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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Personal Injury and Med Mal
- event Date
Wednesday, July 7, 2021
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Mr. Mohs represents individuals who have been injured in motor vehicle accidents involving trucks and motor carriers. He has civil litigation experience in the areas of motor carrier and transportation liability, motor vehicle accidents, products liability, premises liability and insurance coverage. His prior experience includes defending truck drivers and trucking companies, serving as National Products Counsel for the world’s largest manufacturer of home appliances, and he representing MARTA, as well as numerous individuals and insurance companies, in a variety of matters including cases involving automobile andbus accidents, premises liability and insurance coverage.

RAM Law co-founder and partner Craig Aronow has a passion in fighting for his clients who have been injured and hurt through no fault of their own. He works tirelessly to obtain compensation on the clients’ behalf to ease their pain and suffering, lost wages, and often catastrophic medical expenses. Mr. Aronow's cases involve tractor trailers and other commercial motor vehicles, products liability, professional liability, premises liability and other matters.
Once on a case, he is his clients’ best advocate for successfully working through the litigation process in New Jersey. It is in the courtroom that Mr. Aronow’s unique skills and talents become clear. With nearly two decades of courtroom experience of fighting for his clients, he never forgets that he is working to improve his clients’ lives, many of whom have become like family. Clients have a voice and it is Mr. Aronow’s job to make sure it is heard. That is why he fights for his clients every day.
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.
Outline
- Overview of federal trucking safety regulations
- Commercial driver license requirements
- Internal operating procedures and manuals
- Recordkeeping
- CSA data
- Admissibility of "preventable" designation
- 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?
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