Standards vs. Best Practices: What Protects You in a Lawsuit

By Brian J. Riker

In the complex world of commercial vehicle operations, including towing and roadside repair, one missed step can cost your company everything. The pathway we navigate is shaped by both regulatory mandates and evolving professional expectations. Two terms frequently referenced in risk management and compliance are “industry standards” and “industry best practices.”

While these concepts may sound interchangeable, they’re not—and the difference could decide whether you keep your business or lose it all. Standards

Industry standards are the rules. They’re written into DOT hours-of-service requirements, state towing laws, FMCSR securement regulations, and even municipal contracts. These define the bare minimum you must follow: driver qualifications, equipment inspections, proper tie-down and securement, and basic safety gear like vests, triangles, and lights.

Fall short here, and you’re wide open to lawsuits, DOT citations, or contract suspension. For example, if a car falls off your truck because you didn’t secure it per FMCSR, you’re automatically negligent. Telling the judge “everyone does it this way” won’t cut it. Best Practices

Best practices aren’t written into law, but they show professionalism and reduce risk. These are the things smart operators do to protect their company, even when no one’s forcing them to.

Taking photos before every hookup has saved towers thousands in false damage claims. Using in-cab cameras or fatigue monitoring systems has cleared drivers in crashes and dropped insurance premiums. Training drivers beyond the basics and pulling flatbeds for AWD vehicles—even when a wrecker could “get it done”—shows you’re operating above the minimum. Preventative maintenance logs that go beyond the checklist speak volumes in court.

Courts, juries, and insurers increasingly look at best practices to decide if you acted like a “reasonable” operator. If most of the industry is already using a tool or training, and you don’t, that can be used against you. Why This Matters to Towers?

Liability in towing usually comes from: -- Traffic crashes. A wreck with your truck can sink you if your driver was fatigued, untrained, or cutting corners. A wreck with your truck can sink you if your driver was fatigued, untrained, or cutting corners.-- Damage to the customer’s car. If you ignored standards—or skipped better equipment—you’re on the hook. If you ignored standards—or skipped better equipment—you’re on the hook.-- Workplace injuries. A missed step on PPE or lack of safety training can land you in front of OSHA or a jury. A missed step on PPE or lack of safety training can land you in front of OSHA or a jury.

Even if you meet the legal minimum, lawyers will argue you should have done more. Best practices are your defense to show you went above and beyond. Insurance Companies are Watching

Insurers don’t just want to see you meet standards—they want proof you’re running like a professional. One operator I know installed in-cab cameras and saw premiums drop by 15%. Another documented every preventative maintenance step, which helped get a claim approved in days instead of months.

On the flip side, if you’re cutting corners, don’t expect your insurance carrier to fight hard for you in court. The Bottom Line:

While industry standards set the legal baseline for commercial vehicle operations, best practices embody the ongoing pursuit of safety, efficiency, and professionalism. From a legal liability standpoint, standards are non-negotiable. They define negligence and compliance. Best practices, though voluntary, serve as benchmarks for reasonable care, influence legal outcomes and shape the future of the industry.

Professionals who seek to minimize risk, elevate safety, and protect their organizations must understand both concepts, commit to ongoing improvement, and recognize that in the eyes of the law, doing only the minimum is rarely enough.