Opinion: An Attorney’s Primer on Truck Drivers

This Opinion piece appears in the Oct. 20 print edition of Transport Topics. Click here to subscribe today.

By Jennifer Wood

Associate

Roberts Perryman PC

How you interact with the truck drivers you represent can make a significant impact on your client’s satisfaction — and even the ultimate resolution of the case.

Unfortunately, many attorneys do not understand what it is like to be a truck driver, and they inadvertently make client-handling mistakes. This article is designed to give these attorneys a bit more insight into what their truck-driver clients may be thinking and experiencing. 

The following will, unfortunately, be full of stereotypes. Every driver is an individual, but many drivers you encounter will have at least some of the following characteristics.

Over-the-road drivers — those that sleep in their trucks and are away from home for days or weeks at a time — are not used to having someone look over their shoulder and question their every move. They tend to love the freedom of the road and feeling like they are their own boss — even if they are not. If their actions are questioned, they can quickly get defensive. This is complicated by the fact that they often have to defend themselves, so becoming defensive or responding aggressively may be their habitual reaction. They may feel their dispatcher or safety manager is inconsiderate of their time. Their family may be frustrated at how little they are home. Nonprofessional drivers on the road — the “four wheelers” — virtually all assume truck drivers are incompetent and uncivilized.

Truck drivers are used to fighting everyone, and you certainly don’t want them to be fighting you. So the first tip is to avoid putting them on the defensive. 

Second, it is vital to understand that life can be complicated when you live in an over-the-road tractor. Truck drivers cannot simply print, sign and e-mail that affidavit back — although some have more technological resources available than others. They cannot pop into your office for a chat. They may not even be able to answer their phone during your working hours.

With new Federal Motor Carrier Safety Administration regulations, many drivers are trying to spend more daytime hours driving so they can take their breaks overnight and better manage their weekly restart. Many companies have policies that prohibit talking on cellphones while driving, and many states have laws against cellphone use. Asking a driver to pull over so you can talk about the case also is problematic. Most drivers are paid by the mile, and if they aren’t putting miles on their truck they are not getting paid. If a driver has to stop in the middle of a 14-hour work shift to talk to you, that means fewer miles and less money. Not to mention the simple fact that they may not find somewhere safe and legal to park. Thus, the second tip is to be cognizant of their working environment and plan your requests accordingly.

Like many of us, truck drivers just want respect. Anything you say or do to make your truck-driver clients feel like you are demeaning them — or putting down their chosen profession — could be disastrous. Attorneys may think we sometimes have a bad reputation among the public, but compare that to the reputation of truck drivers. People make fun of them for their intelligence, cleanliness, demeanor, choice of profession and, most of all, their ability to do their jobs. How many “four wheeler” drivers do you know that blame every accident on a big truck or assume that every truck driver is a danger to society?

Show your clients you respect what they do for a living and that you recognize how incredibly difficult and taxing their job really is, and they are much more likely to be open and cooperative with you. Therefore, the third tip is to show respect to truck drivers for what they do.

Finally, dealing with an accident and lawsuit can be terrifying for a professional driver. Lawsuits are stressful for everyone, but not everyone is at risk of losing their livelihood as a result. Drivers without a valid commercial license are unemployable. Drivers with a serious loss history are unemployable. Many drivers do not have a “Plan B” career choice, as the only thing they have ever wanted to do is be on the road.

In addition, depending on the accident, drivers could face criminal charges and possible jail time. So a client may be terrified by the entire notion of the lawsuit yet be unable or unwilling to express this fear. Remember that many drivers spend long periods of time by themselves and may not have the best communication skills as a result. Often, the underlying fear coupled with potential communication problems can result in a driver who is angry, gruff and likely to speak with an excess of emotion at exactly the wrong time.

Thus, the final tip is to always be aware of this dynamic and be prepared to counsel your client accordingly before a deposition or trial.

Truck drivers are some of the hardest-working individuals you will ever encounter. They are the backbone of our country’s economy and yet receive little recognition for their work. They can be fiercely independent but also fiercely loyal.

The more you understand and respect them, the more they will respect you and whatever you ask of them.

Roberts Perryman PC is a law firm in St. Louis, focused on trucking litigation and insurance defense.