Trucking Crashes Caused by Driver Fatigue: Replacing Circumstantial Evidence With Forensic and Expert Analysis

This CLE webinar will discuss trucking cases alleging that driver fatigue caused or contributed to a commercial motor vehicle crash, that the company's practices and culture are responsible for the fatigue, and how the evidence in these types of cases has metamorphosed since the implementation of electronic logging devices (ELDs).

Proving (or disputing) driver fatigue in a trucking case has become far more complex and expert-dependent since ELDs became mandated for all motor carriers and drivers were required to keep records of duty service under the Federal Motor Carrier Safety Administration's hours-of-service regulations. Instead of depending on circumstantial evidence of impaired performance, loss of attentiveness, slower reaction times, impaired judgment, and increased probability of falling asleep at the wheel, plaintiffs and defendants now focus on forensic analysis of data from ELDs, GPS, vehicle telematics, distraction detection technologies (FDDTs), in-cab cameras, Qualcomm/Omnitracs messaging, ECM or "black box" data, cell phone location records, dispatch communications, and all manner of other electronic data sources. Counsel in these cases must understand what and where this new evidence is, how to obtain it, who can introduce it, and the privacy interests in it. 

But digital devices can be tampered with and digital records can be falsified. All the electronic data now must be cross-checked. Driver fatigue cases now involve litigating regarding ELD editing, unassigned driving time, ghost-driver schemes, multiple logins, device tampering, non-certified ELD usage, and more. A company's dispatch practices, pay incentives, or poor ELD oversight are almost always on trial, as well as whether anyone attempted to cover them up. 

Proving some level of driver fatigue is not enough, however. Plaintiffs must also prove that the fatigue caused the crash and the injuries by showing that a non-fatigued driver would have reacted differently. Key causation experts include accident reconstructionists, sleep experts, and human factors experts. Drivers and companies in multi-vehicle accidents may have significant contributory negligence or other defenses. 

Listen as our experienced panel discusses how fatigue cases have dramatically changed since ELDs became mandatory and offers practical guidance for arguing fatigue cases.