Big Rig Owner

August 2016

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"I like the camera pointing both ways," he says as an attorney. "You're able to eliminate that you're not on the phone," among other things. "You're going to be criticized [by plaintiff's attorneys] if you don't have the driver- facing camera as well." Moseley believes the same logic that underpins why "the big companies get cameras ought to apply to the small companies. I would think that, to me, there's no difference from small versus large in terms of what the event record- ers can do for you." ELDs can have a similar effect in eliminating operator wrongdoing as a debatable contributing factor in a crash, Moseley says. Plaintiff's attor- neys have shown great skill at mining the public CSA system for recent-past violations to tell a story about com- pany negligence. "The last thing you want is an inspec- tion report from transport police writ- ing you up for false logs right after the highway patrol writes you up for the accident," Moseley says. But even with e-logs, a problem can happen. Strimbu tells the story of an early-morning accident in March. Pull- ing a reefer, the Strimbu driver came upon an automobile in the median that had gotten stuck in snow. The four- wheeler was "rocking the car back and forth, and when the truck got even with the car, it turned right over the snowbank and drove head-on into our truck," Strimbu says. In-vehicle cameras showed the truck driver was not at fault. Later, it was learned that the auto driver was a "convicted felon who borrowed his girlfriend's car, with no insurance, wanted for an armed robbery the day before," Strimbu says, but that wasn't the end of it. "Our driver, on e-logs, had just had his 34-hour restart and had only been driving four hours," says Strimbu. The post-crash inspection showed no equipment violations, but the U.S. Department of Transportation inspec- tor went back four days on the logs. The fourth day before the accident, he "found the driver was loading at a shipper near the trooper's geographical area and went off-duty for 8.5 min- utes," Strimbu says. "He said, 'no way you were in the sleeper berth'" and fined the driver $650. So there's "now a chink in the armor," says Strimbu, which the company is aggressively challenging via the Federal Motor Carrier Safety Administra- tion's DataQs system. "Our insurance company's saying we've got to win that, because the ambulance-chasing attorneys" will no doubt be circling. • 8 www.bigrigowner.com A U G U S T 2 0 1 6 Cover Story Protect yourself • Buy as much liability insurance as you can afford and still maintain a healthy profit margin. • Get a forward-facing camera (or dual- view, with in-cab vid capability) to record accidents. • Begin using electronic logs to encourage and cams. • Get proper treatment for any medical conditions, especially sleep apnea, to remove any hint of impairment. Cover Story 0816.indd 3 7/8/16 9:19 AM

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