Defending Trucking Cases: Preventing Misuse and Mischaracterization of the CDL Manual

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, May 20, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will discuss how defense counsel can prevent the plaintiff from using the Commercial Drivers' License (CDL) manual to turn an accident into a case of "professional driver" malpractice with inflated damages. The program will discuss how to recognize the potential pitfalls surrounding the CDL manual and minimize--if not eliminate--the plaintiff's attempts to overemphasize its importance through the use of strategic decisions from the onset of the case.
Faculty

Mr. Foley practices in Reminger Co. LPA's Columbus Office and serves as co-chair of the firm's Trucking and Commercial Transportation practice group. He joined Reminger after serving as a staff attorney to Ohio Supreme Court Justice Herbert Brown. Mr. Foley's practice focuses on trucking liability, premises liability, real estate, construction and general insurance.
Mr. Foley frequently lectures to insurance carriers and companies regarding litigation, trial preparation and the management of catastrophic losses. He is on Reminger's catastrophic response team which provides immediate response to clients in the transportation and manufacturing industry.


Mr. Jurca is a partner in the firm of Jurca & Lashuk, LLC in Columbus. His practice is focused primarily on trucking and transportation, including the investigation, mediation and litigation of catastrophic loss claims. For over 30 years, Mr. Jurca has successfully tried cases to verdict in Federal and State courts throughout Ohio. He received his undergraduate degree from Kenyon College and attended law school at The Ohio State University. Mr. Jurca is admitted to all State and Federal Courts in Ohio, and is a member of the Columbus Bar Association, Ohio State Bar Association, Defense Research Institute, Ohio Association of Civil Trial Attorneys, the Trucking Industry Defense Association, the International Association of Defense Counsel, the Federation of Defense and Corporate Counsel, the Professional Liability Defense Association, the National Retail and Restaurant Defense Association, the American Board of Trial Advocates, and the Transportation Lawyers Association.

Description
The CDL manual has been hijacked in trucking litigation by plaintiff's counsel who frequently posit that the manual carries the force of law and that violation of the manual's tenants amounts to illegal acts. Since it is permissible to question the driver about familiarity with the CDL, plaintiff's counsel can often illicit damaging testimony from the defendant driver or company, leading to nuclear verdicts with their CDL manual weapon of mass destruction.
To avoid an excess judgment or unnecessary exposure, defense counsel must anticipate, prepare for, and challenge potentially adverse testimony about the CDL manual. Defense counsel should also educate the court and jury about the appropriate place of the CDL in driver education and about its limits to address all driving situations.
Listen as this experienced panel of trucking defense attorneys shows how to keep the plaintiff from making the CDL manual the centerpiece of its case and what to do if the CDL manual is overemphasized.
Outline
- Background of the CDL manual
- Legal status of the CDL vs. regulations and statutes
- Challenging improper use of CDL manual
- Going on the offensive
Benefits
The panel will review these and other pivotal issues:
- Does the CDL constitute a national minimum standard for driver qualifications? Does the CDL create a heightened standard of care?
- What potential problems are created by the CDL manual?
- What should you look for in retaining a defense expert on the CDL manual?
- What questions should you ask a plaintiff's expert to set up a potential Daubert-type motion?
- What policies should motor carriers consider instituting in light of the CDL manual's language?
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