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Challenging Plaintiff’s Use of Federal Regulations to Bolster Negligence Claims
Presented By: DRI's Trucking Law Committee
This “Lunch and Learn” webinar will provide an in-depth look at the Federal Motor Carrier Safety Regulations (“FMCSRs”) relating to driver qualification, hours of service, and equipment maintenance and will address how such regulations are used by plaintiffs to establish “safety rules” that bolster their negligence claims. Attendees will also learn about recent court decisions analyzing the extent to which an alleged violation of the FMCSRs by a motor carrier or driver can support a plaintiff’s negligence claims and will take away practical pointers on how to best combat a plaintiff’s use of such regulations.
Who Should Attend:
- Young attorneys and transportation specialists and practitioners who are new to trucking
- Practicing trial lawyers handling regulation-heavy trucking litigation
- Trucking industry representatives and claims adjusters seeking to enhance their knowledge regarding the FMCSRs and use of the FMCSRs by plaintiff’s lawyers.
What Will You Learn?:
- The FMCSRs often used by plaintiff’s counsel to establish “safety rules” used to support their reptile arguments
- Recent court decisions analyzing the extent to which a driver’s and/or motor carrier’s violation of FMCSRs supports a plaintiff’s negligence claims
- Practical pointers on how to best combat a plaintiff’s use of a driver’s and/or motor carrier’s violation of FMCSRs to support negligence claims.
Jennifer Wood, Sunset Transportation
Jennifer Wood is General Counsel and Director of Corporate Risk & Support for Sunset Transportation, managing corporate risk and compliance for Sunset Transportation. She is an attorney licensed in Missouri and Illinois with a background in trucking defense litigation. Her industry experience is complemented by her husband’s 17 years’ experience as a commercial truck driver.
Patrick E. Foppe, Lashly & Baer PC
Chris E. Cotter, Roetzel & Andress
Christopher E. Cotter helps his clients navigate and solve legal problems. He primarily defends injury and business claims and advises on regulatory and compliance issues. Mr. Cotter has the capability to address a wide array of claims and legal issues, including, but not limited to, complex commercial motor vehicle accidents, issues involving unmanned aircraft systems (drones), transportation contract drafting and review, insurance coverage disputes, employer intentional tort claims, and regulatory compliance under the Federal Motor Carrier Safety Regulations. In addition, Mr. Cotter serves on Roetzel's Emergency Response Team to immediately address issues that may arise as a result of catastrophic injury events, industrial accidents, fires, and other catastrophes.
