Commercial Motor Vehicle Cases: Establishing the Standard of Care and Its Violation

Using Driving Licensure Requirements, Regulations, Industry and Internal Best Practices to Establish Breach of Duty

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, July 7, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 18, 2021

or call 1-800-926-7926

This CLE webinar will review commercial driver license (CDL) requirements and other crucial regulations and standards that govern the operation of commercial motor vehicles (CMVs) and their drivers. The panel will discuss when compliance with these rules is required or voluntary and whether evidence of noncompliance may be prejudicial. The panel will review how to make the most of or minimize driver licensing rules, commercial driver manuals, commercial safety scores, internal operating procedures, and federal and state safety regulations.

Description

Motor carrier accident cases often involve catastrophic injuries and high damages claims. Knowledge of the Federal Motor Carrier Safety Regulations (FMCSR), industry standards, jurisdiction-specific fault allocation, and the role of insurance is of paramount importance to both plaintiffs and defendants.

The FMCSR specifies testing and licensing requirements for drivers, stipulating that each state test all individuals who apply for a CDL. The regulations also require truck drivers to possess "the knowledge and skills necessary to operate a CMV safely," knowledge of 20 specific areas, plus demonstrate seven basic motor vehicle skills. Plaintiffs and defendants sharply disagree on whether these rules make drivers "professionals" and whether drivers have a heightened standard of care due to the larger size and weight of CMVs.

Another hotly contested battle is the relevancy, admissibility, and prejudice of a defendant company's internal operations manuals and safety systems. These may outline additional training requirements that a driver did not meet but are not mandated by state or federal law.

Listen as this experienced panel reviews CDL requirements and other crucial regulations and standards that govern CMV operation and their drivers and how to introduce, exclude, or limit evidence of compliance.

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Outline

  1. Overview of federal trucking safety regulations
  2. Commercial driver license requirements
  3. Internal operating procedures and manuals
  4. Recordkeeping
  5. CSA data
  6. Admissibility of "preventable" designation
  7. Discovery considerations

Benefits

The panel will review these and other key issues:

  • What are the rules that govern CMV safety?
  • What is an industry "standard"?
  • Are commercial drivers "professionals"?
  • What are the potential implications of Federal Motor Carrier Safety Administration data describing carriers and drivers?
  • How is liability assigned between multiple defendants?

Faculty

Aronow, Craig
Craig M. Aronow

Co-Founder and Partner
Rebenack Aronow & Mascolo

Mr. Aronow specializes in personal injury litigation.

 |  Read More
Mohs, Brian
Brian T. Mohs

Partner
Fried Goldberg

Mr. Mohs represents individuals who have been injured in motor vehicle accidents involving trucks and motor...  |  Read More

Attend on July 7

Early Discount (through 06/18/21)

Cannot Attend July 7?

Early Discount (through 06/18/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

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