Precluding discovery of preventability determinations in trucking accidents

Abstract

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.