone while steering, illustrating distracted driving and the importance of mental awareness and attention on the road for fleet safety.
Safetyby Judie NuskeyApril 10, 2026

From Distraction to Detection: Strengthening Awareness in Fleet Drivers

Distracted driving is often measured by what we can see—phones in hand, eyes off the road. But what about the distractions we can’t? A recent incident raises a bigger question about awareness, attention, and why subtle risks so often go unnoticed.

Read More →
Safetyby StaffApril 8, 2026

Lytx 2026 Road Safety Report

While serious crashes are declining, a rise in minor incidents and ongoing risk hotspots underscore the need for continued fleet safety investment.

Read More →
Driver’s hands on steering wheel in a sunlit vehicle, representing real-world driver behavior and the shift from data monitoring to hands-on training in fleet safety programs.
Safetyby Judie NuskeyApril 7, 2026

Behind-the-Wheel vs. Classroom Training: What Actually Changes Driver Behavior?

Fleets have more driver data than ever, so why isn't behavior changing? Training requires more than reports and coaching — it requires real-world practice.

Read More →
Ad Loading...
A person in a car on their phone behind the steering wheel.
Safetyby Jeanny RoaApril 1, 2026

Distracted Driving in the Age of Smart Tech – Part 1

A two-part conversation with Stefan Heck on how AI is transforming the fight against distracted driving. As fleets adopt smarter tools, the focus shifts from reacting to preventing risk. In Part 1, we look at where AI is making an impact for fleets today.

Read More →
Pedestrians crossing a busy street, highlighting the importance of driver awareness and caution to prevent pedestrian accidents.
Safetyby StaffMarch 30, 2026

Pedestrian Safety Starts With the Driver

More people on foot means more risk for drivers. These pedestrian safety tips can help prevent serious injuries and keep everyone safer on the road.

Read More →
SponsoredMarch 30, 2026

Safety by Design: Power and Protection in the Freightliner 114SD Plus

Safer crews. Fewer incidents. Better uptime. Learn how driver-assist technology is changing the way vocational fleets operate.

Read More →
Ad Loading...
Safetyby StaffMarch 26, 2026

Pedestrian Deaths Drop in First Half of 2025, Marking Largest Decline in Years

An 11% drop in pedestrian fatalities in early 2025 signals progress in U.S. road safety, but elevated death rates and ongoing risks underscore the need for continued action from fleets and policymakers.

Read More →