 On August 3, 2009 I had the opportunity to speak with Steve Gursten, Partner of Michigan Auto Law (www.michiganautolaw.com), the largest law firm practicing exclusively in car accident, truck accident and motorcycle accident cases. Michigan Auto Law represents those injured in car, truck and motorcycle accidents.
The intent of the conversation was to get a lawyers perspective on the new mandate (CSA 2010) and the effects this will bring to litigation within the trucking industry. First and foremost, Mr. Gursten was adamant in his hope that CSA 2010 would succeed in the attempt to reduce truck and bus crashes and help to make our highways safer for everyone.
Q: Which of the CSA 2010 BASIC behaviors do you feel will have the most impact in litigation involving a truck related accident?
A: I believe Unsafe Driving, Driver Fatigue and Driver fitness will be the key areas law firms would look at in a court case. Driver violations of these three basics are most likely to cause crashes and fatalities. Driver Fatigue, which includes hours of service violations, will be a key player, since attorneys will look for patterns of that behavior. So a driver that has demonstrated a pattern of HOS violations will likely be viewed as a driver with fatigue related problems. Driver Fitness will also come into play. Sleep apnea (cause of daytime fatigue) which is often associated with obesity is a known issue with many truck drivers, as are problems with diabetes and high blood pressure. Obviously, unsafe driving (speeding, improper lane changes, tailgating etc.) is always a major factor in crashes.
Q: Are you concerned where many of these unsafe drivers will go?
A: Absolutely. Many of these unsafe drivers will eventually end up in states that limit or prohibit verdicts for punitive damages. Drivers and trucking companies will feel they are less likely to be hit with costly legal settlements in these states. My fear is that without substantial enforcement many unsafe drivers and companies will continue to operate.
Q: Will the new system provide you with additional information that will be helpful with your cases?
A: Yes, although the question of the accuracy of the information remains. CSA 2010 will help me more than it hurts me.
Q: What will be a key factor in minimizing driver violations, accidents, and incidents?
A: Effective driver safety training would certainly be a key factor in minimizing driver violations, accidents and incidents. More importantly, documented records of training by a third party would definitely be impactful in the courtroom in reducing punitive damages.
Q: What has been your experience?
A: For a small company, one death case could easily consume 25% or more of that company’s entire budget. We are seeing a trend today to utilize 3rd party record keeping for safety training and testing. |