About the Course
Introduction
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 procedures are responsible for the fatigue, and how the evidence in these types of cases is affected by the implementation of electronic logging devices (ELDs) and other digital evidence.
Description
Proving (or disputing) driver fatigue in a trucking case is complex and requires expert analysis. Since ELDs became mandated, all motor carriers and drivers are required to keep records of duty service under the Federal Motor Carrier Safety Administration's hours-of-service regulations. Plaintiffs and Defendants 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 and scheduling practices, pay incentives, or poor ELD oversight are almost always on trial, as well as whether anyone attempted to cover them up.
While expert analysis of digital evidence may prove that a driver was fatigued at the time of the collision, expert analysis must also prove that fatigue was a cause the crash 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.
Presented By
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Dr. Grugle is a human factors expert who specializes in cases involving human performance and behavior, particularly in motor vehicle collisions. Her areas of specialization include fatigue, sleep deprivation, and drowsy driving, as well as distracted driving, looming, visibility/conspicuity, and driver actions. Dr. Grugle has conducted hundreds of forensic investigations on cases involving these issues as well as cases involving roadway design (expectancy and positive guidance), and driver assistance technologies (forward collision warning, lane departure warning). Dr. Grugle is a Board-Certified Human Factors Professional (CHFP) with over 20 years of academic, research, industry, and forensic experience in human factors engineering. She was awarded competitive human factors research grants from the National Science Foundation, the Ohio Department of Transportation, and the Cleveland State University Transportation Center and her research has been published in national and international peer-reviewed journals. Dr. Grugle conducts investigations for both plaintiff and defense counsel and has testified in both state and federal courts.
Mr. Smartnick's practice is predominantly devoted to transportation industry clients, with an emphasis on commercial carriers and operators facing catastrophic loss claims. He is a key member of the firm’s Rapid Response Team, responsible for providing immediate on-site investigation and counsel after a trucking incident and working in tandem with third parties to preserve evidence. Beyond the transportation industry, Mr. Smartnick defends aviation maintenance facilities, municipal entities, and public sector employees in civil litigation matters across jurisdictions in Michigan and Ohio.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, September 22, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: cause and effect of sleep debt
II. Establishing how the crash occurred
III. Defining fatigue
A. Evidence of driver fatigue in a specific driver
B. Circumstantial evidence
C. Forensic evidence
D. Reconstructing the sleep/wake history of a driver
IV. Establishing impact of company practices and procedures
V. Causation analysis: demonstrating a properly rested driver would have avoided or mitigated the crash
VI. Alternative causation issues
VII. Identifying and working with experts: plaintiff and defense
VIII. Defenses
The panel will review these and other important topics:
- How is driver fatigue defined or measured, generally and by individual driver?
- How does counsel get the electronic data from all relevant sources?
- What is a driver fatigue management policy?
