In legal cases involving truck incidents or disputes, the role of a truck accident expert can be pivotal. These professionals possess specialized knowledge and experience in the trucking industry, enabling them to provide critical insights and testimony that can influence the outcome of a legal case.
Whether the issue involves a crash and applicable regulatory compliance, standards of care, best practices, or motor carrier and/or employee driver fitness procedures, these professionals help attorneys, courts and juries understand the complex technical aspects of the industry. The following article discusses more about this unique profession, their qualifications, and their role in legal proceedings.
Understanding this Important Role
Accident experts bring a wealth of experience to the trucking industry, offering deep insights into standards of care and FMCSA Regulations (FMCSR). Their expertise spans critical areas such as distinguishing safe versus unsafe driving practices, fleet management, motor carrier fitness, regulatory compliance (FMCSR and/or Federal Regulations), safety standards of care, industry best practices, and accident investigations.
This includes federally trained MCSAP personnel conducting Level 1 Post-Crash Inspections (e.g., TAIE personnel) to ensure NASI compliance. Their primary role is to provide informed, unbiased opinions that help non-trucking and non-regulatory professionals better understand the complexities of contributing factors or causation, where applicable. In crash litigation, the expert is often called to provide testimony and expert opinions to help clarify these complex matters.
Types of Cases
An expert in trucking is frequently sought after for their specialized knowledge in a wide range of crash and incident litigation, including:
Accident Litigation: In cases where a CMV crash has occurred, an industry expert can analyze the factors leading to the collision. This might involve examining the truck’s maintenance records, mechanical aspects such as foundation airbrakes, motor carrier or driver fitness, the driver’s ELD, Dashcam footage, ECM (Blackbox) download, or the conditions of the road in combination with the review of discovery. Their insights can help determine both liability and causation of the crash.
Regulatory Compliance Disputes: The trucking industry is heavily regulated by federal and state laws. Disputes may arise over whether a company or driver complied with regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA) or the Department of Transportation (DOT). Industry consultants can provide clarity on these regulations and evaluate whether the established standards have been met. If the Federal Regulations were followed, it could serve as evidence to exonerate the motor carrier. Conversely, if the FedRegs were not adhered to and non-compliance contributed to the crash or incident, these issues must also be thoroughly examined and addressed in the expert’s analysis.
Operational and Safety Standards: In cases involving operational disputes or allegations of negligence, an expert can evaluate whether a trucking company adhered to industry best practices and safety protocols. They can also provide an analysis of whether a company’s hiring, training, and supervision policies and practices met the required regulatory standards, in addition to qualification requirements of both a motor carrier and/or a professional CMV driver.
Loading and Off-Loading Incidents: In the practice of TAIE, litigation cases frequently involve CMV crashes, as well as incidents related to load securement, loading and off-loading procedures, and failures, including those connected to loading dock operations and forklift (PIT) mishaps.
Qualifications
To be considered an expert, an individual must possess significant knowledge and experience in the industry. Qualifications can vary but typically include:
Professional Experience: Many industry professionals have decades of experience in the industry, often in roles such as truck drivers in the beginning of their career as a beginning basis of experience. Additional qualifications may include seasoned Safety Directors, experienced Motor Carriage operators, professionals with FMCSA-MCSAP enforcement training, and skilled truck crash responders. This practical experience provides them with an in-depth understanding of the day-to-day operations and challenges faced by the industry.
Educational Background: Some experts may have formal education in fields related to transportation, logistics, or safety management. Certifications such as the Certified Safety Professional (CSP) or Certified Director of Safety (CDS), FMCSA-MCSAP enforcement trained, IPTM Commercial Vehicle Crash trained, NATMI Supervisor/Director of Safety trained, in addition to many other qualifiers, can also be indicative of specialized knowledge. However, the FMCSA-MCSAP Level 1 Enforcement training is arguably the gold standard.
Knowledge of Regulations: A thorough and intimate understanding of the federal and state regulations governing the trucking industry is essential. This includes knowledge of FMCSA regulations in general and the reputable industry standards of care such as, but not limited to the AAMVA CDL Manual.
Accident Investigation Experience: Nationally, there are a limited number of experts that are effectively and thoroughly trained in accident investigation techniques, especially when considering an FMCSA-MCSAP Level 1 Post-Crash Inspection capable and competent. Then to effectively take the Level 1 Post-Crash Inspection results and consider the evidence in discovery to assess contributing factors and/or causation, if applicable.
Their Role in Legal Proceedings
Trucking industry witnesses can play several key roles throughout the litigation, from initial case evaluation, educating of retaining counsel as to truck related concerns regarding the FedRegs, to deposition and courtroom testimony.
Case Evaluation and Analysis
Before retaining counsel on the matter, the expert witness can provide an initial evaluation to determine whether there are valid grounds for a claim in the initial case interviewing process. After agreed retention, the expert can review discovery, such as accident reports, maintenance logs, ELDs, and DQ-Files to identify potential violations of industry standards or regulations; additionally making the case as to if the driver was or was not negligently hired or retained.
Expert Reports
After analyzing the case discovery and crash/incident inspection findings, the expert will often prepare a written report outlining their findings. The report will present their opinions on the case with a reasonable degree of professional probability and certainty, supported by evidence from discovery, industry standards of care, and Federal Regulations. These reports are crucial for pre-trial mediations and can significantly impact the direction of a case, especially before the trier of the facts, the jury.
Deposition and Testimony
During the discovery phase, the witness may be deposed by attorneys from both sides. They will be asked to explain their findings, methods, and opinions in detail. If the case goes to trial, he or she will provide testimony, helping the judge and jury understand technical aspects of the case, such as the mechanics of the accident and the implications of federal violations.
Rebuttal Witness
In some cases, highly qualified trucking expert witnesses may be called as a rebuttal witness to counter the testimony of an opposing expert. They will evaluate the opposing expert’s findings and provide an analysis to highlight any flaws, inconsistencies and/or a simple improper understanding of the applicable FMCSRs or standards of care.
The Impact on Case Outcomes
The testimony of an incident expert can significantly influence the outcome of a case. Their ability to clarify complex issues and provide credible, unbiased opinions helps ensure that the facts are accurately presented. For plaintiffs, they can help establish negligence or liability. For defendants, they can refute unfounded claims and demonstrate compliance with industry standards.
Conclusion
Trucking professionals are invaluable assets in legal cases involving accidents. Their specialized knowledge and experience provide crucial insights that help courts and juries make informed decisions. Whether the issue involves accident contribution, causation, FedReg compliance, or safety practices, these experts play a vital role in aiding that justice is served based on a thorough understanding of the complex world of trucking operations.
