Energy On The Offensive™ #023 - Document The Replacement Of Retro-Reflective Tape

How the crash happened

A client’s truck was crossing a divided highway at night. The truck reached the median, but he had to pause with oncoming traffic. Unfortunately, the trailer was sticking out in the left lane of travel.

A car going 15mph over the speed limit in the left lane collided with the back of the trailer. Fault can be attributed to both parties. However, when the plaintiff’s attorney got involved, he sent a lighting expert to test the trailer’s red and white retro-reflective tape. According to the lighting expert, the tape had worn to the point that it affected the third party’s ability to see the trailer stuck out in the lane and avoid a collision.

How accurate were this expert’s findings? That’s up for debate, but my client and the expert hired on their behalf did not believe the tape was worn to the point of replacement. One expert’s word against another.

Time for deposition

During the deposition, the plaintiff’s attorney is working to build a case that the company has poor maintenance and puts profits over the public’s safety. That is not the case, my client has a great safety department, good CSA scores, and detailed equipment maintenance records. However, one area they were deficient in is having a plan and documented records on the replacement of retro-reflective tape.

This combined with the lighting expert gives the plaintiff’s attorney what he needs to have the greatest amount of leverage during settlement/mediation negotiation.

Action items

Your company may keep detailed maintenance records but double-check that the replacement of retro-reflective tape is documented. Ensure that your head of safety/maintenance can answer the question: what is your company’s policy/protocol for replacing retro-reflective tape?

Every small item adds up, giving plaintiff attorneys momentum during a case. When the worst happens, we want your company to be a deterrent to the plaintiff attorney’s attack.