The NorCal-Northern Nevada Chapter Is On Trial
The NorCal-Northern Nevada Chapter had the opportunity to become the defendant on September 18 at the Cattlemen's Restaurant in Livermore, CA. Not actually defendants, mind you, but to put themselves in the position of having to be accountable for their fleets in case of a crash or terrible accident, without actually causing the consequences. This was a part of the presentation, "Liability to Fleets and Measures to Reduce Exposure."
Forty-one members and guests of NorCal-Northern Nevada Chapter had the pleasure to participate in the mock grilling of Jason Hicks, CAFM of Turlock Irrigation District by John Cruickshank, Senior Associate at Alaniz Schraeder Linker Farris Mayes, a national litigation and consulting law firm based in Houston, TX.
Cruickshank has spoken at NAFA's I&E and at other chapter meetings on legal issues related to negligent entrustment, vehicle safety technology, and legal risks. The focus of the presentation was "Managing the Legal Risks of Vehicle Safety Technologies."
This mock scenario was a tragic death of child, killed by a garbage truck backing over the child despite having been equipped with back-up alarms, flashing lights, and a back-up camera. On the stand, Jason defended his company against the lawsuit when vehicle technologies failed, did not do what they were designed to do, or the operator lacked training related to the use of those technologies.
Cruickshank explained to the group that his legal and liability philosophy is: the best way to win a lawsuit is to avoid being sued in the first place. He helped those in attendance to understand and identify risk by "thinking ahead," planning and preventing as opposed to "thinking fast" when you are asked what you did to prevent the tragic accident.
This presentation also demonstrated that prepared fleet administrators fare much better, and with confidence when planning risk prevention through on-time preventative maintenance, record keeping, training, and testing of equipment and drivers. In addition, Cruickshank suggested agencies have a standard operating plan regarding response to incidents/accidents. It might include gathering your own information or conducting an independent investigation, and pre-planning as to what is the agencies policy or methods for addressing the press.
Special thanks to Dan McCann for material in this article.
