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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Thursday, April 13, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

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.

Faculty

G. Clark Monroe
Member
DunbarMonroe, PLLC

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.

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Matthew E. Rutherford
Attorney
DunbarMonroe, PLLC

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.

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Description

The CDL manual has been weaponized in trucking litigation. Plaintiff's counsel frequently posits that the manual carries the force of law, and that violation of the manual's tenants amounts to illegal acts. Since it is permissible to question the driver about familiarity with the CDL, plaintiff's counsel can often illicit damaging testimony from the defendant driver or company, leading to nuclear verdicts with their CDL manual weapon of mass destruction.

To avoid an excess judgment or unnecessary exposure, defense counsel must anticipate, prepare for, and challenge potentially adverse testimony about the CDL manual. Defense counsel should also educate the court and jury about the appropriate place of the CDL in driver education and about its limits to address all driving situations.

Listen as this experienced panel of trucking defense attorneys shows how to keep the plaintiff from making the CDL manual the centerpiece of its case and what to do if the CDL manual is over-emphasized.

Outline

  1. Background of the CDL manual
  2. Legal status of the CDL vs. regulations and statutes
  3. Handling an improper cause of action based on the CDL manual
  4. Admissibility
  5. Taking and defending depositions about CDL manual
  6. Problem topics

Benefits

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?