Read the Reg —High-Risk Driver Behavior – Speeding, Tailgating, and Aggression
From the team at SafetyTXT.com | “Focus on Safety”
Read the Reg: FMCSA Behavioral Expectations for Commercial Drivers
High-risk driving behaviors are a top cause of crashes — and a top target in lawsuits.
The FMCSA outlines driver conduct requirements in multiple regulations:
- 49 CFR §392.2 – Obey all state and local traffic laws (e.g., speed limits, following distance)
- §392.6 – Schedules must not require drivers to speed or violate regulations
- §391.11 & §391.15 – Driver qualifications and disqualifications, including reckless driving
If a driver is speeding, tailgating, or driving aggressively, your company is responsible for monitoring and correcting that behavior.
What the Regulation Requires
- Drivers must obey all traffic laws, including speed limits and safe following distance.
- Carriers may not encourage or allow unsafe schedules that pressure drivers to speed.
- Drivers exhibiting reckless behavior may be disqualified, and carriers may face negligent supervision claims.
What Happens When You Don’t Address High-Risk Behavior?
When a driver causes a crash due to speeding, following too close, or aggressive behavior, and the company ignored previous warning signs, you’re no longer just facing a violation — you’re facing a lawsuit with punitive damages.
Red flags that expose companies:
- Prior citations or complaints for speeding/tailgating
- Telematics showing repeated hard braking, speeding, or erratic lane changes
- No documentation of coaching, retraining, or discipline
“If you knew it was happening and didn’t stop it — a jury will say it’s your fault.”
Real-World Example:
In a 2024 crash in Arizona, dashcam footage showed a CMV driver:
- Following a car at unsafe distance at 70 MPH
- Braking hard seconds before a rear-end collision
- Swerving between lanes to pass slower traffic
Investigation revealed:
- Multiple prior telematics alerts for speeding and aggressive braking
- No documented corrective action or retraining
- Dispatch pressure to meet tight delivery windows
Result:
- $16.8 million verdict for negligence and failure to supervise
- FMCSA audit triggered by safety complaints
- Company lost major contracts due to public backlash
What Transportation Managers Must Do
- Monitor Telematics and Dashcams Proactively
- Set alerts for speeding, harsh braking, rapid acceleration, and unsafe following
- Review driving events weekly and flag patterns of aggressive behavior
- Share findings with safety staff and take action
- Establish Clear Behavioral Expectations
- Publish a driver code of conduct that prohibits:
- Aggressive lane changes
- Brake-checking or retaliatory driving
- Excessive speeding or tailgating
- Reinforce safe following distances and situational awareness
- Train, Coach, and Correct
- Use microlearning tools (like SafetyTXT.com) to reinforce:
- Defensive driving
- Space management
- Time pressure awareness
- Document coaching sessions, retraining, and disciplinary actions
- Avoid Scheduling Pressures That Create Risk
- Never set delivery windows that require speeding to meet
- Empower drivers to report unrealistic expectations
- Tie dispatcher performance to safety metrics, not delivery speed
Why It Matters
High-risk driving behavior is like a slow leak in a tire — if ignored, it will blow out, and it could take your company down with it.
Insurance companies, the FMCSA, and trial lawyers are increasingly focused on behavioral safety data. If you aren’t reviewing it, they will.
“Unsafe behavior behind the wheel often starts with unsafe leadership behind the desk.”
Behavior Can Be Coached — If You’re Paying Attention
Training isn’t just for new drivers. Ongoing coaching based on real-world data is the fastest way to prevent crashes and protect your brand.
At SafetyTXT.com, we help companies deliver monthly training and build a proactive safety culture that holds everyone accountable — including dispatch and management.
Closing Thought:
“Speeding may save a minute — but it could cost a life… and your company.”
Take a Minute for Safety.
Focus on Safety.
