Wheels of Justice

Defending carriers against SafeStat

SafeStat (Motor Carrier Safety Status Measurement System) is an Internet- accessible program developed by the Volpe Center for the Federal Motor Carrier Safety Administration (FMCSA) to take current information about drivers, accidents, vehicles and safety en-forcement and produce a numerical number of a carrier’s relative safety performance. That number compares carriers and allows the DOT to target the less safe carriers to better protect the public.

I have been unable to locate any case law on the admissibility of SafeStat evidence, even as plaintiff attorneys attempt to offer more and more SafeStat evidence at the trial court level. The plaintiff attorney usually has an emotional theme to his presentation and tries to use the SafeStat to prove negligence by the company for bad acts or omissions. Remember the carrier has the deep pocket, not the individual driver.

In addition to using the DOT’s 2004 audit that discredits the accuracy of SafeStat, it is imperative for the defense attorney to discuss with the carrier their SafeStat profile to see how accurate it was at the time of the accident. Also important are the company policies and procedures for reporting, correcting and responding to SafeStat reports.

After discovery, motions to exclude the SafeStat can come from the federal rules of evidence. Rule 401 says “relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence, and Rule 402 requires that irrelevant evidence not be admissible since it may prejudice the jury. Rule 403 excludes relevant evidence if its probative value is outweighed by the danger of unfair prejudice or confusion or even a waste of time for the court. Rule 404 prohibits the introduction of evidence of other crimes or acts to show a particular action was taken in this case. And Rule 406 allows evidence of the routine practice of a person or organization if the plaintiff can show regularity over substantially all occasions with all other parties with which the carrier does business.

Incorrect, false and misleading information provided by a government agency such as DOT’s SafeStat may really cost a carrier and a driver in a courtroom. Make sure you are not the company that gets hit with a huge settlement because the jury was allowed to hear incorrect, false and misleading information. Make sure you have an attorney well versed in transportation law to protect your interests.

Jim C. Klepper is president of Interstate Trucker Ltd., an organization that provides legal defense protection to commercial drivers. Jim is a lawyer who focuses on transportation law and the trucking industry in particular. He works to answer your legal questions about trucking, and he holds his Commercial Drivers License.

Jim C. Klepper

Attorney at Law

Interstate Trucker

(800) 333-DRIVE

www.interstatetrucker.com

www.driverslegalplan.com