Motor City litigator weighs in on big rig driving technologies

Neither worried nor overly cautious about unfolding driving technologies, Timothy Groustra, appears to be taking the concept of disruptive business models in stride. Or is this attorney who represents trucking carriers projecting the industry’s outlook on topics ranging from electrified vehicles to telematics? Speaking from his office nearby Detroit, Mich., Groustra of Dickie, McCamey & Chilcote unpacks the risks and opportunities facing long-haul trucking companies that are arguably the backbone to on-time delivery.    

AMBW: What do you view as the most impactful challenge facing roadway transport? 

Groustra: Currently, the challenges are wide and disparate. Clogged ports in southern California driving container ships north are causing trucking operations to adapt. The pandemic challenges have highlighted for everyone the significance of logistics. Yet it certainly has been difficult for many trucking operations in many ways. Business reports say that U.S. trucking company failures tripled in 2020 over the prior year because the smaller companies could not withstand another pandemic shutdown in the second quarter. Better capitalized and diversified larger trucking operations have fared better through the pandemic. Why? Because they generally have better liquidity and access to financial markets. And there’s also a more diversified customer base. While individual operators have seen a decline from the pandemic, other facets of the business are benefitting. We see some sectors of the economy that are booming in the pandemic-restricted world. Many tied to online shopping have increased demands on the logistics providers. Larger trucking companies may have better access to those flourishing companies. 

AMBW: Autonomous vehicles and other tech start-ups are further emerging onto the scene. What does their success mean for truckers if people are scaled back? 

Groustra: I note a bit of caution that we are still a way off on AVs becoming mainstream in transportation. Indeed, the smaller the vehicle, the sooner we’ll see the implementation with that application. And certainly, again AVs are already becoming mainstream for certain warehousing operations. Final-mile delivery is now the next frontier, and it will go from there. But regarding larger and more complex vehicle operations that must deal with adverse weather or rough road conditions, that scenario requires something less than fully automated. While AVs should eventually help ease the driver shortage, it is not a full panacea, nor is it coming any time soon. 

AMBW: Automotive pundits say that electric vehicles will eventually displace the diesel combustion engine. Mechanics will soon need to master code rather than know how to perform oil changes and have fewer moving parts to replace. Does this shift stand to benefit big rigs?  

Groustra: I would say it certainly does in terms of anticipated substantial savings with less maintenance and labor costs along with increased driving range. Again, though, I note that some of those features may be quite a way off. Consider two parts to the technological discussion: development of electric or hydrogen fuel cell technologies for class 8 heavy-duty trucks and, thereafter, some level of autonomy. Yet, the phasing out of the combustible engine with its many moving parts will certainly bring cost reductions.  

AMBW: Telematics and other electronic tracking devices, including in-cabin artificial intelligence, promise to improve safety. Is there any risk or downside to this growing technology? 

Groustra: The only downside I see is to litigation attorneys such as myself! For example, some of my clients are leery of adding dash-cam technology to their fleet even though video images remove many questions regarding a crash. And for attorneys of my trade, this discovery process reduces the potential work we would have to do in finding answers. I still highly recommend telematics, because it best serves the carrier. There is a downside if an event video is highly inflammatory or otherwise damaging for the company. Still, it is far better to know immediately rather than a jury order you to write a large check several years later. There are naturally growing pains with some of the technologies, but overall, there is no question it is making trucking safer.