Approved on April 21, 2018, the Truck Accident Certification Examination was designed to verify the applicant's basic knowledge of the usual legal procedure, core substantive law and litigation skills necessary to specialists in the area of Truck Accident Law.
To become certified as a specialist in truck accident law, the attorney must pass a 6-hour exam based on hypothetical cases and fact patterns that contain a series of questions that require knowledge of Evidence, Ethics and Truck Accident Law.
The questions on the examination are geared to evaluate basic knowledge of the usual legal procedures, core substantive law and trial ability that is common to specialists in the area of Truck Accident Law. The attorney that applies to become board certified in truck accident law must demonstrate the ability to identify the issues, as well as understand and properly apply the unique legal, regulatory and industry standards to factual situations.
The examination covers questions about the Federal Motor Carrier Safety Regulations (Subchapter B, Chapter III, Subtitle B of the Code of Federal Regulations TITLE 49-Transportation), CDL Manual, Training Manuals and Related Cases.
To pass the examination, the attorney must be familiar with the theories of liability in truck accident cases including:
- Distracted driving and fatigue management;
- Direct negligence and vicarious fault admission;
- Lease and independent contract issues;
- Graves amendment;
- Statutory liability;
- Broker and shipper liability: direct negligence and agency;
- Recognizing product liability issues;
- Recognizing construction zone claims and the MUTCD;
- Intermodal carrier liability;
- Loading and unloading negligence;
- Visibility and conspicuity;
- Negligent maintenance;
- Negligent hiring, supervision, retention, and training;
- Sudden emergency; and
- Other driver negligence issues including adverse weather conditions, transporting hazardous cargo, bad brakes.
