Truck Accidents: Left Turn Cases

What are we going to cover?

•  Big picture •  Defensive Driving and Safe Driving Rules •  Adjunct issues (night, weather, load) •  Accident Reconstruc?on Issues •  Approach to Driver Depo/Examina?on •  Approach to Safety Director Depo/Examina?on •  Approach to Accident Inves?gator/Reconstruc?onist

–  Direct and Cross Deposi?on •  What about compara?ve fault?

FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com

Big Picture – Kind of LeR Turn Cases

•  Intersec?on

•  Driveway/Street Pull Out or In


•  Rules of the Road •  Society is rules-‐based •  The more conserva?ve, the more rules based

•  Jurors want to know what rules apply to case •  Easier for jurors to find against a rules breaker •  Also think Breach of Contract

•  Rules should be: – Easy for jurors to understand – Hard to credibly refute – Violated by defendant –  Important enough to be significant

–  JOE’s Rules •  Preferably comes from source other than ME

•  Not Nitpicky (If you nitpick, you lose) •  Fair (if not fair, jurors will excuse viola?on)


•  Carrier contracts w/Govt to be allowed to operate – Agrees to follow the FMCSR and State Regs

•  Carrier requires driver to sign onto above contract •  Driver “contracts” to follow FMCSR/law to get CDL

•  Driver “contracts” to follow policies of carrier •  Policy manual as contract •  Employee manual as contract

•  Training manuals as contracts •  You get the point


Where to Find Rules?

•  State Statutes and Cases •  Federal and State Regula?ons •  Jury Charges

– A statement of law read to jury – Creates the language of a case – Liability, causa?on and damages

– Policy Manuals – Schneider, UPS

–  JJ Keller Training Videos, Books, Pamphlets FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com

Focus Today


•  Driver – What are the rules –  Did he or she do it right – What excuses are they pu`ng forward –  How can I use rules to nail liability, make case bigger than crash, add to my credibility, detract from their credibility, negate compara?ve fault, etc


•  Company – What are their rules –  Did they do it right –  How is this case about COMPANY failing to follow rules – What should they (we) be able to expect from them/driver?

– What excuses are they pu`ng forward –  How can I use rules to nail liability, make case bigger than crash, add to my credibility, detract from their credibility, negate compara?ve fault, etc


CDL – A LiNle Background

•  Each State Publishes – 95+% content mandated FHA •  Purpose is to set out what State expects from CDL driver – Trucking 101

•  Its not me saying it – by govt for industry •  TIP – Get CDL Manual for:

–  State where Driver resides –  State where collision occurs –  State where Defendant Company resides


GA CDL REVIEW

INTRO TO SECTION 2

GA CDL REVIEW – SECTION 2 DRIVING SAFELY

•  Vehicle Inspec?on •  Basic Control of Vehicle •  ShiRing Gears •  Seeing •  Communica?ng •  Space Management •  Seeing Hazards •  Distracted Driving •  Aggressive Driving •  Night Driving •  Winter Driving

•  Railroad Crossings •  Mountain Driving •  Driving Emergencies •  An?lock Braking Systems •  Skid Control and Recovery •  Accident Procedures •  Fires •  Alcohol, Drugs, & Driving •  Staying Alert & Fit to Drive •  Hazardous Materials Rules


•  Idea is to use CDL manual to iden?fy rule(s) violated in case

•  Does Driver agree w/Rule? •  Does Safety Director agree? •  Does Defense expert agree? •  Strategically decide

– Whether to show rule – When to show rule

•  Depo – early late •  Wait for trial?

•  Ask Ques?ons to establish: •  Iden?fy the concept as a rule •  That it is a basic rule that all drivers/companies are supposed to know and abide

•  That driver/company knew this was the rule •  Had to know for CDL test •  Rule wriNen for drivers, not lawsuits •  Fair for jury to hold them to the rule •  RULE VIOLATED ! (knowingly, willfully, inten?onally)

DRIVERS ARE TRAINED TO KNOW IT TAKES OTHER DRIVERS TIME TO PERCEIVE AND REACT – USE IT

Managing Space

Distracted Driving

o  Show all the things they have to do to get a license o  Show all they have to do daily before they can drive

o  INSPECTIONS o  Show that they have to know how to do things like

check the adjustment of brakes, etc., that most people do not need to know

o  Distinguish them from regular non-CDL drivers to show that it is fair to hold them to a higher standard

o  CDL DRIVER = PILOT


Commercial Vehicle Preventable Accident Manual






CMV Preventable Accident Manual

Professional Driver: •  You consider yourself to be a professional •  Professional because you earn living on the road

–  It is a great privilege to be allowed to earn living on road –  With great privilege, Yoda said comes great responsibility

•  Professional because lot more training than US –  Special driving school –  Know how to do all sorts of things (brkes, axles, INSPECTION, etc) –  Special tests

•  YOU hold self to professional standard (higher?) •  FAIR for your ER to hold you up as a professional? •  Fair for US to hild you to professional standard?

Part of being professional is being courteous •  Not being a bully in how you drive •  Not parking anywhere you want to •  Not tailga?ng •  Not driving aggressively •  Not trying to beat lights •  ATTITUDE •  Insert what you need from case

•  Being a defensive driver means never star?ng a leR turn unless you KNOW that you can complete that turn without other vehicle ever reaching you –  INSERT CDL MANUAL AND OTHER INDUSTRY MATERIAL

– Without any other vehicle having to brake or take other evasive ac?on

–  If you cant be certain, you cant turn –  You cant hold your breath and turn –  You cant expect other drivers to see you – misnomer

–  You cant expect other vehicles to avoid you

RULES – LEFT TURN -‐ DRIVER •  CMV Driver must consider op?ons

– Op?on to go to controlled leR turn – Op?on to make three right turns

•  Never acceptable for CMV driver to start turn unless can CLEAR all lanes without – Other vehicles reaching them – Other vehicles having to brake or take other evasive ac?on

•  If CMV driver is not SURE, cant go. BeNer safe than sorry.

RULES – LEFT TURN -‐ COMPANY •  CMV Driver must consider op?ons

– Op?on to go to controlled leR turn – Op?on to make three right turns

•  Never acceptable for CMV driver to start turn unless can CLEAR all lanes without – Other vehicles reaching them – Other vehicles having to brake or take other evasive ac?on

•  If CMV driver is not SURE, cant go. BeNer safe than sorry.

•  TRAINING – WHAT IS YOUR DUTY?

Negate Compara?ve Fault • ShiR focus from what the Plain?ff did

• Expect the unexpected • Means driving expecting to encounter __________"• (ice, drunks, young drivers, old drivers, careless drivers, bad drivers, aggressive drivers, Whatever you have in your case)"• YOU DO NOT ACCEPT RESPONSIBILITY"

•  LeR Turn Cases are ALWAYS ?me distance cases •  Lets discuss how to evaluate ?me distance

•  How to address these issues with police and experts and jury

How to Win Trucking Cases:








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Truck Accidents: Left Turn Cases