Have Trucking Insurance Premiums Peaked?

Mindy Long

With the year more than halfway completed, there has been much concern about rising insurance premium costs. However, are we getting close to an environment in which those rates are leveling out or even reversing course? And what are the main factors to get the industry there? Here’s what insurance experts are saying:

Leveling Off

Industry experts say that although there is evidence of premiums ebbing, there is still reason for caution:

  • “It seems as though the market may be starting to soften, as we have seen smaller average renewal increases in 2022 and early 2023,” said Chris Gulker, senior vice president of transportation for TrueNorth, adding that well-run companies investing in safety and technology with a solid loss history are seeing small single-digit increases, flat renewals and in some cases, even small decreases.”
  • “The trend is starting to level off and even go down,” said Michael Birge, president of Hub International’s transportation services division, adding that commercial auto has experienced about five straight years of double-digit increases.

Turning to Technology

As the industry is meeting an uncertain future about controlling premium costs, carriers are turning to technology, including cameras, telemetry and artificial intelligence, to help mitigate risk and reduce premiums:

  • Stephanie Forster, principal strategic business developer, corporate development, for Omnitracs explained that some insurers subsidize the telematics devices and other in-cab AI or video safety systems while others require them, and more insurers are incorporating data from video safety solutions and telematics into their risk models for improved underwriting.
  • On navigation technology, Luke Wachtel, senior vice president of transportation and logistics for Platform Science, noted it is not just providing a more conservative, safe route, but putting out driving alerts and warning the driver to pay attention. “Some of [the telematics is] new enough that insurance companies are offering lower premiums, but the fleets can go back and say, ‘Look at this data,’” he said.
  • Bill Zenk, executive vice president of risk and workforce solutions for TrueNorth, said the best companies are using AI in lockstep with human-to-human interaction. “The technology looks at a motor carrier’s lawsuit vulnerability by pulling in multiple streams of data,” he said. “The tool churns out a score that informs us where the motor carrier’s nuclear verdict vulnerabilities are, so we can find ways to minimize the threat.”

Cost Squeeze

Prices for parts and labor plus new technology on vehicles are driving costs higher, giving fleet owners and managers another challenge when weighing premium costs:

  • “Social inflation, medical costs and truck replacement costs and repair rates all continue to put pressure on insurance rates as they all experience increases that are driving loss costs and severity,” said Gary Flaherty, chief insurance officer for OpenEyes.
  • Flaherty was a senior vice president at Nationwide before moving to OpenEyes in May. Nationwide’s claims data shows OEM parts on as much as a six-month delay or more. Flaherty said this is creating extraordinary demand for used parts, and Nationwide saw those part prices skyrocket. “This is causing increased storage costs when parts delays occur and experiencing more units being totaled due to repair costs now at such high levels,” he added.
  • “Any new car out there that has cameras, sensors and radars. Even a mild collision can be a costly repair,” said Michael Dorfman, chief operating officer of Koffie Financial.

Getting Up to Speed

Dorfman said that, historically, insurers had a problem understanding what equipment carriers are using, how it is being used and how they monitor it:

  • “Legacy insurance companies have a challenge understanding that at a granular level to build that into insurance policies. The broad approach has been, ‘That’s great. Let us see how it plays out, and then you can be eligible for discounts,” he said. “We’re trying to segment the trucking market better, so if you’re in the top tier of trucking companies, you can get a discount.”
  • Ian White, CEO of Koffie, said that his firm wants to “identify these safety technologies, knowing they can have benefits and price them in now rather than wait five years.” Koffie offers a dividend program that gives fleets up to 10% back on their renewal based on their loss ratio from the prior year.

Court Costs and Preparedness

While nuclear verdicts remain a factor, the cost of small claims is increasing, and the fine line between victory and defeat is a good defense:

  • “A $2,500 claim is now $5,000 over the last three years. Underwriters are looking at the frequency of claims and costs. If you do the math, those small claims are significant,” said Hub International’s Birge.
  • Telematics, specifically video, when used properly, has had a major impact on claim defense. When a professional driver can immediately show the video to a state trooper, it can change how a report gets written up, which can make a big difference in court, Koffie’s Dorfman explained. Even if the video does show a driver is at fault, companies can still benefit from the information. “Ideally, if the driver is at fault, you still know that faster so we can make quick settlements and save on legal and defense costs,” he said.
  • The majority of professional drivers are not at fault but get accused, said Jacques DeLarochelliere, CEO and co-founder of Isaac Instruments. “If they know you have a camera, it is a different conversation. If they know you have telemetry, it is a different conversation,” he noted.

GPS in the 1990’s

I friend of mine sent me this clip, mostly to make fun of my 90’s computer monitor and 90’s hair. Regardless, it’s interesting to see how widely accepted #GPS technology has been accepted. Nobody is surprised, we all saw this coming. The same question remains, what happens in the unlikely event of a system outage? Or, the more likely event of system interference.

Some of the higher end telematrics systems have redundancy built in with the other navigation systems out there – BDS, Galileo, GLONASS. I am sure US DoD has redundancy we know nothing about. Aircraft and maritime navigation have radio and manual backups.

Root Cause of Critical Crashes: Process of Elimination Method

Leo S. Hughes
The root cause (or causes) of preventable truck crashes usually can usually be identified by examining the 10 primary factors below. Analysis and Elimination of these factors one by one until the main cause (or causes) have been identified can be an effective strategy to discovering the most likely root cause of the crash. This allows management to more effectively determine training needs.

Focusing on the following root causes proactively in driver development/training activities is a great strategy to prevent many of these critical crashes from occurring to begin with.

  1. Driver complacency or overconfidence

Proactive measures: Emphasize respect for the road and conditions and maintain sense of the risks of driving among the driver force.

  1. Distraction/Boredom/Inattention

Proactive measures: Use strategies that help drivers stay focused on the driving task. Effective policies for distracted driving and use of handheld mobile devices as well as use of GPS navigation systems and satellite radio.

  1. Driver Fatigue

Proactive measures: Use the CVSA’s Fatigue Management resource; improve effectiveness of HOS monitoring; Incorporate fatigue management training for drivers. Ensure drivers know they can and should stop for rest when they feel fatigued.

  1. Excessive Speed

Proactive measures: Effective policies; driver training; technology; driver accountability; speed management technologies.

  1. Lack of driving skills and/or necessary knowledge

Proactive measures: Use wide variety of driver training & development resources to address identified inadequacies; Regular safety meeting training topics on basic skills/knowledge for drivers; increase/improve FMCSA and CVSA knowledge.

  1. Insufficient commitment to technologies

Proactive measures: Invest in technologies such as blind spot detection devices; collision avoidance; cameras; adaptive cruise control; GPS navigation systems.

  1. Mechanical / Equipment / Cargo deficiencies

Proactive measures: Investments in improved maintenance practices; on-going training/development of maintenance techs; ongoing driver training in load securement and cargo loading rules and techniques; Improved quality and management of tires/brakes.

  1. Management Pressure for productivity

Proactive measures: Management training on FMCSA regulations; Management incentives on safety rather than increased productivity or on-time deliveries. Ensure trips are scheduled so as to not exceed speed limits and that provide sufficient time for safe travel.

  1. Substance Abuse

Proactive measures: Zero tolerance policy/practices company-wide; training on impact of substance abuse; Effective policies. Ensure management is fully trained on reasonable suspicion.

  1. Force Majeure (Acts of God) adverse Weather Conditions

Proactive measures: Driver training and awareness of proper driving techniques for weather hazards such as Wind / Fog / Snow / Ice / Dust / Smoke / Rain / Heat; Winter Driving toolkit; Effective policies/practices for safe driving.

2022 FMCSA Audits Year in Review

Daren Hansen

With the COVID-19 pandemic waning, on-site DOT audits are roaring back and hitting motor carriers’ bottom lines. Are you prepared?

The Federal Motor Carrier Safety Administration (FMCSA) relied heavily on off-site audits during the height of the pandemic and its need for social distancing. But last year brought a resurgence in traditional on-site investigations, which were up a whopping 54% over the prior year.

The Closer They Look, The More They Find

With more auditors going on-site, it’s no surprise they’re finding more violations — and issuing more fines and penalties. Last year saw a 40-percent jump in fines paid, and a similar rise in audits that uncovered the most serious types of violations.

Only about 5 percent of motor carriers escape an audit without a violation. So are you ready for that knock on the door? If not, it’s time to prepare for a DOT investigation of your compliance program.

And if you think you’re too small to be targeted, think again. Over half of all audits in 2022 (54%) were on companies with fewer than seven power units. About 97 percent of those audited had fewer than 100 units.

A Rebalancing

2020 saw a steep rise in off-site “desk audits” performed at the DOT’s offices. In fact, there were more off-site audits that year than on-site for the first time.

The easing of the pandemic has brought a rebalancing. Though many audits (about 27 percent last year) were conducted off-site, auditors are returning to the field. In 2022, the FMCSA and its state partners performed 12,500 investigations, including roughly:

  • 3,600 on-site comprehensive audits (up 54%)
  • 5,400 on-site focused reviews (up 7%)
  • 3,400 off-site audits (down 31%)

An off-site audit involves a review of documents sent to the auditor. By nature, they’re less intensive than an on-site investigation, where the auditor has more freedom to conduct interviews, inspect vehicles, request documents, and take the audit in new directions.

Over 40 percent of audits were “on-site focused,” where the auditor targets a specific safety problem, such as hours of service (HOS) or driver files.

Penalties are Up

As noted, an increase in on-site audits means more violations are being found, and higher penalties are being paid. Last year saw a 10-percent rise in investigations that led to some type of enforcement.

When fines are levied, they are higher than ever. The maximum fines the FMCSA is allowed to levy are tied to inflation and have increased by 14 percent over the past two years.

2022 By the Numbers

  • 95% of audits resulted in at least one violation
  • 27% resulted in fines or other penalties
  • 3,620 enforcement cases were finalized (up 31%)
  • $25,700,000 in fines were collected (up 40%)
  • $7,100 was paid per settlement, on average (up 7%)
  • 47% of audits resulted in acute or critical violations (up 24%)

o   30% of audits resulted in critical violations (up 15%)

o   17% of audits resulted in acute violations (up 39%)

  • 36% of audits resulted in a less-than-satisfactory safety rating

o   30% were conditional

o   6% were unsatisfactory

Audits are hitting motor carriers on the bottom line. However, they also have longer-range impacts, given that a less-than-satisfactory safety rating can lead to lost customers, higher insurance rates, and increased liability in court.

Top 5 FMCSA fines of 2022

  1. $791,640 — CDL and HOS violations
  2. $91,620 — HOS violations
  3. $88,450 — log falsification
  4. $75,080 — drug/alcohol testing, HOS, and vehicle violations
  5. $72,300 — HOS violations

It’s All About Your Records

The state of your documentation will make or break your audit results. If you’re unsure where to begin preparing for an audit, getting your DOT-mandated paperwork in good shape is a great place to start. Sixty-four percent of all critical violations found during audits last year related to recordkeeping, including 7 out of the top 10.

Why does it matter?

Consider one of the FMCSA’s favorite targets: false logs. If an auditor finds that just 1 in 10 of your drivers’ logs are falsified, the best you can hope for is a Conditional safety rating. If additional problems are found, you could easily end up having your vehicle operations shut down for good.

Top 10 audit violations of 2022 that could affect your safety rating*

  1. Failing to follow local laws and regulations (§392.2)
  2. Falsifying records of duty status
  3. Not using the correct method to record hours
  4. Using a driver before getting pre-employment drug test results
  5. Violating the 14-hour on-duty limit
  6. Violating the 11-hour driving limit
  7. Failing to keep initial MVRs
  8. Failing to inspect vehicles annually
  9. Failing to keep driver qualification files
  10. Driving with a suspended/revoked CDL

*These are the most commonly found “acute” and “critical” regulations, which are the ones used to calculate safety ratings.

Digital is Critical

No matter what type of audit you might face, you may be asked to submit records electronically on short notice. If you can’t, you’ll be at a disadvantage.

For more and more companies and auditors alike, digital records management is no longer a novelty — it’s expected. The more organized and digitized your DOT records are, the easier you can spot problems before an auditor does, and the quicker any audit will conclude.

Where should you focus your efforts? Your driver qualification, drug/alcohol testing, HOS, and vehicle inspection/maintenance files should top the list — most acute and critical regulations fall into those areas. You may also be asked for proof of insurance, an accident register, and other compliance documents.

Your documentation is often your only proof of compliance. If you fail to create a record or toss one out too soon, you’ll have no way to prove you were doing what’s required.

These can’t-skip ingredients make up the recipe for effective fleet safety

Angel Coker

A carrier was able to exonerate one of its drivers in an accident that occurred just two weeks after that truck received a video monitoring system installation. A driver-facing dash camera showed that the driver was not distracted or tired; the telematics systems proved the driver wasn’t speeding; and the ELD verified the driver was within their hours of service limits. A forward-facing dash camera showed that the passenger vehicle involved had cut the driver off and hit the front of the truck.

This was an illustration in a recent report Effective Strategies to Improve Safety by the National Surface Transportation Safety Center for Excellence that involved nine carrier case studies. The study shows carriers that implemented video monitoring saw a 53% to 66% reduction in accidents. In the study, eight of the nine carriers used technology – like dash cameras and automatic emergency braking and lane-departure systems – to improve safety.

A recent webinar hosted by GPS Insight highlighted this study and determined five can’t-skip ingredients for an effective fleet safety recipe. Technology is No. 4 on the list, followed by training. The top ingredient is buy-in, followed by consistency and being proactive.

“There are just so many fleets – not just in the United States but across the world – that are always looking for ways to improve safety,” said Matthew Camden, senior researcher with the Virginia Technology Transportation Institute. “But a lot of times we hear that fleets don’t necessarily know where to turn and what they should try.”

The study identified strategies among the nine fleets that were successful – and some even unsuccessful – in reducing crashes and improving safety performance. Camden said some faced barriers from coming up with a plan and obtaining equipment to understanding what problems needed solving and how to evaluate that.

While the implementation of safety measures is going to depend on a per-feet basis, Rick Harland, assistant director of fleet mobility services for the city of Austin, Texas and former fleet manager at Time Warner, offered several strategies: develop data-driven policies; implement a safety culture from leadership down; use auditable technology; and set key performance indicators to establish a method for continuous improvement.

Here’s what the experts had to say per ingredient:

Buy-in

It starts with leadership, Camden said.

“Some of the carriers that participated in this study did try some strategies that weren’t very successful … I really honestly think that the strategies that these companies tried, and they weren’t a great fit for their organization, came down to how those programs were rolled out, implemented and supported by the leadership in the company,” he said. “So I think that it just really gets at the importance of having that culture and the people there to support the ongoing success and evaluation of safety programs.”

In a flash poll within the webinar that asked “have you had trouble getting drivers or other stakeholders in your company or organization to buy into safety,” the overwhelming response was yes.

In a separate webinar – this one hosted by the Truckload Carriers Association – that addressed how carriers can move from talking about safety to actually operationalizing it, Alicia Echols, director of safety and compliance at Bennett Heavy and Specialized, agreed that leadership is responsible for creating a strong safety culture.

She said one of the most successful strategies her company is doing to achieve that, in addition to a quarterly safety meeting, is a driver all-call held on the third Friday of each month where the company shares performance metrics and recognizes positive safety behavior and delivers incentives. It also includes talks about safety trends and how to improve in certain areas. Sometimes guests join; for example, one of the company’s recent all-calls included a representative from the Georgia Department of Public Safety who talked about the CVSA Road Blitz.

“What we found is that when we have that type of communication and collaboration, we’re better equipped to identify gaps and communicate risks,” Echols said, advising carriers to blur the line between safety and operations by facilitating a deeper connection; don’t isolate them.

Wayne Transports also addresses the safety culture from the top down with weekly in-house safety videos that involve leadership and other members of management.

Paul Schmitz, director of safety at Wayne Transports, who also joined the TCA webinar, said the three- to five-minute videos are sent out every Monday to all employees, not just drivers.

“Communication in this industry has always been challenging,” he said. “Drivers and others in the company, they come to expect safety from safety professionals; they hear from us all the time. When you get leadership saying and showing examples of safety expectations, that’s when the culture changes. We push to get as much involvement from every level … but the leadership is key to making sure that message is not lost.”

Consistency

The rules must apply to everyone with no exceptions.

Camden said because it’s hard right now to find drivers to fill seats, some carriers have compromised on their hiring criteria.

“A couple of the companies who participated in this study, they made exceptions to (their hiring practices), and those drivers were involved in collisions,” he said. “That is a recipe for disaster from a liability standpoint and your safety performance.”

He said those carriers saw major improvements in their safety performance when they stopped making those exceptions.

Echols said Bennett sets very clear safety goals and expectations for its drivers from the beginning, and the carrier regularly tracks and communicates progress on those goals.

Without excellent safety statistics to back up its drivers’ performance, the company couldn’t haul the materials it does, which includes ammunition, explosives and other Hazmat materials.

And she said the No. 1 cause for a safety program to fail or not to be as effective is lack of communication.

“I think that if you miss the mark on communicating out your why, then you’re going to have people that don’t really understand what you’re trying to do,” Echols said. “We encourage open communication between drivers and management. I’ve had conversations with our drivers that have resulted in policy changes. We never want to isolate our drivers or make them feel like they aren’t part of the team because they’re the eyes and ears on the road.”

Alex Furl of GPS Insight said he has seen situations where a driver addresses a safety concern and is dismissed by management, so it’s important to increase transparency between drivers and supervisors, especially when it comes to safety data.

Schmitz said if drivers don’t have that data, they can’t understand what’s going on and how to fix what’s broken.

Using technology to be proactive

Reaction means something bad has already happened.

“For an active safety culture, it takes passion; it takes focus; and then, most of all, it takes action,” Schmitz said. “It takes action, not reaction. And so many fleets are reactive. In today’s world of trucking, if you’re not using … technology to assess the risk and manage the risk of your fleet, you’re basically reactive.”

In another flash poll posted in the GPS Insight webinar, 82% of attendees who responded said they do use safety technology, and the majority said they would most like to add automatic emergency braking (AEB) systems. In the NSTSCE study, carriers that used AEB systems saw a 56% reduction in rear-end accidents.

There’s AEB, telematics, lane-departure and blind-spot warnings, dash cameras with real-time alerts and driver coaching and so much more. How does a carrier choose a vendor with so many options on the market?

Schmitz said it’s about identifying what problems your company needs to address and then peeling back the layers on each vendor to determine what best suits those needs.

He suggests asking other safety professionals what they’re using, how long they’ve had it, does it work and is support readily available. He also said it’s important to go beyond sales and meet with vendors’ development teams to understand their vision for the future of the product and learn how they will maintain their relationship with you. His advice to tech vendors is to seek out transportation companies to serve as advisors for their products. Wayne serves in an advisory role for Idelic.

Echols said a great way to determine if your company can have a long-term relationship with a vendor is if that tech partner listens to your recommendations and actually takes action on them.

Training

Continuous training is the fifth can’t-skip ingredient, whether it’s online, in the classroom, on the road, video-based coaching or automated coaching alerts.

“These vehicle-based technologies produce so much data on individual driver trends and driver safety; that’s a wealth of information that companies can use to train their drivers on the specific risks that particular driver has,” Camden said.

Trial Success Story

Doug Marcello

 

The Bottom Line
Trial success in case involving Plaintiff’s claim that his legs were run over by my client’s truck causing the amputation of his leg.

The Numbers
Plaintiff demanded $1.420 million. Pre-trial offer $50,000. Verdict $37,000.

The Facts
Plaintiffs hired my clients to move them from Pennsylvania to California. During the day of the move, freezing rain developed and became progressively worse.

After the truck was loaded, my driver decided to spend the night there due to the freezing rain. Plaintiff asked if he would move the truck because it was blocking the driveway. He also said that he would take the driver in his car to a spot where he would be able to turn the truck around in the morning.

Plaintiff and the driver agreed to meet at Plaintiff’s car which was parked across the street diagonal from the front of the truck. The driver proceeded to truck, did a walk around, and began to back up. Unknown to him, the Plaintiff had come to the passenger side of the truck.

Plaintiff alleged that the truck ran over his leg, resulting in its amputation. Plaintiff had had problems with the leg prior to the accident including peripheral neuropathy and vascular disease.

Plaintiffs also sought punitive damages against the driver and the company.

The Verdict
At the end of the four day trial in Pike County, PA the jury apportioned negligence 51% to the driver and 49% to the Plaintiff. It awarded the amount of the Medicare lien which was stipulated at $74,000. Reduced by Plaintiff’s negligence, the ultimate verdict was $37,000.

The Issues
My colleagues, Alyssa Adams and Tiffany Peters, drafted the motions in limine and briefs, including achieving the following:

  • Excluded CDL Manual, Smith System, ATA Preventability Guidelines;
  • Excluded the police report;
  • Precluded Plaintiff witness from opining that Defendants’ conduct was “reckless” and/or “outrageous”;
  • Excluded driver’s prior accidents;
  • Excluded driver’s MVR;
  • Excluded driver’s prior criminal conviction;
  • Excluded evidence of out-of-pocket living expenses;
  • Excluded testimony of “fear and terror” by Plaintiff’s pain expert.