MANAGEMENT COUNCIL NEWS wise, you could lose being in a conservative jurisdiction. Sue them. Maximize your suit per discovery and jurisdiction. Another tactic is to push back against the Letter of Representation. Shortly after the accident, you will get the standard letter of representation from the other side’s attorney. Too often this is sent to the insurer after which it is filed away and waiting for the inevitable. And all that time the claimant is running up medical bills from a doctor to which they are frequently referred by their attorney. Again, do something and push back. Have your attorney send a letter and say all communications are to be sent to them. Include medical and employment record releases in that letter for the claimant to sign and return. Request a list of medical providers and employers. State your need for these records to promptly investigate the claim and potential prejudice if not provided. Also, request that their client submit to an immediate medical examination. Again, make clear the prejudice that you will suffer if they do not agree to do so. What responses do I get from the plaintiff attorneys when I do this? Sometimes I get, “I’ve never had this before.” Or, more often, “What right do you have to request an exam before suit?” My answer? “None. But I’ve documented my request. If this goes forward, you and your client will have to explain why, if you were really injured, you would not let our doctor examine them.” Quite frankly, I don’t care if they agree to it or not. If we get the exam, great. if not, we have documented the record as to our request. Documentation to challenge that ongoing treatment and medical expenses run-up before they file suit. In summary, we cannot concede an inch. We cannot make it easy for those who want to eat your lunch. That is exactly what “defensive defense” does. Spend time preparing for the inevitable, have a plan, train your team, and learn the lesson-full court press in defense of your company. Douglas Marcello is an Attorney with Marcello & Kivisto, LLC in Carlisle, Pa. This article appears courtesy of the American Trucking Associations and has been edited for space and style considerations. A LABAMA T RUCKER • 3 RD Q UARTER 2021
Feds update processes for registering for the Drug and Alcohol Clearinghouse The Federal Motor Carrier Safety Administration has posted updated materials to help commercial drivers and their employers register for and get started using the Drug and Alcohol Clearinghouse. Why should employers register? Register for the Clearinghouse. queries on all potential new hires, and at least annually on all current employees who perform safety-sensitive functions, such as operating a commercial motor vehicle. l Report driver violations (positive alcohol tests, test refusals not reported by a medical review officer [MRO], and actual knowledge of violations). l
l Conduct
Why should drivers register? Drivers must be registered in the Clearinghouse with a verified CDL number to respond to employer consent requests. They can view their own Clearinghouse record at any time. How should self-employed CDL drivers and Owner-Operators register? CDL drivers who operate under their own authority (often called “owner-operators,” typically a single-driver operation) must register as an employer and designate a consortium/third-party administrator (C/TPA) in the Clearinghouse. Owner-operators can also add their CDL information to add a driver role, which allows them to respond to query consent requests from their C/TPA. For more information, including step-by-step instructions on how to register and more, visit the Clearinghouse Learning Center at https://clearinghouse.fmcsa.dot.gov/Learn
Trucking industry praises the introduction of the Modern, Clean, and Safe Trucks Act The American Trucking Associations is praising the introduction of the Modern, Clean, and Safe Trucks Act of 2021 by Senators Todd Young (R-Indiana) and Ben Cardin (D-Maryland). The bipartisan legislation would repeal the 12 percent federal excise tax on heavy-duty trucks, which currently adds approximately $22,000 to the cost of a new tractor-trailer. “The federal excise tax on heavy trucks is a relic from the First World War that’s now serving to keep cleaner, safer trucks off of our nation’s roads today,” said Chris Spear, President and CEO of American Trucking Associations. “By repealing this antiquated tax, Congress can deliver a win for the environment, highway safety, manufacturing jobs and supply-chain efficiency. We thank Senators Young and
Cardin for their bipartisan leadership in advancing a common-sense solution to the benefit of American truckers and the motoring public.” Although technological advances have made the latest tractor-trailers cleaner and safer than ever before, the FET creates a disincentive for motor carriers to modernize their fleets by placing a punitive surcharge on investments in new equipment. As a result, the average age of a truck on the road today is nearly ten years old. Over the past two decades, cleaner fuel and engines used in new trucks have combined to reduce nitrogen oxide emissions by 97 percent and particulate matter emissions by 98 percent. Since 2010, more fuel-efficient diesel trucks have saved 101 million barrels of crude oil and reduced CO2 emissions by 43 million tons. Life-saving, driver-assist safety technologies that weren’t Continued on page 16 15
