Avoiding Nuclear Verdicts by Improving Operational Safety and Compliance in Trucking: Hours of Service, Controlled Substances, and Corrective Action

Large lawsuit settlements in the trucking industry—often exceeding $1 million—are driving up insurance and operational costs. Proactively addressing safety and compliance can help minimize the risk of costly litigation and improve overall business security.

This article is part of a series focused on helping motor carriers enhance safety measures and prevent claims that could lead to high-dollar settlements. .

Five Key Risk Factors in Litigation

Certain recurring safety failures contribute to major legal cases in the trucking industry. These common risk areas include:

• Driver fatigue – Long hours on the road without proper rest lead to increased accident risks.

• Distracted driving – Mobile devices and other distractions reduce focus and reaction time.

• Substance impairment – Alcohol and drug use, including prescription misuse, can impair judgment and performance.

• Vehicle maintenance issues – Poorly maintained equipment increases the chance of mechanical failure and accidents.

• Inexperienced or undertrained drivers – Insufficient training can lead to poor decision-making and unsafe driving behaviors.

Addressing these concerns through structured policies and ongoing training can reduce liability exposure and improve overall safety.

Enhancing Compliance with FMCSA Guidelines

A well-organized compliance program is essential for risk management. The FMCSA Carrier Compliance Questionnaire (CCQ) provides a framework for evaluating operations and improving safety protocols. Key compliance areas include:

• Hours of Service (HOS) regulations – Ensuring drivers follow legal driving limits and maintain accurate records.

• Substance testing policies – Implementing clear guidelines for drug and alcohol testing.

• Accountability measures – Establishing disciplinary actions for non-compliance to reinforce safety expectations.

Fostering a Culture of Safety and Responsibility

Promoting a strong safety culture requires clear policies and consistent enforcement. Key strategies include:

• Developing well-documented safety guidelines.

• Providing regular training and refresher courses.

• Reinforcing compliance expectations through active management oversight.

• Implementing corrective actions when policies are not followed.

Leveraging Acuity’s Safety Resources

Acuity provides valuable tools to assist trucking businesses in maintaining compliance and enhancing safety practices. Our Motor Carrier Toolbox 

includes resources on:

• HOS compliance and regulations

• Drug and alcohol policies

• Reducing driver distractions

• Best practices for hiring and training drivers

Utilizing these resources can help trucking companies strengthen their safety programs and operational efficiency.

Stay Ahead with Expert Insights

Looking for additional ways to reduce risks and enhance compliance? Visit Acuity’s Trucking Blog for insights on key industry challenges and best practices.

Our next article will explore the broader impact of high-dollar verdicts in the trucking industry and offer additional strategies to protect your business.

For further support, check out Acuity’s Trucking Resource Center to access safety and compliance tools designed to help your operation thrive.

This is the fifth in a series of articles on how motor carriers can help avoid claims, including those that result in nuclear verdicts, by implementing and adhering to a strong safety and compliance program. Other trucking blogs can be viewed here.