Dealing With the News Media in the AftermAth of A roAd trAnsport Accident

When an accident involves a transport vehicle for a well-recog-nized corporate entity, negative media attention may result, especially if the accident results in serious injuries or death. Online and conventional media channels can flash “breaking news” bulletins with photos and video footage taken by bystanders before the corporation is even aware of the event. The corporation needs to take the appropriate steps to effectively deal with the negative attention. A corporation seen to not be dealing with it effectively may see their repu-tation suffer.

The International Air Transport Association released best practice guidelines for organizations to follow in the aftermath of an airline acci-dent and these form the predicate of the guidelines provided here for road transport accidents. Many of the same principles apply.

FIRST PRINCIPLES

Be proactiveCompanies involved in a crisis

have to work quickly to minimize negative or hostile media coverage that can undermine the confidence of

customers, employees, investors, busi-ness partners and other stakeholders in the business. What the corpora-tion will be able to say is limited right after the incident; however, a corpora-tion should not hide behind “legalese” and “no comments”. It is important to establish yourself as a credible and trusted source of information as quickly as possible.

A first “holding statement” should be released as quickly as possible that acknowledges the involvement of the corporation in the incident. From this point forward, it is important to maintain a steady flow of informa-tion through the news media and other information channels. The focus should be on the response to the event and what is being done to mitigate the consequences.

Be quick to establish yourself as the best source of informationIn modern society with increased

social media, corporations do not have time to gather information before a statement is released. A corporation involved in an incident should aim to issue a brief “holding statement”, con-firming their involvement as quickly as possible. This is key so that their

opportunity to influence developing news coverage is not lost. This hold-ing statement should be posted on the company website and it forms the basis for both communications with employees and with other important stakeholders.

Be honestCredibility must be established and

maintained which depends on how the audience perceives the honesty and sincerity in the statements that are released. A misstep here could result in the audience disregarding any further comments from the corporation. If not enough information is available and the story is still developing, it should be acknowledged that the information the corporation has is incomplete.

Express regret without admitting liabilityA corporation must consider the

value of expressing regret. However, a corporation must be careful when doing so because this may be seen as an admission. It must be thought about prudently by the corpora-tion and its legal counsel before any action is taken. A carefully worded statement that does not specifically admit liability or blame can play a critical role.

*Partner, Isaacs & Co. (Toronto, Ontario, Canada)†Articling Student at Gowling WLG (Hamilton, Ontario, Canada) ‡Vice President & General Counsel, Wal-Mart Stores Inc.

Thomas Evans‡Emma Dalziel†Heather C. Devine*

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Understand the audienceEach corporation will have its

own list of key stakeholders but there are many audiences who will be sen-sitive to the news coverage being released in the aftermath. This may include: survivors, family and friends of the injured, other individuals and organizations, employees, customers, investors, the financial market, suppli-ers, business partners etc.

Be clear about what can and cannot be providedPressure is very high in the

aftermath of an incident to find out why an accident occurred. However, a corporation and other involved parties must be careful not to speculate and not identify specific factors that may have contributed to the accident. The corporation should always refer any investigation specific questions back to the public statements of the investigators.

Be consistent across all channelsAcross different communication

channels, the tone of voice may change depending on the audience, but the information being provided must be consistent. Anything sent to one party may be read by all parties. Front-line employees should be briefed on what they can and cannot say to the media.

Coordinate with other parties involvedIt is important that the various

parties coordinate the release of information to ensure the basic facts are consistent. A corporation should assume communication with the National Transport Safety Board (NTSB) immediately.

Be aware of the impact your statement has on othersAccidents have the potential

to implicate a wide spectrum of “secondary” parties who are not involved in the original event as questions about safety are often raised. Deflecting blame onto other parties should be avoided.

BEST PRACTICE FOR ROAD TRANSPORT

Operating CarrierRight after the accident, the

operator of the road transport vehicle will receive the most intense media interest and demands for information. It may be difficult to obtain confirmed information about the accident. Without knowledge of hard facts about the accident, the operator should focus on what does know. Statements can and should include things like: factual information about the truck, route and driver; specific actions taken by the corporation since it heard about the event; and support for the investigation.

However, information should not be released on how the investigation is structured, information in the maintenance records, key pieces of evidence, possible causes of the accident, the possibility of driver error, or any relationship between driver training and the accident.

Best practice for investigating bodiesThe NTSB is the main source of

information about progress and con-clusions of technical investigations into any transportation accident. The NTSB includes many experts recog-nized in their field and there is a lot of interest in their comments, especially in the follow-up from the accident. Statements from the NTSB may include: factual information about the accident, structure and timeline of the investigation, actions taken by the NTSB to date, statements of initial findings, and summary of key findings and any safety recommenda-tions, if any.

Best practice for using online and social media platforms

A. Social Media (Twitter, Facebook, YouTube)

The social media platforms used by a corporation will depend on which organizations need to be reached, the reason for doing so

and the most appropriate channel for engaging with them. Any online channel is potentially open to anyone. The conventional media monitoring program should include the monitoring of social media. Whether to engage with online social conversations should be made at a senior level. Once engaged on social media it is very difficult to withdraw. The “spokespeople” for your organization should be decided at an early stage. Spokespeople must have the appropriate training and be clear on the corporation’s communication policy. After an accident, any online postings should appear on all of the corporations social media channels.

B. Company Website This is primary communication

channel and will be one of the first places that journalists, customers and other audiences look to for information about an accident and how it might impact ongoing operations. It should be referred to in all press releases, statements and social media postings and it should be updated with information about the accident.

C. Third Party Websites Third parties (law firms or family

groups) may set up websites that are positioned to be official sources of information about an accident. They are usually set up to solicit business or may offer advice and information about the status of associated litigation. Depending on the severity of the accident, the corporation might want to consider registering any domain names which third parties may try to use so these websites are not confused with the corporations own website.

D. Facebook Facebook can be a good outlet

to engage with customers and employees as target audiences are likely to have their own Facebook page.

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E. YouTube Even if a corporation does not

have its own YouTube channel, it should consider posting a video of statements made by your CEO or by other senior executives after an accident. Comments should be monitored, and a decision has to be made on whether to respond to any negative or misleading statements.

F. Twitter This is a micro-blogging service

which has become a primary source for breaking news in fast-developing situations. The character limit does not allow for explanation or context but organizations that use Twitter to engage after an accident may be seen as more transparent.

G. Online Forums Numerous online forums may

discuss the event. If any specific forums are priority targets, it should be monitored to deal with any negative commentary. If the forum is joined for the purpose of engaging with the commentators the username should clearly identify the organization.

H. Web-Blogs Many organizations publish “blogs”

from their CEO or other members of the senior management team to demonstrate transparency with the intention of showing the human face of the organization. It can be an effective way to show a ‘caring’ side of the organization in the wake of an accident but it must be carefully worded so its authenticity is not questioned.

I. Employee Social Media Policy Everyone within an organization

is a potential spokesperson. Employees should be reminded after an accident that they should not engage in online discussions about the event.

Being preparedA company should have a crisis

plan developed in “peacetime”. If

the organization does not have full time communication professionals, it should be considered whether to source an external corporation to deal with the challenges that would be faced in a crisis.A. Creating a Crisis Communication

Plan Being prepared would include: a

company communication policy, description of functional roles and candidates to fill them, templates for initial “holding statements” that can be issued immediately after an accident, and contact lists for internal and external contacts.

B. Training your spokespeople Spokespeople need to be trained

in how to defend the organization as they will be under pressure from media sources to make statements about the accident.

C. Exercising the plan The crisis communication plan

should be reviewed and updated once every six months. At least once a year, an exercise should be conducted as a test. The proper time to prepare for an incident is before it happens. Time invested in preparing, training and exercising your communication plan is never wasted. Remember:

“Fail to prepare = prepare to fail”

MCFARLAND TRUCKING MOCK TRIAL

After the incident, McFarland Trucking, a small family owned trucking company in Texas failed to make their first “holding statement”. Instead, they sold their assets and lost many of their company records in the process. They “hunkered down to weather what they thought would be an ‘end of the world storm.’” Being strangers to litigation, they took some evasive measures which may not be looked upon favourably by the audience and these actions do not provide a good optic.

Mr. and Mrs. McFarland were

worried and upset by the accident and its repercussions. As a small family owned business, it may have been helpful to have an external company hired to step up in the event of a crisis to help them. An external corporation would have been able to guide the McFarlands through appropriate steps to take after the incident so that they are able to cope with the situation effectively under the circumstances. The McFarlands need to be made aware of social media and the role it can play in the aftermath of an incident and they need to be guided on how to use this appropriately. There may have been bystanders at the Chevron Service Station who were able to take videos and photos as the situation unfolded. These may pop up on the internet and in any news coverage.

The concern is that the actions that were taken in the aftermath of the accident do not acknowledge their involvement and in fact could be seen as ignoring the accident’s implications. Selling all of their assets may even been seen as an admission of guilt. As they have taken a back seat, they are also losing their opportunity to establish their credibility and control the developing news coverage.

The McFarlands should have issued a first “holding statement” and should have started communication with the National Transport Safety Board as soon as possible so that an investigation can start. They should be looking to make statements following the accident that focus on what they do know about the accident, such as the route that was being driven by Donald Simpson at the time and their ongoing support for the investigation that will be proceeding.

Statements should not include any speculation regarding possible causes of the accident, possible error on the part of Donald Simpson or the relationship between driver training and the accident.

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