CVSA Releases 2023 Operation Safe Driver Week Results

Law enforcement officers in Canada and the U.S. initiated 11,448 traffic stops of commercial motor vehicle drivers and passenger vehicle drivers who were engaging in unsafe driving behaviors during the Commercial Vehicle Safety Alliance’s (CVSA) Operation Safe Driver Week traffic-enforcement and safe-driving awareness and educational initiative. From July 10 to 16, officers issued 4,494 tickets/citations and 5,756 warnings to drivers – commercial motor vehicle and passenger vehicle drivers combined.

A total of 4,592 warnings and 2,634 tickets/citations were given to commercial motor vehicle drivers, and officers issued 1,164 warnings and 1,860 tickets/citations to passenger vehicle drivers.

Speeding, the focus area for this year’s Operation Safe Driver Week, was a top infraction for commercial motor vehicle drivers and passenger vehicle drivers. Commercial motor vehicle drivers received 1,575 warnings and 715 tickets/citations, and passenger vehicle drivers received 625 warnings and 1,293 citations/tickets for speed-related infractions. Combined, a total of 2,219 warnings and 2,024 citations/tickets were issued for speeding.

Independent Adjuster Dos & Don'ts

Independent adjusters (IAs) are vital for accident response. However, you need to ensure that what they do doesn’t sink your case from the very beginning.

Why It Matters
A case can be doomed by a misstep – or overstep – by an IA. It is vital to define their duties and coordinate their efforts to protect your company from unnecessary exposure to liability.

The Specifics
Protect your case, and your company, by following these dos and don’ts:

DO develop a relationship today with an IA company for the footprint in which you run to ensure immediate response. This avoids time lost trying to find an IA in the middle of the night and then having to answer endless intake questions before the company will connect you with an adjuster. It’s the last thing you need when the clock is ticking.

DON’T just make the assignment and sit back. Each IA has their own MO, their own way of doing things. You want – you need – consistency. You need it done your way. Don’t leave it to chance.

DO have a pre-prepared procedure for the IA to follow. Have it in a PDF or other format than you can email or text to the IA to detail the way you want things done. Or more importantly NOT DONE.

DON’T use an IA who tells you, “Don’t worry. I’ve been doing this for X years.” You’re doomed. He’ll do it the way they did it back when MTV played music. It’s your case. Your company. You need it done your way.

DO have the IA connect with the police. Police possess the key information, starting with the names of the claimants. They know the status/condition of those people. Disposition of the vehicles. An IA that is a former officer is great – they can speak the language.

DON’T allow the IA to take a statement from your driver. Or even discuss the accident facts with them. That should be done by counsel to protect it with attorney-client privilege. It also avoids misunderstanding and then incorrectly documenting a driver’s version that you will have to live with throughout the case.

DO have the IA survey the area for potential sources of video evidence. In today’s YouTube society, nothing is as powerful as video. Jurors expect it. Potential sources range from intersection or department of transportation cameras to business security cams to Ring Doorbell cameras. I’ve gotten evidence from all of these…and more (including a passing Uber driver in Manhattan – another story).

DON’T wait to get the IA on the scene. Video evidence has a short shelf life. It is quickly overwritten or erased. Other evidence needs to be immediately documented as well before it evaporates. Skid marks, vehicle positions …are fleeting. They need to be photographed immediately.

DO have the IA report to your attorney. In fact, it is often best for the attorney to make the assignment in the worst of circumstances to develop an argument for attorney work product. Know the requirements of your jurisdictions. And do this TODAY, before the accident.

DON’T allow the IA to give opinions in their report. Point of impact, speed …those are the job of the accident reconstructionist. Who’s at fault is for others to determine. Conflicting info will be seized upon by the billboard attorneys. Worse – they may try to qualify your IA to give an opinion against you.

The Bottom Line
IAs are invaluable IF done right. Done wrong, your case is doomed. Follow the dos and don’ts. And start TODAY, so you are ready when the accident happens.

This article was written by Doug Marcello and appeared in the Saxton & Sump newsletter. Subscribe to the newsletter here.