truck accidents: left turn cases
DESCRIPTION
Information for lawyers in truck accident cases. Joe Fried of Fried Rogers Goldberg in Atlanta, Georgia offers insights on left-turn cases.TRANSCRIPT
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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
• 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)
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
• 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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
• 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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
• 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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
• 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
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
Commercial Vehicle Preventable Accident Manual
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
Commercial Vehicle Preventable Accident Manual
Commercial Vehicle Preventable Accident Manual
Commercial Vehicle Preventable Accident Manual
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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How to Win Trucking Cases:
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
How to Win Trucking Cases:
FRIED ROGERS GOLDBERG LLC www.thetruckingaNorneys.com
How to Win Trucking Cases:
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