Latest news with #truckingcompanies
Fast Company
5 days ago
- Business
- Fast Company
4 lessons my trucking customers taught me about high-pressure decision making
The Fast Company Executive Board is a private, fee-based network of influential leaders, experts, executives, and entrepreneurs who share their insights with our audience. BY We've all faced that moment—a dozen eyes fixed on us, waiting for direction. The pressure builds, time ticks, and yet … we freeze. The weight of making the right decision in that instant feels crushing. For many of us, decision fatigue creeps in quietly through the chaos of everyday life—work, family, a hundred micro-choices a day. What's for dinner? Which summer camp? It's why Steve Jobs wore the same outfit daily: to preserve mental energy for decisions that really mattered. But for my customers, drayage trucking companies, decision fatigue isn't just an occasional burden—it's the job. They operate in one of the most intense, unpredictable, high-stakes environments in logistics. Hauling containers in and out of ports isn't a straightforward task. It's a battle against the clock, the port schedule, traffic snarls, broken chassis, gate delays, and surprise cancellations. And when things go sideways—which they often do—dispatchers and drivers don't have the luxury to freeze. They make calls in real time, under pressure, with limited information, and move on. As a tech leader working closely with these frontline problem-solvers, I've learned a great deal about making smart, fast decisions when the margin for error is razor-thin. Here are four lessons I've picked up from drayage pros about decision-making in high-pressure environments and how you can apply them when the heat is on. 1. GOOD DECISION-MAKING STARTS WITH VISIBILITY Visibility and real-time data have been big topics in the supply chain world. We have more information at our fingertips today than we've ever had before, thanks to technology, GPS, transportation management systems, and so much more. Drayage trucking companies that have implemented modern technology can have full visibility into where their trucks are, when containers are arriving, and how long the line is at the port. With abundant and visible data, the key is to interpret that data correctly and make decisions based on the information at hand. My advice: Gather as much relevant information as you can to make smart decisions. Even better if you can use AI to make recommendations based on that data. 2. EVERY DECISION HAS TRADEOFFS One key thing I've learned from my customers is that there's no perfect decision, and no matter what you decide, there may be tradeoffs. Let's say a road is closed on the way from the port to the retailer's warehouse. A drayage leader may decide to route the truck around the long way. The upside of that decision: The freight still gets to the warehouse the same day, and the customer is probably happy. The downside: more miles and more time for the truck driver. In the end, drayage firms don't have the luxury to endlessly deliberate and wait for new information. They have to make a call in real time. In the tech world, a decision to scale with AI might increase productivity. But does it impact employee engagement and the authenticity employees have with customers? These are the kinds of decisions we grapple with as executives. Not everyone will love your decision, and that's the reality of leadership. 3. TAP INTO THE VALUE OF SCENARIO PLANNING There's never a dull day in logistics. Something could break down or be delayed at any link in the supply chain. By having back-up plans or buffers, my drayage customers are able to respond quickly and pivot when things go wrong. In the supply chain, this is often called scenario planning. What could happen, and what's the likelihood? Are we prepared if plan B, C, or D occurs? Answering those questions proactively can help us all make decisions and adjustments when the time comes, because we'll have the resources and contingencies in place. 4. STICK TO YOUR GOALS, EVEN AMID THE CHAOS Drayage companies are some of the most mission-focused businesses I've encountered. They have a clear imperative: Deliver goods safely, accurately, and on time, and, above all, make their customers happy. Through all the volatility of the supply chain, they remain laser-focused on their goals, and that helps form the foundation of their decisions. I've begun to do the same in my own decision-making. One of PortPro's big goals is to help our customers deliver exceptional service to their customers through tech tools that offer transparency and efficiency. Every time I feel overwhelmed by a decision, I think about this mission and make a decision based on what best serves our company's purpose—what helps our customers, and what, in turn, helps their customers. Through the years, in my own experience and from my customers, I've learned that the worst decision is to not to make one. I'm a big believer in making decisions fast, but with the right data points. After you make a decision, follow through, see what's working and what's not, and respond even faster. TRUST YOUR INSTINCTS By recognizing information shortfalls, anticipating potential roadblocks, having backup plans ready to go, and always keeping your company's mission in mind, you can quickly and confidently make decisions even in high-pressure situations. Trust your instincts, and don't be afraid to make a call. The super-early-rate deadline for Fast Company's Most Innovative Companies Awards is this Friday, July 25, at 11:59 p.m. PT. Apply today.
Forbes
15-07-2025
- Automotive
- Forbes
Cell Phone Forensics: Why Trucking Defense Attorneys Fail At Plaintiff Phone Discovery—And How To Succeed
When an eighty-thousand-pound commercial vehicle collides with a passenger car, the resulting litigation can reach eight figures. Yet despite billions in annual settlements, a critical evidence source in trucking accident cases remains inconsistently accessed by defense teams: the plaintiff's smartphone. While many trucking companies routinely preserve their driver's phone for forensic examination, defense attorneys face significant challenges obtaining the same evidence from plaintiffs. This creates a fundamental asymmetry in trucking accident litigation. Today, commercial carriers are expected to rapidly preserve their driver's cell phone for forensic examination, understanding that courts generally expect cooperation and transparency from businesses involved in accidents. However, obtaining comparable access to plaintiff phones requires different strategies, targeted negotiations, and sometimes extended legal proceedings. The challenge lies in the complexity of digital evidence and the legitimate privacy concerns that fuel resistance. As a digital forensics expert, I spend much of my time educating attorneys about cell phone forensics. I know firsthand the technical requirements and strategic approaches that have proven successful in gaining access to plaintiff cell phones. Cell Phone Forensics Is Best Evidence The evidence contained in smartphones can be decisive. Cell phone forensics provides precise timestamps, location coordinates, and device interaction data that can definitively prove what someone was doing in the moments before an accident. Unlike phone bills and call detail records, forensic analysis of the physical cell phone can prove whether fingers were actually touching the screen, which applications were active, and whether notifications were seen or ignored. Most defense attorneys struggle to obtain this evidence because they approach plaintiff phone discovery the same way they would request any other document. This traditional approach consistently fails because it ignores both the technical realities of cell phone forensics and the strategic considerations that make cooperation more likely. The typical discovery cycle follows a predictable pattern: This pattern repeats frequently because the approach triggers predictable objections that courts often find persuasive when weighing individual privacy rights against discovery needs. Smartphones contain vast amounts of deeply personal information: intimate communications, financial data, medical information, photos and digital records that create a comprehensive picture of someone's private life. While plaintiff opposition reflects legitimate concerns, these can be addressed with thoughtful defense strategies. Why "Just Get the Text Messages" Won't Work In Trucking Accident Cases Many attorneys assume they can simply request "text messages and calls from the time of the accident" and sidestep privacy concerns. This approach fundamentally misunderstands how cell phone forensics works and will leave you missing the most critical evidence in trucking cases. The evidence that actually determines liability in trucking accidents requires a cell phone forensic data extraction from the physical smartphone—but not just any type of extraction. In trucking accident cases, a full file system data extraction is the gold standard. This extraction recovers forensic artifacts showing screen touches, keyboard caches revealing what was typed, application usage data, and notification interaction records. All the data must be collected upfront as a technical necessity because of how cell phone forensic tools work and to preserve the critical evidence that proves what actually happened in the moments before impact. Cell Phone Forensics: The Technical Game-Changer This technical necessity of complete data collection through full file system extraction becomes the foundation for strategic negotiations. The key insight that successful attorneys understand is that complete data collection doesn't require complete data analysis. This distinction allows for protocols that satisfy technical requirements while addressing privacy concerns through meaningful limitations on what data will actually be examined. Attempting selective data extraction during the forensic process would compromise data integrity and potentially create problems with evidence admissibility. Forensic tools cannot distinguish between "relevant" and "irrelevant" data during extraction. They must image the entire device to maintain proper evidence handling and preserve deleted information that might be crucial to understanding what happened. Moreover, attempting selective data extraction during the forensic process could compromise data integrity and potentially create problems with evidence admissibility. This technical reality provides the foundation for protocol-based negotiations that satisfy both technical requirements and privacy concerns. Getting Plaintiff Phones: The Protocol-Based Approach That Works The most successful trucking defense attorneys have moved beyond traditional discovery battles to a protocol-based approach that separates data collection from data analysis. These protocols acknowledge technical realities while providing meaningful privacy protections that make cooperation more likely. Effective protocols typically include several key elements: Clearly defined time boundaries: Shows precision and reasonableness by focusing analysis on a specific, defensible timeframe directly relevant to the accident. This addresses judicial concerns about overbreadth while ensuring you capture the critical evidence window. The narrow focus demonstrates you're conducting a targeted investigation, not a fishing expedition through the plaintiff's digital life. Professional handling requirements: Builds credibility and addresses competency concerns by specifying that only qualified digital forensics professionals will access the sensitive data. This requirement shows respect for the technical complexity of digital evidence and assures courts that the examination will follow industry standards. Comprehensive privacy protections: Directly tackles the core privacy concerns that drive plaintiff resistance by implementing specific safeguards for irrelevant personal information. These protections demonstrate genuine respect for privacy rights while preserving evidentiary value, making cooperation more likely and court approval more probable. Specific data destruction timelines: Offers concrete assurance that sensitive data won't be retained indefinitely, addressing long-term privacy exposure concerns. Written certification creates accountability and demonstrates good faith compliance with agreed-upon limitations. This approach offers a strategic advantage: it shows technical competence and genuine respect for privacy interests while keeping focus on obtaining evidence necessary to understand what happened in the critical moments before the accident. Plaintiff Phones: A Case Study In Strategic Success A recent high-stakes trucking case shows the power of the protocol approach: The Initial Challenge: The plaintiff claimed they had safely ended a phone call minutes before the accident and put their device away. Cellular carrier phone records seemed to support this claim, showing the call had ended three minutes before impact. Traditional Approach Failed: Traditional discovery requests for phone data met strong resistance. Opposing counsel argued that phone records were sufficient and that broader access violated privacy rights. The Strategic Pivot: Rather than filing a broad motion to compel, the defense team crafted a detailed protocol that: Court Success: When negotiations failed, the defense team's motion to compel included this carefully structured protocol. The court was impressed by the professional approach and meaningful limitations, finding that the protocol properly balanced the need for relevant evidence with legitimate privacy concerns. The court granted the motion, ordering the forensic examination under the proposed protocol terms. The Game-Changing Discovery: The resulting forensic examination revealed that while the phone call had indeed ended three minutes before impact, the plaintiff had immediately opened a texting application and was actively typing a message at the moment of collision. The device's interaction logs showed precise screen touches at the time of impact, and the incomplete text message was preserved in the phone's memory. Case Resolution: This evidence completely transformed the case dynamics, shifting focus from alleged truck driver negligence to documented plaintiff phone use while driving. The case ultimately settled for a fraction of the original demand. Plaintiff Phone Discovery: Critical Strategic Elements Successful phone discovery requires understanding several strategic elements that can significantly improve outcomes: The Education Component: Many resistance issues stem from genuine misunderstanding about what cell phone forensics involves. Judges and plaintiff attorneys may believe that selective data extraction is technically possible and view complete imaging requests as unnecessary overreach. Explaining technical realities builds credibility and shows that your approach stems from necessity rather than opportunism. Technical Credibility: Without proper expert support, discovery requests look like fishing expeditions rather than necessary technical requirements. Qualified digital forensics experts can explain why complete data collection is required while demonstrating how protocols protect privacy interests. Privacy Balance: Effective protocols don't dismiss privacy concerns—they address them head-on with specific, meaningful protections that demonstrate genuine respect for legitimate interests while preserving evidentiary value. Timing Considerations: Digital evidence degrades over time as devices are used, applications update, and data gets overwritten. Early action is essential to preserve potentially crucial evidence before it disappears forever. When Negotiations Fail: Court Motions Even well-crafted protocols don't guarantee cooperation. When court motions become necessary, success depends on elements that extend beyond traditional discovery arguments. Successful motions include: The most effective motions also address common objections technically and proactively. They explain why alternative methods can't provide equivalent evidentiary value and demonstrate that proposed protocols include meaningful privacy protections rather than broad, unfocused data requests. Plaintiff Cell Phone Discovery: The Path Forward The difference between success and failure often comes down to understanding subtle nuances: the specific protocol language that makes cooperation more likely, the technical explanations that build credibility with both opposing counsel and courts, and the strategic approaches that transform resistance into cooperation. In our increasingly digital reality where smartphones are central to daily life, the evidence they contain can be decisive in trucking accident litigation. For trucking defense attorneys, developing expertise in obtaining plaintiff cell phones has become essential for representing motor carriers and uncovering the full picture about what happened in the critical moments before an accident.
