As with any industry, your words matter, not just with customers and employees, but also regarding disputes and potential litigation. Bold claims on your website, marketing materials, or job postings about trucking safety, service, or compliance may be intended to reflect your values. However, if actual practices do not back them up, they could become legal liabilities.
When Words Become Evidence
Many motor carriers include a statement on their websites, such as “Safety is our #1 commitment.”
It’s a strong message and one that juries will take note of. If your company is involved in a crash, and plaintiff attorneys uncover evidence that contradicts that statement, this could come back to haunt you. Perhaps driver logs show hours-of-service violations. Or training records are missing or inconsistent. Maybe vehicle maintenance is not up to date. The plaintiff’s legal team may point to your safety claim as evidence of negligence or misrepresentation in these cases.
If you say safety is your top priority, but your operations suggest otherwise, you’ve just handed the plaintiff an anchor for their argument.
Marketing Language vs. Operational Reality
Statements about safety and compliance are often made with the best of intentions. However, aspirational messaging must be supported by real-world practices. Otherwise, you risk exposing your business to false advertising claims, breach of duty, or punitive damages.
One real-world example includes a trucking company’s careers page claiming it provides “the best training in the industry.” However, when you dig deeper, new driver orientation consists of only one virtual session. That statement could be used in a post-accident lawsuit to argue that the company knowingly undertrained its drivers.
In another example, a motor carrier advertises its use of “state-of-the-art telematics for proactive risk management.” Still, internal records show the telematics data is rarely reviewed or acted upon. This can create a damaging narrative of negligence.
Best Practices
To avoid these pitfalls, motor carriers should regularly audit their public messaging and marketing statements. The following are several tips:
- Align your words with your operations. If you say safety is your top priority, ensure it’s reflected in your training, supervision, maintenance, and compliance processes.
- Avoid exaggerated claims. Terms like “best,” “safest,” or “industry-leading” should be used with caution unless they can be substantiated.
- Update messaging regularly. As operations evolve, so should your public statements. Old claims may no longer reflect current practices.
- Involve your legal team. Have your attorney review public-facing content for language that could be interpreted as a legal commitment or admission.
In an environment of increasing litigation and nuclear verdicts, every word matters. Plaintiff attorneys are trained to look for inconsistencies between what a business says and what it does, and they will use those discrepancies to shape their case.
About Western Truck Insurance Services
Western Truck Insurance Services is an insurance brokerage specializing in commercial truck insurance. We know this stuff and want to make sure you do, too. Our clients appreciate our dedication to finding competitive rates and offering unparalleled service beyond excellent insurance options. They also value how our state-of-the-art automation provides lightning-fast truck insurance quotes, customer service, insurance certificates, and coverage changes. Contact us today at (800) 937-8785 to learn more.