3 Ways to Push Back Against Reptile Theory Before a Trial

Reptile theory is a trial strategy that seeks to use the primal, inherent, and often subconscious instincts and fears of jurors against fleets in a crash-related trial. Since 2009, the theory has taken the trucking industry by storms, with a number of high profile Nuclear Verdict cases being won by plaintiff’s attorneys employing reptile theory.

Fortunately, there are a few strategies fleets can use to head off reptile theory before a crash begins. Three of those are:

#1: Proactively Address Driver Risk

Under reptile theory, if a plaintiff’s attorney can potentially claim, “You knew this driver could have been at risk, but you didn’t intervene,” they will. The best defense is to deny them the ability to make that claim in the first place. When a driver displays at-risk behaviors, safe fleets will assign a corrective action or otherwise intervene before a crash occurs and they have to go to court.

#2: Make Safety Everyone’s Priority

After a crash, every member of your fleet is on trial. Suppose a fleet runs a well-equipped and respected Safety department, but the actions of their Operations department do not perfectly reflect their safety policies. In that case, that fleet is at risk. Fleets can improve their safety culture, document their steps to improve safety culture, and ensure their expectations are lived out in everyday practice to combat risk. On top of this, it is generally true that an unsafe fleet is an unprofitable fleet in the long run, so baking safety culture into operations doesn’t have to cost a fleet anything.

#3: Organize and Analyze Your Driver Data

Some of the most impactful evidence a plaintiff’s attorney can wield against a fleet is their driver data. By sifting through a fleet’s training, telematics, HR, or other data, they can find one or several oversights, misentered data, or omissions that could indicate shoddy or inconsistent safety practices. In response, fleets can employ technology that organizes and analyzes their driver data, giving them a clear picture of what their data is telling them and giving them the confidence to know they follow their internal best practices.

What’s the Best Way to Implement the Strategies Above?

Though there’s no surefire way to bulletproof your fleet against it, being able to say “We did more than was required of us because we care about safety more than anyone else” can be a powerful argument.

The Idelic Safety Suite® is the industry’s leading driver management platform, helping fleets consolidate driver data from their third-party systems in a single location. With Safety Suite, fleets of all sizes have revamped their safety culture, implemented new engagement strategies, and even cut their claims costs by 48%. By going above and beyond the minimum standard of care and employing advanced technology, fleets can show that safety really is their #1 core value.

Watch a 2-minute demo video or sign up for a deep-dive on Safety Suite here.