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

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.

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.