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May 10, 2015

TRUCKING VIDEO * USA: Critical for liability protection and driver exoneration against the "ambulance-chasing lawyer”

* New Jersey - Video increasingly viewed as legal shield for trucking

  (Example Video - Car vs truck crash E40 Aalter, by keokiracerhalsteren - Oct 14, 2014: E40 Ghent, Bruges, exit Aalter, Belgium. Driver was sent to hospital in critical condition: 2 broken cervical vertabraes, neck. She was in a coma for a while but got out of it and is recovering exceptionally well. In short: she survived. This video has been shortened)

-- Mike Nalepka, VP of video intelligence solutions for PeopleNet, will tell you that in the majority of truck-car crashes, the truck driver is not at fault... In the majority of truck-car crash related court cases, the motor carrier is usually ends up settling in an effort to minimize costly litigation... That “litigation avoidance” strategy, however, is rapidly becoming a major financial pain point for the trucking industry – one he believes can only truly be eliminated by the use of video recording systems... As a result, Nalepka argued that trucking is increasingly threatened by what he called a “new version of the ambulance-chasing lawyer” that exploits the often negative perception of the trucking industry to win large legal settlements... “The truck driver is at fault in these crashes only 23% to 40% of the time,” that’s why Nalepka thinks video recording technology will be critical for the trucking industry going forward in terms of offering liability protection for companies while offering exoneration for truck drivers... "That’s followed by back-up cameras, left and right corner cameras, and then cameras inside the trailer” ... Why cameras inside the trailer? “Because many carriers are getting involved in disputes with shippers over missing [freight] skids,” Nalepka noted, “This is a huge problem in trucking because any such dispute delays freight bill payment. Sometimes freight payment can be delayed over 120 days because one box off a skid is missing,” he emphasized... A recent study conducted by the University of Michigan Transportation Research Institute that found even while car drivers are at fault 81% of the time in truck-car crashes, without video evidence, it is “unlikely” that litigation would be “favorable towards trucking companies... Fleets are exposed, yet 98% of them don’t have a video solution” ...  
Princeton, NJ, USA - Fleet Owner, by Sean Kilcarr - May 7, 2015

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