If They Aren’t Cheating – They’re Not Trying: Some Members of the Plaintiff Bar and Their Experts Have Been Pointing to the CDL Manual as an Authoritative Standard of Care, Despite Conflicting-and Even Contrary-State Law
This article analyzes cases throughout the country where plaintiff’s attorneys have attempted to create or change the standard of care by the use of manuals designed for use by commercial drivers to prepare for their knowledge and skills testing. With increasing frequency, plaintiff’s experts have been testifying that such manuals establish or represent the industry standard. As explained in the article, the key questions of whether CDL manuals should be admitted into evidence, or even referenced at trial, are answered differently by state and federal judges around the country.
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