Open AccessPrecluding discovery of preventability determinations in trucking accidents
Author(s) -
Patrick E Foppe
Publication year - 2018
Publication title -
journal of transportation management
Language(s) - English
Resource type - Journals
ISSN - 1058-6199
DOI - 10.22237/jotm/1530446760
Subject(s) - lawsuit , plaintiff , discoverability , business , accident (philosophy) , law , medical emergency , forensic engineering , engineering , medicine , computer science , political science , philosophy , epistemology , human–computer interaction
The discoverability and admissibility of post-accident “preventability” determinations by trucking companies is often much disputed in truck accident cases. It is well known that Plaintiff’s attorneys will try to construe a trucking company’s classification of an accident as “preventable” as an admission of fault during the course of a lawsuit. However, statements made by the FMCSA provide significant support to a trucking company’s efforts to preclude discovery or admission of preventability determinations in a lawsuit. This articles explores these issues.