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Re-Visiting the Discovery and Admissability of Preventability Determination and Post-Accident Investigations


Brian D. Carr and Brianna L. Christiano were recently published in the Trucking Industry Defense Association (TIDA) 2016 Winter Newsletter.  Their article “Re-Visiting the Discovery and Admissibility of Preventability Determinations and Post-Accident Investigations” analyses the standards set for preventability determinations, the definition and interpretation of preventability determinations by The National Safety Council and the Federal Motor Carrier Safety Administration, and how the definition of “preventable accident” compares to the negligence standard often implicated in subsequent trucking litigation.  Additionally, they address recent legal developments emphasizing the distinctions between discoverability and admissibility of post-accident investigations.

Brian D. Carr is a Director and litigator at Carter Conboy. Mr. Carr concentrates his practice in the defense of litigation claims, primarily involving the defense of transportation, construction and labor law, product liability, professional malpractice, premises liability, and personal injury liability claims. He regularly protects the interests of small and large trucking and transportation industry clients in the federal and state courts of New York, as well as in arbitrations, administrative hearings, and before state and federal agencies. He is also an Aircraft Owners and Pilots Association Panel Attorney providing representation and consultation in various aviation related matters.  Mr. Carr is a Martindale-Hubbell AV® Preeminent rated attorney and the current President of the Defense Research Institute (DRI) of Northeastern New York.  In addition his law degree, he holds a master’s degree in business administration and is a licensed commercial pilot with instrument and multi-engine ratings. He can be reached at (518) 465.3484 or

Brienna L. Christiano is an associate attorney at Carter Conboy representing individuals, businesses, community organizations, government, and the professionals in matters related to trucking and transportation law, labor and employment law, and civil litigation in federal and state courts throughout the State of New York.   Ms. Christiano is a cum laude graduate of Albany Law School where she was Managing Editor of the Government Law Review and the 2013 winner of the Dominick L. Gabrielli Appellate Advocacy Moot Court Competition.  Prior to joining Carter Conboy, she was a Judicial Intern to both the Hon. Rachael L. Kretser in Albany City Court and the Hon. Christine Clark in Schenectady County Supreme Court.

The Trucking Industry Defense Association (TIDA) is a nonprofit association with members devoted to sharing knowledge and resources for the defense of the trucking industry. Founded in 1993, TIDA has become the organization of choice for over 1,500 motor carriers, trucking insurers, defense attorneys and claims servicing companies.  TIDA is committed to reducing the cost of claims and lawsuits against the trucking industry. Members work to develop strategies and share knowledge to defense the trucking industry in personal injury, property damage, workers’ compensation and cargo claims, advocating on behalf of the industry’s interest.

Carter Conboy is a Martindale-Hubbell AV® Preeminent™ peer rated full-service law firm committed to providing the highest quality legal representation to its clients. Founded in 1920, Carter Conboy has offices in Albany and Saratoga Springs, New York, serving clients throughout New York, Massachusetts, New Jersey and New Hampshire. For additional information about the firm, visit or contact the firm’s Director of Marketing, Stacy A. Smith, at 518-810-0516 or