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

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Wednesday, July 7, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course 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 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, and jurisdiction-specific fault allocation are of paramount importance.

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.

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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

RAM Law co-founder and partner Craig Aronow has a passion in fighting for his clients who have been injured and hurt...  |  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

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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

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