Defending Trucking Cases: De-Weaponizing the CDL Manual and Challenging Adverse Testimony
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss how defense counsel can prevent the plaintiff from using the Commercial Drivers' License (CDL) manual to turn an accident into a case of "professional driver" malpractice with inflated damages. The program will discuss how to recognize the potential pitfalls surrounding the CDL manual and minimize--if not eliminate--the plaintiff's attempts to over-emphasize its importance through the use of strategic decisions from the onset of the case.
- Background of the CDL manual
- Legal status of the CDL vs. regulations and statutes
- Handling an improper cause of action based on the CDL manual
- Taking and defending depositions about CDL manual
- Problem topics
The panel will review these and other pivotal issues:
- Does the CDL constitute a national minimum standard for driver qualifications? Does the CDL create a heightened standard of care?
- What potential problems are created by the CDL manual?
- What should you look for in retaining a defense expert on the CDL manual?
- What questions should you ask a plaintiff's expert to set up a potential Daubert-type motion?
- What policies should motor carriers consider instituting in light of the CDL manual's language?
G. Clark Monroe, II
Mr. Monroe’s transportation law practice includes truck accident defense, cargo and freight claims, coverage... | Read More
Mr. Monroe’s transportation law practice includes truck accident defense, cargo and freight claims, coverage opinions specific to transportation policies, and contract negotiation. He also practices in the area of general insurance defense including premises liability, personal injury, professional errors and omissions, insurance agent E&O defense, and the defense of Tort Claims Act and civil rights claims against county and municipal officials. Mr. Monroe also represents insurance companies in coverage actions including insurance coverage litigation and bad faith. His practice also includes commercial litigation, telecommunications, and general corporate.Close
Matthew E. (Matt) Rutherford, Jr.
Mr. Rutherford is an AV-rated insurance defense attorney, focusing on transportation, premises liability, UM/UIM,... | Read More
Mr. Rutherford is an AV-rated insurance defense attorney, focusing on transportation, premises liability, UM/UIM, insurance coverage, and general insurance defense. He is admitted to practice before all state courts in Mississippi, the United States District Courts for the Northern and Southern Districts of Mississippi, and the United States Court of Appeals for the Fifth Circuit.Close