Driving change

An effective fleet safety policy can save your business from catastrophe

Spring often marks the start of a busy roofing season, but as you ready your warehouse with materials and review rooftop safety with crews, it also is important to discuss the risks crews will face on the road. In the current legal climate, a single auto-related incident can trigger verdicts so severe they threaten the very survival of a business.

The Federal Highway Administration reports rain and wet pavement, which are common in spring, cause more than 46% of all weather-related crashes nationwide. This makes spring one of the most dangerous seasons for commercial drivers. In addition, numerous analyses of the National Highway Traffic Safety Administration’s Fatality Reporting System show crash rates rise in spring as traffic volume increases, more pedestrians and cyclists are on the roads, and unpredictable weather creates challenging driving conditions.

To address this, you must plan proactively to ensure fleet safety. Those who fail to do so are vulnerable to not just accidents but also existential crises.

The expanding risk landscape

Falls, struck-by incidents and equipment hazards dominate Occupational Safety and Health Administration citations and industry training. But fleet-related incidents are among the most expensive and disruptive risks contractors face because work-related vehicle crashes can be catastrophic.

Industry data shows the average cost of a single injury in construction exceeds $50,000 in medical expenses and lost productivity. When injuries result from vehicle crashes, the ripple effects increase, causing damaged equipment, project delays, liability claims and reputational damage. The National Safety Council reports the average cost of a work-related motor vehicle crash exceeds $150,000 when injuries occur, and fatalities can drive costs into the millions. With juries increasingly awarding nuclear verdicts (see “Nuclear verdicts,” below) and thermonuclear verdicts in transportation cases, the financial risk for contractors has escalated dramatically.

In recent years, trucking and construction companies have faced jury awards exceeding $100 million, often related to allegations of negligence, poor training or inadequate fleet oversight. For roofing contractors whose fleets often operate in busy urban areas or residential neighborhoods, the potential liability is enormous.

Regulatory landscape

If your company operates trucks, trailers and other commercial vehicles, it is subject to a network of federal and state regulations that govern how fleets are managed, inspected and documented. Understanding this regulatory landscape is essential for compliance, risk management and avoiding violations as well as the catastrophic consequences of nuclear verdicts.

At the federal level, the Federal Motor Carrier Safety Administration establishes baseline standards for commercial motor vehicles. Roofing contractors who operate vehicles in their fleets exceeding certain weight thresholds or crossing state lines may need to comply with driver qualification rules, medical certification and hours of service limits.

Electronic logging devices in larger vehicles subject to FMCSA requirements play a central role in tracking driving time, and violations of these limits can expose companies to regulatory penalties and liability in court. Vehicle maintenance and inspection requirements are equally critical as brake, tire and lighting violations remain among the most common citations.

Contractors also must maintain drug and alcohol testing programs with random and post-incident testing mandated to ensure driver fitness.

All these elements feed into FMCSA’s Compliance, Safety and Accountability scoring system, which tracks violations across categories such as unsafe driving, hours of service, driver fitness, controlled substances and vehicle maintenance. Higher scores increase the likelihood of audits and inspections on the road and can raise insurance premiums.

Although OSHA is most often associated with fall protection and job-site hazards, its standards also extend to vehicle use in construction. Contractors must ensure materials, tools and equipment are properly secured during transport; lift gates and hoists are operated safely; and hazard communication protocols are followed when chemicals or roofing materials are moved. OSHA citations for fleet-related violations can reach into six figures, increasing the financial risk of a crash or inspection failure.

Noncompliance can lead to fines from OSHA and FMSCA ranging from hundreds to tens of thousands of dollars per incident. OSHA penalties can reach six figures, and FMCSA may issue shutdown orders that completely halt operations. More importantly, violations found after an accident can increase liability in court, leading to nuclear verdicts that can ruin a company. In this environment, regulatory compliance is not merely about avoiding penalties; it’s about protecting workers and safeguarding assets.

Mitigations

Companies that show proactive fleet safety through driver training, telematics, vehicle maintenance programs and documented compliance can reduce risks, defend against litigation and protect assets.

A fleet safety policy can start with small, inexpensive changes that deliver immediate benefits then gradually expand to more significant investments as resources allow.

Before implementing any technology, training modules or fleet investments, the most effective mitigation you can make is simply choosing who receives the keys. Negligent entrustment, which refers to allowing an unfit, unlicensed or unsafe driver to operate a company vehicle, is one of the quickest ways a routine incident can turn into a catastrophic claim. That’s why reviewing motor vehicle records is the first and most crucial step in any fleet safety program regardless of company size or budget.

Whether a contractor manages three pickup trucks or a multistate fleet, MVRs establish a baseline understanding of driver history, identify red flags early and can serve as proof a company has taken reasonable steps to ensure safe vehicle operation. In an era of rising claim severity and costs, the simple act of verifying who is behind the wheel is fundamental to all other mitigation efforts.

In addition, instituting regular toolbox talks that include fleet safety topics, such as distracted driving, seatbelt use and load securement, cost little but reinforce expectations. You also can implement simple checklists for pre-trip inspections, ensuring drivers verify brakes, tires, lights and load security before leaving the yard. These measures not only can reduce risk but can also demonstrate compliance with FMCSA and OSHA requirements, creating a paper trail that can be invaluable in the event of an inspection or litigation.

Nuclear verdicts

A nuclear verdict is a jury award exceeding $10 million, and a thermonuclear verdict can reach hundreds of millions of dollars.

Auto accident cases are one of the top categories for nuclear verdicts, representing 23.2% of all such awards according to the U.S. Chamber of Commerce Institute for Legal Reform.

Third-party litigation funding, where hedge funds, private equity or investors finance lawsuits in exchange for a share of the awarded verdict, has become a major driver of verdict inflation.

According to a Government Accountability Office December 2022 report about Third-Party Litigation Financing and the U.S. Chamber of Commerce Institute for Legal Reform:

  • Third-party litigation funding is a multibillion-dollar industry worldwide with an estimated $15.2 billion in commercial litigation investments in the U.S. alone.
  • Third-party litigation funding can result in increased litigation costs, lengthened case durations and increases in settlement demands.

The financial pressure fuels the push for nuclear and thermonuclear verdicts, especially in auto and transportation cases where emotional narratives resonate with juries.

Another affordable way to reduce risk is through policy clarity. Many companies have informal rules about vehicle use, but formalizing these into a written fleet safety policy increases accountability. Clear rules regarding personal use of company vehicles, mobile phone restrictions, and reporting procedures for near-misses and minor incidents help build a culture of responsibility. Even small steps, such as requiring drivers to log mileage or fuel stops, can improve oversight and highlight patterns that may indicate risk.

Once you have made these simple adjustments, you can invest in technology-driven solutions. Telematics systems, now widely available at competitive prices, provide real-time data on driver behavior, vehicle location and maintenance needs. These systems can flag speeding, harsh braking or excessive idling, offering managers actionable insights to coach drivers and reduce risk. Dash cameras, another midlevel investment, serve dual purposes: They deter unsafe behavior and provide key evidence in the event of a crash. In the era of nuclear verdicts, video documentation can make the difference in litigation outcomes.

At the higher end of the investment spectrum are fleet modernization and advanced safety systems. Contractors who replace aging vehicles with newer models gain access to built-in safety features such as lane departure warnings, automatic emergency braking and blind-spot monitoring. These technologies reduce crash risks and demonstrate a proactive commitment to safety, which can be persuasive in regulatory inspections and courtroom proceedings.

Larger contractors also may consider centralized fleet management software that integrates compliance tracking, maintenance scheduling and driver training records. Although these systems require upfront investment, they can streamline operations and reduce long-term costs associated with downtime, fines and insurance premiums.

Ultimately, the path to better fleet safety is incremental. What matters most is a commitment to ongoing improvement and understanding every step, whether a checklist or telematics system, reduces exposure and boosts resilience.

One size does not fit all

Although the principles of fleet safety are universal, the strategies for achieving it must be tailored to the realities of each roofing contractor. A small residential roofing company with three pickup trucks faces different risks than a national commercial contractor managing dozens of vehicles. Attempting to apply a single template across all companies risks inefficiency and missed opportunities.

For smaller contractors, the focus should be on fundamental practices. Written policies, driver training and regular pre-trip inspections may offer the best return on investment. Although smaller companies might not have the budget for telematics or fleet management software, they still can make meaningful improvements by emphasizing accountability and compliance. In fact, smaller fleets often benefit from their agility, allowing for quick changes, and managers have direct insight into driver behavior.

Larger contractors may face more complex challenges. With multiple crews on the road at the same time, oversight becomes more difficult, and the risk of inconsistent practices rises. For these companies, technology acts as a force multiplier. Telematics, dash cameras and digital inspection tools help managers maintain visibility and enforce standards across dispersed teams. Investments in driver coaching programs and periodic ride-alongs also reinforce a safety culture at scale.

Learn more

NRCA resources: nrca.net/safety/driver-and-fleet-safety

Federal Motor Carrier Safety Administration: www.fmcsa.dot.gov/safety

Occupational Safety and Health Administration: osha.gov/motor-vehicle-safety

In addition, contractors managing fleets that cross state lines and operate under FMCSA oversight must implement comprehensive fleet safety systems. These companies are most vulnerable to regulatory inspections and litigation risks, making advanced investments a significant concern. Fleet management platforms, dedicated safety managers and the integration of compliance monitoring into broader risk management programs are transformative. For these companies, fleet safety becomes a fundamental element of business continuity.

The type of work also matters. Customizing safety measures for specific risks helps ensure effectiveness and relevance. For example, a company transporting propane torches and adhesives may need to focus on hazardous materials training and proper documentation depending on the quantities involved.

The key takeaway is fleet safety is not a one-size-fits-all endeavor. Each company should assess its fleet size, work style, geographic reach and exposure profile to design a tailored program. The unifying factor for all organizations is the recognition that fleet safety is a worker safety issue and business continuity concern. By customizing mitigations to your company’s unique circumstances, you can protect your crews and safeguard your assets.


ADRIANNE D. ANGLIN, CSP

Director of safety and risk management

NRCA

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