The increasing risks of driving can no longer be overlooked. In our recent webinar, "The Cost of Ignoring Driver Risk: 4 Intervention Steps You Can’t Afford to Skip," SambaSafety's Vice President of Product Management Steve Schwindt and General Counsel and Chief Compliance Officer John Diana broke down the financial, legal and operational consequences of driver risk—along with four actionable strategies to mitigate it and improve driver safety.
If you missed it, don’t worry! Below is a recap of the key insights and takeaways from this must-watch session. However, we highly recommend watching the full webinar, as this summary only scratches the surface of the valuable insights shared by our risk and litigation experts on how to improve fleet safety.
What You'll Learn:
The Rising Risks and Costs of Inaction
Understanding Your Standard of Care
Your Legal Responsibility: The Risk of Inaction
Different Ways Companies Identify and Manage Risk
4 Steps to Proactively Improve Driver Safety
Top Questions From Our Q&A Session
"If there’s one essential takeaway from this webinar, it’s that, in a way that fits your company, you can change the behavior of drivers. It can be done."
—John Diana, General Counsel and Chief Compliance Officer, SambaSafety
The Rising Risks and Costs of Inaction
Driver risk is increasing, and the financial consequences are staggering. Let's run the numbers:
- Auto crashes are the number one cause of workplace injury and death, accounting for 22% of all workplace fatalities.
- 31% of employees admit their distracted driving caused a work-related crash—up from 26% in 2022.
- 52% of personal injury lawsuits stem from auto crashes, and 60% of them result in plaintiff victories.
- The number of nuclear verdicts (settlements over $10 million) hit a 15-year high in 2023.
- Auto insurance premiums skyrocketed by 25% in 2024, with claims severity up 36%.
Steve emphasizes just how critical this issue has become: "Auto crashes are the leading cause of workplace injury and death . . . it's the leading cause. And so that really puts importance on us in our industry and how we go about safety."
The bottom line? Companies that fail to take action are at risk of serious financial, legal and reputational harm.
Steve notes: "We're seeing a shift in the industry. I think both with [insurance] carriers and insureds, there has to be a different strategy, and that strategy is starting to shift more towards risk management and preventing claims from occurring in the first instance, not just trying to cover the difference with premium [increases]."
Understanding Your Standard of Care
John starts by noting, "You're never going to have perfection in this space, and you're never going completely eliminate risk. But more importantly, you're trying to keep the numbers on your side. . . If there is a crash, having a defense is critical for you, and it's critical for your drivers. So you want to have a program and a story to tell and the supporting tools that are going to help you defend yourself and your drivers—and minimize risk."
Companies with drivers are held to a certain "standard of care" in 2025. The old "I don’t want to know about risk" excuse no longer holds up in court. With so many available risk management tools today, companies are expected to know about their drivers’ risk and act accordingly.
John explains, "We really have two standards of care. One is for the driver. How do they conduct themselves behind the wheel? . . . And how did [they] make all of these hundreds of decisions and actions? . . . But for the company, it's much broader. What was your program to address risk? And what is a reasonable standard of care for a company? . . . What tools are you using to understand risk? And once you do understand risk, how are you intervening to actually change the behavior of your drivers?"
In the event of litigation following an incident, plaintiffs will work to uncover:
- If the company knew or should have known that their driver was dangerous.
- If the company has a safety program that reasonably ensures drivers are trained, safe and aware of responsibilities behind the wheel.
- If the company actually follows its own safety program.
Steve calls out a common but flawed mindset as he says, "I hear this less often now, but in the past, [I] have heard of this notion and practice of . . . ‘don’t tell me who the bad driver is. . . I’m better off not knowing because if I do know, then that’s subject to discovery.’"
"I can candidly say I have never seen that strategy work," John quickly counters.
Failure to take reasonable steps can lead to legal exposure. And with nuclear verdicts on the rise, companies without a structured safety program are putting themselves in the legal crosshairs.
"Addressing the behavior of your drivers and your ability to defend your company in the event of a claim—they all work together. So, if you're working on one, you're working on the other," John says.
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Your Legal Responsibility: The Risk of Inaction
"Every business takes on risk every day," says John. "And for everybody on this call today, you manage drivers. That's why you've joined us today . . . You can't afford not to have drivers. You wouldn't have a business. Right? So you're taking on a calculated risk. The question really is, how are you managing that risk?"
Simply having driving data isn’t enough—failing to act on it can increase liability. Legal doctrines like Respondeat Superior and negligent entrustment hold employers responsible if they fail to properly vet, monitor or intervene when drivers pose a risk.
Nuclear verdicts continue to rise, fueled by reptile theory tactics that argue companies knowingly put unsafe drivers on the road. “The worst thing you can do is have a policy that you don’t follow. . . But close behind that is to have no policy at all,” John adds.
A proactive, data-driven safety program is the best defense against growing legal risks.
Different Ways Companies Identify and Manage Risk
Companies approach driver risk management at different levels, ranging from basic regulatory compliance to fully integrated, data-driven safety programs. The more proactive and comprehensive the approach, the better positioned an organization is to reduce incidents, lower liability and improve overall safety.
Minimum
At the minimum level, companies meet legal requirements—such as pulling an annual motor vehicle record (MVR) for regulated drivers. While this satisfies compliance obligations, it offers only point-in-time visibility, leaving long gaps between pulls where risk can go unnoticed.
Good
A good approach moves beyond compliance by incorporating additional tools to measure driver safety. This could include pulling MVRs more frequently across the entire workforce, implementing standardized training programs or setting baseline safety policies that define expectations and consequences for risky behaviors.
Better
A better strategy involves active monitoring of driver behaviors and incorporating targeted intervention strategies. Instead of waiting for violations to appear on an annual MVR, companies use continuous driver monitoring to identify risk in near real-time, enabling immediate corrective action. This approach allows for early intervention, preventing small issues from escalating into costly crashes or lawsuits.
Best
The best companies take a more proactive, holistic approach to risk, integrating multiple data sources—such as MVR monitoring, telematics insights, CSA data, claims records and even AI-driven risk scoring—to proactively manage driver safety. Rather than reacting to incidents, these organizations focus on preventing crashes before they happen by using predictive analytics, ongoing, proactive coaching and customized intervention plans with targeted training.
"A lot of this is about behavior management and getting your personnel and drivers to make the right choices and decisions," says Steve.
4 Steps to Proactively Improve Driver Safety
How can companies work to combat the rise in driving risk and improve fleet safety? Our experts explore four critical strategies that you can't afford to skip.
1. Proactively Prevent Risk
Steve first emphasizes the need for proactive safety measures: "The best strategy is to proactively try to prevent risk." One of the most effective ways to do this is through ongoing training and safety reinforcement.
Studies show that we forget 50% of new information within an hour, 70% after a day and 90% in a week. This "Forgetting Curve" proves that one-time training at orientation isn’t enough. Ongoing coaching and reinforcement are critical, regardless of a driver's tenure and experience level.
Continuous driver training on high-risk behaviors—like distracted driving, defensive driving and seasonal road conditions— works to keep safety top of mind post hire and flatten the Forgetting Curve.
BONUS: Investing in driver development also boosts driver retention. In fact, 77% of employees stay longer at companies that prioritize learning and development.
"If [drivers] are invested in your mission, your values and your goals as an organization, those are the people who you want working for you. Those are the people who can coach other new hires to make the right choices and develop a strong culture of safety," says Steve.
2. Have a Plan for Risk Mitigation
Even with a proactive safety approach, incidents will happen. A clear, well-documented intervention plan defined within a broader driver safety policy is essential to address risk, ensure consistency and protect against liability. Your plan should define expectations, intervention strategies and consequences for violations. Without it, companies risk inconsistent decision-making and legal exposure.
John makes this clear: "The worst thing you can do is have a policy that you don’t follow. But close behind that is to have no policy at all."
Courts increasingly scrutinize whether companies took reasonable steps to manage driver risk. Having a policy, and following it, protects organizations legally while strengthening driver accountability and overall safety.
"Expect things to happen, and have a plan to address [them] when they do."
—Steve Schwindt, Vice President of Product Management, SambaSafety
3. Continuously Assess Driver Risk
Risk doesn’t stop after hiring. A single MVR check per year isn’t enough—a lot can happen in 364 days. MVR, CSA and telematics monitoring provide ongoing visibility into violations, suspensions and high-risk behaviors, allowing companies to act before issues escalate into crashes or lawsuits.
Steve emphasizes, "If you don't have any kind of monitoring tool in place, [your] confidence level that everyone out on the road right now is qualified to be out on the road should, quite frankly, not be a hundred percent."
BONUS: Beyond identifying risk, companies should also recognize and reward safe drivers. Positive reinforcement boosts engagement and instills a safety-first culture. Recognizing top-performing drivers also encourages safe behavior and strengthens company-wide accountability.
4. Intervene Quickly and Intentionally
When risk arises, interventions must be timely, targeted and consistent. The sooner an issue is addressed, the more effective the correction—waiting too long reduces impact.
Personalized training and coaching are also key. Generic, one-size-fits-all programs fail to address specific risk factors. The best companies use data-driven interventions tailored to each driver’s needs.
“The name of the game is how you prioritize who should be spoken to and when at an individual level that will have the biggest impact,” notes Steve. Discovering who you speak to and what you speak to them about can be solved by vendors like SambaSafety that provide the tools, analytics and scoring to identify those in need of targeted coaching.
Tracking intervention effectiveness over time also ensures companies can refine their safety programs based on real results. A structured, data-backed approach improves driver behavior and reduces future risk exposure.
Top Questions From Our Q&A Session
During the webinar, attendees raised insightful questions about managing driver risk, legal responsibilities and best practices for intervention. Below are a handful of questions from the session.
Q: What is the difference between having a specific driver safety policy versus a cookie-cutter one?
A one-size-fits-all approach to driver safety policies isn’t effective—every company has its own unique risks, operational needs and compliance requirements. It’s essential to develop policies and procedures that align with your specific business model, ensuring they are practical, enforceable and tailored to your workforce.
A well-crafted policy should meet regulatory requirements while reflecting your company’s culture and unique risk management goals. What works for one organization may not be the right fit for another, so companies should focus on creating policies they can consistently implement and uphold rather than adopting generic guidelines that may not fully address their needs.
Q: Do you have sample driver safety policies?
Yes! Check out our free white paper, Driver Safety Policies: Best Practices and Drafting Considerations, which includes sample safety policies. You can access it here.
Q: Are there any cost-effective alternatives to pulling MVRs directly from a state DMV, especially for companies that want more frequent updates?
Using a continuous license monitoring platform allows companies to receive real-time updates about changes to a driver’s record. This approach pulls data directly from state DMVs and other sources, providing faster, more cost-effective insights compared to annual MVR pulls.
Q: Can you touch on the importance of active MVR monitoring vs. MVRs by demand?
Continuous MVR monitoring provides ongoing insight rather than just point-in-time visibility. With active monitoring, you’re automatically alerted as soon as there’s a change on the MVR, allowing you to act immediately and prevent future incidents. On-demand checks, by contrast, may only surface issues months later—when it’s too late to intervene.
Q: Do all states accept continuous MVR monitoring in place of an annual MVR pull?
For regulated drivers, some states still require an annual MVR, even if you have a monitoring program in place. It’s important to check specific state requirements to ensure compliance.
Q: How should companies handle seasonal drivers differently when it comes to risk monitoring?
Managing seasonal or temporary drivers requires a customized approach—the same strategies used for full-time drivers may not always apply. While core safety policies and expectations should remain consistent, companies may need to adjust how they monitor and intervene with seasonal hires.
For example, license monitoring can be set up for a specific timeframe, allowing companies to track seasonal drivers while they are employed and then unenroll them when they are no longer active. Similarly, micro-learning modules and targeted training can be an efficient way to ensure short-term drivers receive the necessary safety education without the time investment of full-scale training programs. The key is flexibility—ensuring seasonal drivers meet safety standards while optimizing resources.
Q: What is the best way to ensure interventions are effective and actually improve safety?
Data-driven decision-making is key to effective risk management. Relying on concrete data ensures that interventions are timely, consistent and defensible. Keeping a clear record of all interventions—from monitoring alerts to coaching sessions—provides a strong foundation for both improving driver behavior and protecting the company in the event of a claim or legal dispute.
A well-documented intervention history shows that the company identified risks, took action and maintained a consistent approach to driver safety. If an incident does occur, having this proactive and structured process in place strengthens a company’s legal defense and demonstrates a clear commitment to safety. The best strategy is one that is transparent, data-backed and consistently applied across the workforce.
Q: How should companies approach in-person training versus e-learning?
When it comes to in-person training versus e-learning, the two shouldn’t be seen as mutually exclusive. One-on-one, individualized in-person training is undoubtedly the most effective way to drive behavioral change, but it is also costly and time-intensive. On the other hand, e-learning provides scalability, allowing companies to reach a broader audience while reinforcing safety principles efficiently.
A blended approach is often the most effective. In-person coaching should be prioritized for high-risk drivers or those requiring more hands-on intervention, while e-learning can supplement training across the entire workforce. Leveraging data and analytics to identify which drivers need more intensive coaching ensures that training resources are allocated effectively. The key is a targeted, strategic approach—using technology to deliver the right training to the right drivers at the right time.
Q: How should a company deal with uncoachable drivers?
Let’s be honest—some individuals may not be the right fit for your organization, and while that can be a difficult reality to accept, especially in an industry facing high turnover and onboarding challenges, it’s crucial to maintain a strong safety culture. The key is to frame it in terms of organizational values and expectations rather than individual shortcomings.
A company with a well-defined safety culture should be able to ask every driver: “This is our goal, these are our expectations—are you aligned with them?” If the answer is no, then it may be necessary to find someone who is. When safety policies and expectations are clearly documented, consistently reinforced and widely understood, these conversations become much easier and more effective.
Start Building Your Risk Mitigation Strategy
The cost of ignoring driver risk is too high; rising crash rates, increasing litigation and soaring insurance premiums make it clear that companies must take a proactive approach. Implementing a well-structured driver safety program is no longer optional.
Want to dive deeper into Steve and John's conversation? Download a free copy of the webinar recording to learn more about the four intervention steps you can’t afford to skip.