NTSB report finds fake driver logs contributed to Triton Logistics crash that killed 3
John Gallagher
WASHNGTON — Safety investigators have warned the Federal Motor Carrier Safety Administration to tighten electronic logging device (ELD) requirements to prevent trucking companies and their drivers from creating fake driver hours-of-service (HOS) logs.
The recommendation by the National Transportation Safety Board was included in a crash report issued on Wednesday concluding that truck driver fatigue, due to excessive driving time and limited opportunity to sleep, was the probable cause of a December 2022 crash on I-64 in Virginia in which the truck driver rammed the back of medium-size bus, killing three people.
“Contributing to the truck driver’s fatigue was the motor carrier, Triton Logistics Incorporated, which created fictitious driver accounts in the electronic logging device system and enabled drivers to operate their vehicles for hours in excess of federal regulations,” the NTSB stated.
Over the course of the 20-month investigation, the NTSB found that management of the Romeoville, Illinois-based trucking company would instruct drivers to manipulate ELD driver logs when they exceeded their federal drive-time limits.
“Specifically, the drivers would call in to the carrier’s HOS department by cell phone and the carrier would log them into the alternate driver account, which allowed them to continue driving under a false account and circumvent the HOS regulations,” the NTSB report stated.
Daniel Cramer, 61, the driver of the truck involved in the crash, described to investigators the existence of a data center in Lithuania “that Triton used to manage — and when needed, manipulate — drivers’ electronic logs to make it look like they had more time for rest than they really did,” according to WAVY.com reporting in March.
In the days leading up to the crash, Cramer had exceeded FMCSA’s 14-hour driving window four times and the 11-hour driving limit three times. He had also exceeded the 70-hour rule by more than 4 hours in a period of 7 consecutive days.
“Also, because drivers were paid by the mile, they were financially incentivized to exceed their HOS limits because it allowed them to drive farther and earn more money,” NTSB stated.
The agency noted that Triton’s chief executive officer and the HOS manager denied knowing about fictitious logins. The company did not respond to phone calls by FreightWaves seeking comment on the report’s findings.
After an on-site focused review conducted of Triton after the crash, FMCSA found violations that included making, or permitting a driver to make, a false report regarding their duty status and allowing a driver to exceed HOS limits.
FMCSA fined Triton $36,170 for those violations along with failure to conduct post-crash alcohol testing. It also assigned Triton a “conditional” safety rating, which means a carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standards.
As a result of the investigation, NTSB recommended that FMCSA revise ELD requirements to require that ELD providers create an audit log that includes:
- Date.
- Driver login time and who logged them in.
- Names of anyone who edited the log.
- Driver’s license numbers.
- Active driver list changes.
Other recommendations include:
- The Commonwealth of Virginia should offer management safety guidance to new intrastate motor carrier licensees covering license class, drug and alcohol testing, fatigue management, vehicle maintenance, and safe commercial vehicle operation.
- Triton Logistics should implement a process to regularly verify the accuracy of drivers’ records of duty, implement a strong fatigue management program, and use onboard inward- and forward-facing video event recording to improve driver training.
- Commercial Vehicle Safety Alliance should use this crash to educate members on the importance of safeguarding the ELD system to prevent falsification of information.
NTSB also reiterated two previous recommendations:
- National Highway Traffic Safety Administration should complete the development of performance standards to assess forward collision avoidance systems in commercial vehicles. NHTSA should also require that all trucks over 10,000 pounds be equipped with onboard video recorders that record event data.
- FMCSA should provide guidance to motor carriers on the use of onboard video recordings to ensure driver compliance with regulations and safe operations.
(This false log method does not require spoofing or jamming. Just adding the ghost driver and lying to the MCSAP inspector.)
OKTA
GPS spoofing is when a counterfeit radio signal is transmitted to a receiver antenna to counteract and override a legitimate GPS satellite signal. It is often a form of cyberattack perpetrated by bad actors attempting to steer goods or people off course.
GPS spoofing can be used to steal shipments, send boaters into the hands of pirates, or project a false location.
Global positioning system, or GPS, technology is a standard part of many businesses and used by many consumers.
Using GPS can help individuals to navigate from one point to another. It is common practice for shipping and individuals relying on the technology to reach a specific destination.
Companies and individuals can take measures to protect against GPS spoofing, including using decoy antennae and keeping GPS-enabled equipment offline when connectivity is not necessary. Practicing good cyber hygiene can also help to protect against GPS spoofing.
Defining GPS spoofing
In short, the word “spoofing” means faking. With GPS spoofing, “fake” information is sent to a receiver while overriding the actual information.
GPS spoofing involves a radio transmitter near a target that interferes with the actual GPS signals being transmitted. GPS signals are often weak and transmitted through satellites. A stronger radio transmitter can be used to override the weaker signal and send illegitimate coordinates and information to the receiver.
GPS spoofing can then send people off course or say that someone is somewhere that they are not.
GPS is one of the global navigation satellite systems (GNSS) used in the world. Along with delivering location information, it is also used to keep accurate time. These functions can also be disrupted through spoofing or jamming.
Impacting businesses and individuals alike, GPS spoofing can interfere with smartphone apps and location data as well as involve cyberattacks on network systems and critical infrastructure that relies on GPS data.
How does GPS spoofing work?
The U.S. GPS system is made up of 31 satellites known as Navstaropens in a new tab that broadcast PRN codes to both civilians and the U.S. military. The codes sent to the military are encrypted. Civilian PRN codes are not and are published in public databases. This makes them vulnerable to cyberattack.
A hacker will first determine which of the GPS satellites will be nearby based on its orbit. From there, the hacker will then use the public PRN code to make a new code for each satellite. These signals are broadcast to the nearby satellites and gradually increased in strength until the receiver grabs hold of the spoofed codes. The attacker can then input false coordinates to the receiver.
Different types of GPS spoofing
GPS spoofing sends false data to a receiver to divert traffic, goods, or people with falsified information. When done on a large scale, such as by a state-sponsored actor, GPS spoofing can involve expensive equipment and expert operators.
Russia, for example, has potentially engaged in nearly 10,000 spoofing casesopens in a new tab, sending out false location data to civilian ships, to prevent drones from approaching President Putin and to safeguard sensitive sites. This type of spoofing involves equipment capable of sending spoofing signals potentially 500 times stronger than the authentic GNSS.
GPS spoofing can also be done with commercially available, cheap, and portable equipment too, including using software-defined radios running open-source software. With this type of spoofing, a broadcast antenna is used to point at a target’s GPS receiver to override the GPS signals provided by nearby buildings, aircraft, or ships.
Spoofing devices can also be carried onto airplanes by a passenger or deployed by a drone. These devices are small and handheld, inexpensive, and can be used very close to a target.
Cyberattacks are also possible forms of GPS spoofing, often involving smartphone apps that interfere with the phone’s legitimate location data.
The harms of GPS spoofing
GPS spoofing can be detrimental for both companies and individuals alike. Potential issues can have global implications. Some of the industries most vulnerable to GPS spoofing include shipping companies, construction companies, and rideshare and taxi companies.
These are some hazards of GPS spoofing:
- Misdirecting cargo shipments to alternate locations to steal the shipments: Often, shippers use GPS-enabled locks to ensure that they are only opened when they reach their destination, but GPS spoofing can unlock these.
- Hijacking a boat for piracy purposes: This can include large cargo ships, cruise ships, yachts, and private boats that rely on GPS coordinates to navigate the seas.
- Interfering with GPS at airports: This can cause a plane to go off course or have to attempt a “blind” landing, putting everyone on board at risk.
- Moving assets from construction sites: Construction equipment is often expensive and involves high-value items that are protected through GPS asset tracking systems. These systems can be spoofed to send equipment to false locations where it is stolen.
- Taxi and rideshare operators falsifying locations for profit: Ride share apps often rely on “surge” pricing during peak times, and drivers can use GPS spoofing to place themselves in these locations for financial gain. It can also allow them to incorrectly report their location in order to commit criminal acts while on the clock.
- Sending people on “fake” dates: Dating apps are commonly used to set up dates, and GPS spoofing can send a potential date into a dangerous location or into the hands of a predator.
- Misdirecting cars: Drivers and cars often use GPS to reach a destination. When this information is spoofed, they can be sent off course. This is especially concerning when considering the vulnerability of fully autonomous self-driving cars.
- Disrupting the universal time source: Financial companies, power utilities, and telecommunication companies all use the GNSS universal time source. If this is spoofed, it has the potential to crash financial markets, cause power blackouts, and disrupt the communication grid.
- Disrupting services through mobile apps and websites: Location data is used by many of these sites and apps to verify customer identities. When spoofed, it can give false information and deny someone access.
Ways to protect against GPS spoofing
Companies can use a variety of techniques to protect against GPS spoofing, including cryptography, direction-of-arrival sensing, and signal distortion detection.
- Cryptography: With cryptography, organizations encrypt the satellite codes coming and going. Only those with access to these codes can read the coordinates. This is similar to the way military encryption works.
This is not always an effective method on its own in the civilian sector, however, since it requires distribution of the “key” to unlock the encrypted data. Since that key has to be widely distributed, it is therefore vulnerable to hackers.
- Direction-of-arrival sensing: Spoofers are typically in one static place when attempting an attack, which means that the false signals they send are coming from only one place. This can be spotted through direction-of-arrival sensing since legitimate GSP data is transmitted from multiple satellites at once.
- Signal distortion detection: This method involves the addition of more signal-processing channels and hardware that can track the signal’s amplitude profile with a higher level of accuracy.
When a GPS signal is spoofed, it will initially send both the original signal and the false one, which can create a small “blip.” If this can be detected at the beginning of the spoof before the original signal is dropped off and the “drag off” to the false one has occurred, the attack can potentially be stopped.
The Department of Homeland Securityopens in a new tab (DHS) provides the following tips for protecting businesses against GPS or GNSS spoofing attacks:
- Obscure or hide your real antennas. Make sure they are not visible to the public by installing barriers or putting them in a place where they will not be seen.
- Choose the location of your antennas carefully. They will need a clear view of the sky, but it can be wise to ensure that they are blocked from public locations and nearby buildings.
- Install decoy antennas. Make these antennas clearly visible and put them at least 300 meters away from your real ones.
- Add redundant antennas. Having more than one antenna in a slightly different location can help companies to spot potential issues quickly.
- Use blocking antennas. These work to protect against jamming and interference. They can also lower the risk for spoofing attacks.
- Use backups. Inertial sensors can help to determine actual position and cesium, or rubidium clocks can work as backup timing systems when GPS is down. Backup systems that do not rely on GPS are helpful in the event of an issue.
- Practice good cyber hygiene. When not needed for network connectivity, GPS receivers and associated equipment should be kept offline. Two-factor authentication should be in place, passwords changed often, and updates and patches installed regularly. Virus protection, firewalls, and cyber defense practices should all be implemented.
Benefits of GPS spoofing
While GPS spoofing does create a lot of potential risks and vulnerabilities to consumers and businesses, it can also have some legitimate and beneficial purposes too.
GPS tracking involves location sharing, which can be a privacy concern. For this reason, GPS spoofing techniques can be used to hide the actual location of a person or product. There are many GPS spoofing apps and products on the market for just this purpose.
GPS spoofing is also used by security companies wishing to protect high-value targets or individuals. Spoofing techniques are regularly used by consumers who wish to “trick” a system into thinking they are somewhere where they are not, such as in the case of location-based smartphone games and apps. These can often be downloaded for free from the app store on a smartphone.
Additional resources
References
GPS Is Easy to Hack, and the U.S. Has No Backupopens in a new tab. (December 2019). Scientific American.
Russia ‘Spoofing’ GPS on Vast Scale to Stop Drones From Approaching Putin, Report Saysopens in a new tab. (March 2019). NBC News.
News Release: DHS Publishes Two Free Resources to Protect Critical Infrastructure From GPS Vulnerabilities.opens in a new tab (October 2021). Science and Technology Directorate.
Responsible Use of GPS for Critical Infrastructureopens in a new tab. (December 2017). Homeland Security Systems Engineering and Development Institute (HSSEDI).
Positioning, Navigation, and Timing (PNT) Program.opens in a new tab (January 2022). Science and Technology Directorate.
GPS Receiver Whitelist Development Guideopens in a new tab. (July 2021). U.S. Department of Homeland Security (DHS).
(How GPS jamming and spoofing affects ELDs
GPS Jamming
- What it does: A GPS jammer emits a radio signal that overpowers and blocks the weak signals from GPS satellites. This causes the ELD’s location tracking to go offline.
- How it creates false logs: An ELD without a GPS signal is unable to accurately track a truck’s movement. In the event of a lost GPS signal, a driver may be able to manually log their status as “off-duty” or “sleeper berth” while still driving, enabling them to exceed their legal driving hours.
- The consequences: A loss of GPS signal is easily identified by roadside inspectors, who can issue out-of-service orders and require manual paper logs.
GPS Spoofing
- What it does: A GPS spoofer broadcasts a fake GPS signal to trick the ELD into thinking the truck is in a different location. According to freight data experts, spoofing can be done with fake ELD devices or apps found online.
- How it creates false logs: A driver or carrier can make it appear that a truck is parked at a terminal or at home while the driver is actually on the road. This allows drivers to hide excess driving time by making it look like they took a required break.
- The consequences: Some ELD data providers have identified cases of spoofed locations using corroborating video evidence. This activity can lead to severe penalties, including fines and criminal charges.
Other ELD manipulation tactics
While GPS manipulation is a major tactic, regulators have identified other methods used to falsify ELD data:
- Ghost drivers: Creating “dummy” driver accounts to assign driving hours and avoid violations.
- E-log forgery services: Organized, often foreign-based, services that offer 24/7 support to monitor and retroactively alter driver records.
- Altering logs via back-end access: Some carriers make edits to driver logs from a back office, and in some cases, without leaving an obvious record of the change.
- Unplugging devices: Drivers can simply unplug or deactivate the ELD to halt the recording of data.
- Improper use of “personal conveyance”: Drivers can incorrectly use the personal conveyance status—driving the vehicle for personal, non-work reasons—to mask excess driving hours.)
GEOTAB
Key Insights
- GPS jammers block satellite signals, preventing accurate location tracking.
- GPS blocking is Illegal in many countries with steep fines and penalties.
- Jamming and spoofing are different; one blocks, the other fakes a signal.
- Geotab detects GPS jamming and alerts managers in real time.
These days, having movements tracked online and in the real world is becoming more common. For businesses especially, there is a long list of GPS tracking benefits, including improved routing, real-time vehicle monitoring and greater accountability.
While many people are willing to share their location for good purposes, unauthorized access or the use of GPS jammers can pose serious risks to fleet security. That’s why it’s important to choose GPS solutions that prioritize data protection, reliability and proactive threat detection.
What is a GPS jammer?
A GPS jammer is a typically small, self-contained transmitter device used to conceal one’s location by sending radio signals with the same frequency as a GPS device. When this occurs, even the best GPS device is unable to determine its position due to interference.
The relatively low power and quick start-up time allow the jammers to be used only when required. Although illegal, various types of cheap GPS blockers are available for purchase online, such as:
- Physical shields
- Wi-Fi/Bluetooth jammers
- Remote control jammers
- Spy camera jammers
- Drone jammers
How a GPS jammer works
Here’s how a typical GPS jammer operates to interfere with tracking devices:
- The user plugs the jammer into the automotive auxiliary power outlet.
- The jammer is placed close to the installed GPS tracker.
- When active, the GPS jammer generates an interference signal over a 16-to-33-feet radius to disrupt reception of the GPS satellite signal.
To understand how a jammer functions, it is also helpful to know how the Global Positioning System (GPS) works.
A GPS tracker receives microwave signals from an array of satellite transmitters orbiting the Earth. Once the tracker receives signals from four or more satellites, it determines its position through a series of time calculations and trilateration.
The receiver relies on these precise and specific satellite signals to determine where it is in the world. The GPS tracking device then transmits this position and velocity information to a monitoring location, usually sent over the cellular network.
In some cases, satellite malfunction or solar flares can temporarily disrupt the transmission of GPS signals.
A GPS jammer is different in that it sends out radio signals or signal noise with the same frequency as the GPS device to override or distort the GPS satellite signals.
When this occurs, the GPS device can no longer calculate its position because the satellite signal is masked by the interference.
GPS jamming vs. spoofing
While both GPS jamming and spoofing interfere with location tracking, they do so in different ways.
| GPS jamming |
GPS spoofing |
| A GPS jammer emits radio frequency noise on the same frequency as GPS, preventing the device from receiving satellite data. As a result, the GPS device cannot determine its location. |
A GPS spoofer mimics real satellite signals, tricking the GPS device into calculating a false position. This can cause the system to show incorrect routes or locations. |
Jamming disrupts the signal completely, while spoofing deceives the receiver with fake data.
Who uses GPS jammers?
The reasons for using jammers vary. Originally created by the government, GPS jammers were designed for military use. Concealing vehicle location can be crucial to the success of a mission. The devices act as a cloak, giving the military privacy, increased safety and an overall advantage in high-risk situations.
Other uses include:
- Speeding drivers trying to prevent detection by police
- Criminals using GPS jammers to cover vehicle thefts
- Trucking fleet drivers hiding their location from employers
Are GPS jammers legal?
GPS jamming is illegal in many countries, including the U.S., Canada and the U.K. In the U.S., the federal Communications Act of 1934 outlawed the marketing, sale or use of GPS jammers.
In Canada, the Radiocommunication Act also prohibits importing, manufacturing, distributing, selling, possessing and using GPS jamming devices.
Harsh penalties exist for using jammers. For example:
- Fines of up to $100,000 or more in the U.S.
- Imprisonment
- Loss of equipment
How do GPS jammers impact the transportation industry?
To law enforcement and the transportation industry, GPS jammers are both a nuisance and a cause for concern. Jamming interferes with GPS asset tracking, also known as fleet tracking or telematics, which is a critical source of business data to many companies.
Fleets use telematics to track and manage fuel use, idling, driving behavior, engine health and other activities.
Not only are jammers illegal but using them can be potentially dangerous. A New Jersey truck driver was fined almost $32,000 by the Federal Communications Commission (FCC) when his GPS jamming device interrupted air traffic control information at Newark Liberty International Airport.
The driver used the jammer in his work truck to hide his location from his employer. An FCC investigator located the jammer using radio monitoring equipment and proved it was the cause of the interference.
How to use Geotab for GPS jamming detection
Fleets can use Geotab solutions to minimize the negative effects of GPS blockers and keep drivers from flying under the radar. When a GPS signal is not received, the Trips History map will show a missing or interrupted trip, calling attention to an issue.
If GPS jamming occurs mid-trip, a straight line will be displayed from when jamming starts to the point where the jamming device is turned off.
Anyone monitoring the vehicle will quickly see this and can investigate the cause of the missing trip information.
There may be other reasons for loss of GPS data besides GPS jamming, like a radio that’s not working properly.
A straight line in MyGeotab indicates GPS disruption.
The GPS module in newer Geotab GO units has a jamming detection function that triggers the device to report a debug log. Fleet managers can see this in the MyGeotab log details as: “GpsJammingDetected.”
Set up alerts for GPS jamming
It’s important to note that even when a GPS jammer disrupts GPS receiver functionality, all other functions are unaffected. Despite the lost GPS connection, the Geotab GO device will continue to gather and send critical vehicle-related data such as engine data, driver behavior, error codes and auxiliaries.
GPS jamming protection with Geotab
GPS blockers can compromise fleet safety, visibility and compliance. With Geotab, fleets gain powerful tools for detecting signal interference in real time, alerting managers and preserving critical fleet data even during disruptions.
By investing in secure driver tracking and tamper-resistant technology, fleets can stay ahead of threats and ensure their operations run smoothly, no matter what interference comes their way.
Jason McDaniel
Dec. 2, 2025
FMCSA is introducing a new ELD vetting process that aims to improve road safety and motor carrier compliance.
The Federal Motor Carrier Safety Administration now includes hundreds of electronic-logging devices (ELDs) in its list of revoked equipment, with 62 new listings this year alone. The most recently delisted devices include Ontime Logs PT, Green Light ELD, Sahara ELD, Usfast ELD, and ELDwise—all added in November.
“They’re certainly getting a better handle on the issue because that list was all self-certified, so all those ELD providers put themselves on the list initially,” Justin Sanders, Transafe safety consultant and log auditor, told Bulk Transporter. “So, motor carriers got locked into three-year contracts with certain providers, and when they weren’t doing what they said they would do, as far as ELDs, telematics, or whatever, that carrier filed a complaint with FMCSA, and they investigated.
“Also, with the audits of all these different ELD providers, they have discovered that key data points—engine hours, odometer readings, or whatever it is—weren’t being reported, therefore they’re no longer certified.”
Now FMCSA finally is trying to pull ahead of this persistent problem with a “complete overhaul” of its ELD vetting process that ensures non-compliant devices are blocked before they reach FMCSA’s Registered ELD list. The new, more rigorous process is part of a broader Department of Transportation initiative to strengthen road safety while cutting costs for drivers and carriers, the agency reported.
“American families deserve to feel safe sharing a road with semi-trucks, and we want truck drivers to have the best tools to maximize those safety precautions,” Derek D. Barrs, FMCSA administrator, said in a news release. “By strengthening our review process for ELDs, we are ensuring the industry can rely on trusted equipment and that hardworking drivers are prioritizing their health and well-being, so they are best prepared to keep driving America’s economy forward.”
Under the previous system, implemented in 2017, it was easier to register non-compliant devices or re-register devices that had been revoked, leading to repeated revocations and costly, inconvenient replacements for carriers. FMCSA’s updated process closes this loophole, giving carriers and drivers greater peace-of-mind the ELDs they purchase are accurate, reliable, and compliant.
Key features of the new ELD vetting process include:
- Initial review: Verification of contact information, technical specifications, and device images.
- Fraud detection: Cross-checking new applications against active, inactive, revoked, and in-process lists.
Application categorization includes:
- Category 1 (approved): Application has met all necessary requirements for approval.
- Category 2 (information requested): Application is pending further information from the applicant.
- Category 3 (further review): Application requires additional internal assessment and may require additional documentation from the applicant.
- Category 4 (denied): Application does not meet the required standards for approval.
Doug Marcello
Trucking and Commercial Transportation Attorney at Saxton & Stump
June 29, 2025
The big picture: The Texas Supreme Court overturned a massive jury verdict against Werner Enterprises, ruling that a truck driver staying in his lane below the legal speed limit cannot be held liable when another vehicle crosses a 42-foot median in icy conditions.
What happened
A pickup truck lost control on icy I-20 near Odessa, crossed the wide median, and collided head-on with a Werner semi-truck traveling under the speed limit in its proper lane.
The scene: Dangerous icy conditions had already caused multiple accidents that the Werner truck had passed, with other trucks parked off the roadway for safety.
The devastation: One person died, another became quadriplegic, and two others suffered severe brain and physical injuries.
The verdict: A jury initially awarded nearly $90 million, finding Werner 84% at fault (14% driver, 70% corporate negligence) versus 16% for the pickup driver.
The weather factor
What plaintiffs argued: Werner’s driver and trainer failed to check weather conditions before departure and had no knowledge of freezing rain advisories.
The context: Multiple vehicles had already been involved in weather-related incidents on the same stretch of highway, with trucks pulling over due to dangerous conditions.
The legal reversal
Why it matters: The state’s highest court applied the “substantial factor” test for proximate cause—a practical, common-sense standard that asks whether a defendant was actually responsible for the harm, not just present when it occurred.
The lengthy appeal: This decision culminated a protracted appeals process, with the Texas Supreme Court ultimately ruling that any Werner driver negligence was not the proximate cause.
Deep dive: Proximate cause doctrine
The legal standard: Proximate cause isn’t just about “but for” causation (would the injury have happened without defendant’s conduct). Instead, it requires proof that defendant’s negligence was a “substantial factor” in causing injury.
What “substantial factor” means:
- Incorporates “the idea of responsibility” into causation analysis
- Requires practical perspective using common sense experience
- Must show defendant is “actually responsible for the ultimate harm”
- Being part of the chain of events isn’t enough if involvement was mere “happenstance of time and place”
The court’s reasoning: If defendant’s conduct merely creates conditions that make harm possible, it’s not a substantial factor as a matter of law.
Court’s hypothetical scenarios
Speed argument demolished: Plaintiffs claimed slower speed would have prevented collision. The court noted that if Werner’s driver had been going 100 mph, the pickup also wouldn’t have collided with him.
The analogy: Court compared this to head-on collisions—courts must assign fault to the driver whose negligence made the accident happen, not to a driver whose negligence merely brought him to the time and place where accident occurred.
Alternative scenarios the court considered:
- If no vehicles were in pickup’s path, occupants wouldn’t have been injured
- If Werner truck had been a small car, F-350 could have killed or severely injured those occupants
- Werner driver’s speed only put him at the place and time where accident occurred
Corporate liability implications
Werner’s corporate negligence claims: Even allegations of inadequate training and supervision failed because the underlying driver conduct wasn’t a proximate cause.
The derivative rule: If individual driver’s actions don’t proximately cause an accident, there can be no derivative corporate negligence for failure to train or supervise that driver.
Court’s finding: Claims against Werner corporation fail for the same reason as claims against the driver—the pickup’s loss of control was the sole cause.
The bottom line
Key legal principle: “Substantial factor” means only parties whose substantial role in bringing about injury makes them “actually responsible for the ultimate harm.”
For trucking companies: Being part of the chain of events leading to an accident doesn’t automatically equal liability—courts will examine whether your role was truly substantial or merely “happenstance of time and place.”
The precedent: Even corporate negligence claims (inadequate training, supervision) fail when the underlying driver conduct wasn’t a proximate cause of the accident.
Practical impact: This decision reinforces the requirement that courts apply practical, real-world standards when determining fault in complex accident cases, potentially protecting defendants who are simply in the wrong place at the wrong time through no fault of their own.
The court emphasized that proximate cause is “a practical test, the test of common experience” when determining legal rights and liability.
CVSA’s 2025 Out-of-Service Criteria Now in Effect
CVSA’s 2025 North American Standard Out-of-Service Criteria (OOSC) are now in effect, as of today, April 1. The new criteria supersede all previous versions. There are different formats (e.g., print, electronic, French, Spanish, etc.) available for purchase through the CVSA online store. The 2025 OOSC are also available in the OOSC app, which is downloadable from App Store or Google Play. To place bulk orders (50 or more) of the handbook or the app, contact CVSA Manager of Administrative Services Wendy Hall via email or call 202-998-1014.
CVSA Supports Nomination of Derek Barrs to Serve as FMCSA Administrator
CVSA released a statement expressing its full support for the nomination of Derek Barrs to serve as administrator of Federal Motor Carrier Safety Administration (FMCSA). Barrs’ commitment to commercial motor vehicle safety spans two decades, serving in various law enforcement capacities for the Florida Department of Transportation and the Florida Highway Patrol. Most recently, he served as associate vice president at HNTB, a transportation infrastructure solutions firm.
Nominate a Professional Driver for the International Driver Excellence Award
Do you know an exceptional commercial truck or motorcoach driver? Nominate them for the International Driver Excellence Award, which recognizes an extraordinary professional commercial motor vehicle driver and their commitment to public safety. The deadline for nominations is Friday, May 9.
CVSA Accepting College Scholarship Applications
CVSA is accepting applications for two $5,000 college scholarship awards. The applicant must be a graduating high school senior who is the legal dependent of a current CVSA member (board members excluded) with a minimum high school grade point average (or equivalent) of 3.0 and must be a citizen or permanent legal resident of Canada, Mexico or the U.S. CVSA will consider academic performance, volunteer work, community service and extracurricular activities. The deadline to apply is April 30.
Register for the CVSA Workshop by April 11
Register for the CVSA Workshop, scheduled for April 27-May 1 in New Orleans, Louisiana. The CVSA Workshop provides the opportunity for enforcement, government officials and industry to continue to work together to advance CMV safety. Registration fees increase in all membership categories by $50 per registrant after Friday, April 11.
Additionally, the North American Cargo Securement Harmonization Public Forum will take place on April 27 from 1-5 p.m. in conjunction with the workshop. This public forum is open to all stakeholders to discuss cargo securement regulations in pursuit of developing and implementing uniform regulatory requirements for the securement of cargo on and within CMVs throughout North America. There is no additional fee to attend; however, separate registration is required. The deadline to register is April 11.