A Critical Need for Reform of the Compliance, Safety, Accountability Program
By: Carter Conboy
Brian D. Carr was recently published in the Trucking Industry Defense Association (TIDA) 2015 Spring Newsletter. His article “A Critical Need for Reform of the Compliance, Safety, Accountability Program and Options for Defense Counsel to Prevent the Admission of CSA Scores into Evidence” analyses the need for reform of the Federal Motor Carrier Safety Administration (FMCSA)’s Compliance, Safety, Accountability (CSA) program, specifically its Safety Management System (SMS) scores, given that the statistical methodology used by the FMCSA is inherently flawed misrepresenting commercial motor vehicle carriers safety performance and perceived risk. Further, the flawed data is then available to the public and discoverable during litigation against commercial motor vehicle carriers. Mr. Carr discusses the use of the SMS scores during litigation, the significant issues the data can cause, and options for defense counsel when representing a commercial motor vehicle carrier and SMS scores come into play.
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. Mr. Carr can be reached at (518) 810-0523 or firstname.lastname@example.org.