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their drivers, whether they have two states with increased penalties if the “What became very clear to me,
drivers or two thousand drivers, here’s victim is injured or killed. and my entire 35 years was spent as an
our anti-fraud plan. If you suspect that The fear of staged accidents insurance defense lawyer was, first, this
you’ve been in an accident that may goes hand in hand with that of a works, and second, this is a great way for
involve insurance fraud, here’s who you large settlement. In the American me to win cases for my clients,” he said.
notify, here’s how you do it and here’s Transportation Research Institute’s Smith said fraudsters will say after
how you document it. And have those annual “Critical Issues in the Trucking being caught that they know which
written plans, policies and procedures Industry” survey, insurance cost/ insurance companies investigate fraud
in place.” availability and tort reform both and how thoroughly they do so. They
returned to the top 10 after many also know which trucking companies
A GOOD DEFENSE years outside it. In another study, ATRI don’t investigate potential fraud com-
Finally, motor carriers should part- reported that nuclear verdicts are on mitted against themselves. Those that
ner with their insurance providers. They the rise. don’t are more exposed.
have a right to demand information One factor that is leading to more “They will test,” he said. “So they’ll
about the provider’s anti-fraud program of those huge verdicts is plaintiff’s do a staged accident, and if it’s not
before purchasing coverage. attorneys’ skillful use of the “reptile investigated and there’s a very quick
Smith’s group does more than just theory,” which activates jury members’ settlement for what they consider to be
instruct carriers how to protect them- primal fears to inspire them to protect a very large amount of money, you just
selves against staged accidents. It also themselves, their families and the rest put a target on the back of your truck
advocates for regulatory and legislative of society against the big, bad trucking because they’re going to get you again.”
changes. One New York law named companies. Angel said carriers must stand up
for grandmother Alice Ross, who died But Smith said the same theory can for themselves and their industry.
in a staged accident, made it a crime be used by trucking’s defenders when it The consequences of not respond-
to cause one. Smith’s group and other comes to staged accidents. A jury mem- ing to suspicious accidents are huge.
industry advocates are seeking to pass ber also doesn’t want to become the “It’ll just continue to happen,” he said.
the law on a national level and in other innocent victim of insurance fraud. ATR

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ARKANSAS TRUCKING REPORT | Issue 4 2021 21