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.
Foppe, Patrick E. (2018). Precluding discovery of preventability determinations in trucking accidents. Journal of Transportation Management, 29(1), 49-52. doi: 10.22237/jotm/1530446760