We Are In Business To.. Earn a living Make a career Protect infrastructure Protect drivers Power communities

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1 We Are In Business To.. Earn a living Make a career Protect infrastructure Protect drivers Power communities

2 We Are In Busienss To.. Make sure employees return safely home to friends and families

3 Everything we hope to accomplish is through the work of our employees

4 Most of All Employers Lose. knowledge gained through books and experience

5 The Business Suffers When An Employee Gets Hurt... Insurance Income Schedule Can't pull an employee of the shelf

6 #1 PCO Employee Risks Are Slips, Trips and Falls 625 accidents 85 companies, 10,800 employees Slip, trip, fall 22% Auto accident Strains 13 Fall to a different level 12 Struck by/against 10 Stings 6 Dog bites 6 Fall from ladder/scaffold 4 Others 10 (PCT September 2015) 17 [42% Rear-end]

7 Driving is the #1 Financial Risk (11,000 pest control companies) 39% accidents caused by rear-end collisions 14% turning into an intersection 13% backing up 7% sideswipes 7% collisions with fixed objects 7% collisions with an object on the road

8 $2.9 Million (2013) vs. $1.1M (2012) Distracted Driving Collision Causes Failure to Maintain Control Failure to Yield Following Too Close 48 54

9 Rollins: 9,100 company vehicles driving 208 million miles Inattentiveness Cell phones Texting Looking up address Poor maintenance

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12 Case 1

13 W S N E

14 W S 0.5 seconds to impact N Fuel truck E

15 Driver dies at hospital from massive head and closed chest injuries. No indications of alcohol or controlled substances present and there were no known major health conditions or other physiological factors.

16 Driver said, It felt like the front of the truck had been lifted up, then the steering was gone. He stood on the brakes as hard as he could, closed his eyes and hung on to the steering wheel until his truck came to a stop. When he opened his eyes, he was on the berm of the south side of the road facing the ditch.

17 Driver transported by Sheriff s Deputy to hospital for alcohol and controlled substance testing. Tests for meth, marijuana, opiates, and barbiturates were negative. Maintenance records, driver qualification file, and delivery records found no violations.

18 Who is at fault?

19 Case 2

20 E Fuel Truck Heading South N S W Tractor-trailer Grain Truck Heading East 55 mph posted speed

21 2,950 gallons fuel Fuel 24,850 pounds 55 mph Fails to stop Fuel Truck

22 Police Report: Fuel Truck Driver Disregarded a Stop Sign and Failed to Yield the Right of Way Fuel truck driver dies at crash site Grain truck driver dies at crash site

23

24

25 A Multi-million Dollar Lawsuit Was Filed

26 Grain truck No skid marks for fuel truck. Skid indicators identified only 2 of the 10 wheels have functional brakes.

27 Semi tractor-trailer grain driver Class A CDL No indication enrolled in alcohol and controlled substance testing program Coroner confirmed the driver tested + for marijuana (3/4 second to recognize an issue, response time is delayed + 3/4 if on marijuana)

28 Driver of semi vehicle physical evidence left on the road surface may have been an indication of catastrophic failure or a clear indication of the lack of maintenance to the semitractor and semi-trailer. Fuel truck driver had the first responsibility to stop at the intersection. Both drivers should have recognized and reacted to the potential threat of an oncoming vehicle; stopped or slowed sufficiently to avoid an incident. Semi drive s choice of drug tends to slow the reactions of its user. It is subjective as to what extend his actions were affected. The lack of skid marks from the driver of the semi indicated an inability to adequately control the travel of his vehicle. No maintenance files!!!!!!!!!!!!!!!

29 Did You Change Your Mind As To Who is At Fault?

30 Take Home Messages From These Two Accidents

31 Call law enforcement after a crash Record on the cell phone camera and take photographs Take the driver for alcohol and drug test Notify insurance carrier immediately

32 Are you negligent in maintaining equipment

33 Starting Today, You Will Have a Maintenance File for Each Truck and Trailer 3 rd Party Inspections

34 Comply with DOT regulations DOT regulations instate apply at 26,001 (truck, trailer or truck + trailer) GVWR or weight Carrying hazardous materials like fumigants. DOT regulations apply at 10,001 (truck, trailer or truck + trailer) GVWR or weight when crossing state lines

35 Take Vehicle in When a Recall is Issued

36 Will Insurance Pay for Damages When a Trailer Comes Unhitched?

37

38

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40 What happens if an uninsured or underinsured hits my vehicle? Does it cover BOTH truck repairs and medical care for my driver? Who pays to clean up a spill? Pollution exclusion on all policies.

41 Umbrella policy

42

43

44

45 The Unexpected and Unwanted Call

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49 Do Not Speak With the Plaintiff's Attorney or Insurance Adjuster Know What to Expect Hiring a Personal Attorney Out-of-Court Settlements Taking the Case to Court Jury Trial vs. Bench Trial Piercing the Corporate Veil Assigning Fault Comparative Fault Appealing Verdicts

50

51 Complacency Kills Stay Focus

52 We Are In The Turf and Lawncare Business To Protect your business by demanding safe driving habits and making sure you better understand your insurance. Make sure employees return safely home to friends and families

Case 1 2017; tandem truck carrying 1,000 gallons herbicide/fertilizer; brake failure Decision Time Go Right or Left? Right It Is! If you were a lawyer for the driver, what questions would ask? Case 2 W

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