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Litigating Distracted and Fatigued Driving: Personal Injury, Commercial Transportation, and Insurance Defense Cases

Examines legal liability, evidence collection, and human factors science for distracted and fatigued driving cases in commercial transportation litigation.

2025-10-30 14:00:00

Program Details

2025-10-30 14:00:00

Program Details

2025-10-30 14:00:00

Over 1,000+ webinars

2025-10-30 14:00:00

Course Overview

Combating Distracted and Fatigued Driving Liability

2025-10-30 14:00:00

Participants will learn evidence collection strategies, liability frameworks, and scientific analysis methods for distracted and fatigued driving cases. These skills apply directly to commercial transportation litigation and insurance defense.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Evidence Collection
Cell phone records, ELDs, telematics, and dash cameras provide critical digital evidence.
02
Negligence Per Se
Hours of service violations constitute automatic breach of duty in commercial cases.
03
Circadian Rhythm
Drivers are 20 times more likely to fall asleep at 6 a.m.
04
Cognitive Distraction
Hands-free phone conversations increase crash risk up to 400 percent.
05
Third-Party Liability
Texters can be liable if they know the recipient is driving.
06
Human Factors
Hours of service compliance does not prove the driver was not fatigued.

Program schedule

clock 2:00 pm - 3:00 pm EST

Distracted and Fatigued Driving: Legal and Safety Implications

This session examines the statistical landscape, scientific research, and cognitive impacts of distracted and fatigued driving, including findings from the Virginia Tech Transportation Institute. Attendees will explore the legal framework, liability standards, evidence collection strategies, and emerging case law precedents essential for litigation involving commercial and personal vehicle accidents.

Jonathan E. HalperinJonathan E. Halperin
Nancy GrugleNancy Grugle
James E. LewisJames E. Lewis
clock 3:10 pm - 4:10 pm EST

Fatigue and Distracted Driving in Commercial Trucking Operations

This session provides an in-depth analysis of fatigue science, hours-of-service regulations, and FMCSA requirements specific to the trucking industry. Attendees will learn the NTSB methodology for investigating fatigue causation, understand the critical distinction between HOS compliance and actual driver impairment, and examine real-world case applications involving distracted driving investigations.

Jonathan E. HalperinJonathan E. Halperin
Nancy GrugleNancy Grugle
James E. LewisJames E. Lewis
Jonathan E. Halperin

Jonathan E. Halperin

Halperin Law Center

Nancy Grugle

Nancy Grugle

Evidence Solutions

James E. Lewis

James E. Lewis

Evidence Solutions

Jonathan E. Halperin

Jonathan E. Halperin

Halperin Law Center

Jonathan E. Halperin is the founder of Halperin Law Center and one of Virginia’s most recognized personal injury and civil rights trial attorneys, with more than three decades of courtroom experience in both state and federal courts. Known for his aggressive advocacy on behalf of injured individuals and his willingness to take on government entities, major manufacturers, and complex civil rights matters, Jonathan has built a practice defined by groundbreaking legal action and an unwavering commitment to justice for those who have been harmed.

Education & Credentials

Jonathan earned his B.S. from George Washington University in 1987 and his J.D. from the Catholic University of America, Columbus School of Law in 1991. He is admitted to practice in Virginia, the District of Columbia, and Maryland, as well as before the United States Courts of Appeals for the D.C. and Fourth Circuits, and multiple federal district courts, including the Eastern and Western Districts of Virginia, the District of Columbia, and the District of Maryland.

Recognition & Leadership

Jonathan has been selected for inclusion in Best Lawyers in America every year from 2015 through 2025 and has been named among the Top 100 Attorneys in Virginia and Top 50 Attorneys in Richmond by Super Lawyers® — placing him in the top one percent of attorneys in the state. He holds an AV Preeminent rating from Martindale-Hubbell, the organization's highest peer designation, sustained for more than twenty years, and carries a perfect "10 out of 10" Superb rating from AVVO. He has also been recognized as a Virginia Leader in the Law by Virginia Lawyers Weekly, named one of Richmond's Best Lawyers by Style Weekly, and was selected as part of a Top Richmond Metro Law Firm by U.S. News & World Report from 2016 through 2024.

Professional Involvement

Jonathan served as Chairman of the Civil Rights Section of the American Association for Justice (AAJ) in 2023 and currently serves as Chair of the Virginia Trial Lawyers Association's Civil Rights Section, where he also sits on the Board of Governors. He is a Supporting Fellow of the Pound Civil Justice Institute, a former member of the Board of Governors of the Trial Lawyers Association of Metropolitan Washington, and a former Master of the Bench of the Thurgood Marshall American Inn of Court. He has lectured on trial practice on behalf of the Roscoe Pound Foundation, taught continuing legal education courses for the Virginia Trial Lawyers Association and the District of Columbia Bar, and served as a Delegate to the Judicial Conference for the D.C. Court of Appeals. From 1998 to 2005, he served as Adjunct Professor of Law at the Catholic University of America, teaching Federal Practice and Procedure, and was selected to coach the American University Law School National Moot Court Team.

Experience

Before establishing Halperin Law Center in Richmond, Jonathan was a Senior and Founding Partner of a boutique litigation firm in Washington, D.C. His practice spans personal injury, civil rights, premises liability, product liability, wrongful death, and malicious prosecution matters. Among his most notable contributions to the law is the establishment of a new tort for spoliation — the destruction of evidence — in the District of Columbia, a precedent-setting achievement that reflects the depth and reach of his litigation career. Throughout his more than thirty years in practice, Jonathan has remained focused on championing the rights of individuals against powerful institutions and securing meaningful results for those who have suffered harm.
Nancy Grugle

Nancy Grugle

Evidence Solutions

Dr. Nancy Grugle is a Board-Certified Human Factors Professional (CHFP) and one of the country’s leading forensic experts in human performance and behavior as it applies to motor vehicle collisions and transportation safety. With more than two decades of academic, research, industry, and forensic experience, Dr. Grugle brings rigorous scientific methodology and extensive courtroom experience to complex cases involving driver behavior, fatigue, distracted driving, and advanced vehicle technologies. She conducts investigations for both plaintiff and defense counsel and has testified in state and federal courts across the country.

Education & Credentials

Dr. Grugle earned her B.S. in Industrial and Systems Engineering from Ohio University, her M.S. in Industrial and Systems Engineering (Human Factors) from Virginia Polytechnic Institute and State University, and her Ph.D. in Industrial Systems Engineering with a concentration in Human Factors, also from Virginia Tech. She holds the Certified Human Factors Professional (CHFP) designation from the Board of Certification in Professional Ergonomics — the field's premier credentialing body.

Recognition & Leadership

Dr. Grugle's research has been published in national and international peer-reviewed journals, and she has been awarded competitive human factors research grants from the National Science Foundation, the Ohio Department of Transportation, and the Cleveland State University Transportation Center. Her scholarship spans the effects of sleep deprivation on human performance, distracted driving in work zones, and the impact of personal protective equipment on team performance. She previously served as an Assistant Professor of Industrial and Manufacturing Engineering at Cleveland State University, where she built a research program focused on transportation safety and human factors engineering.

Professional Involvement

Dr. Grugle is a prolific speaker and author on human factors topics as they intersect with litigation. She has presented at the American Association of Justice, the Defense Research Institute Trucking Law Seminar, the Washington State Association of Justice Annual Meeting, the Ohio Association of Justice, and the Western Trial Lawyers Association, among many others. Her published work includes a 2024 article in the Arizona Attorney Expert Witness Special Issue on getting the most out of a human factors expert in transportation cases, a 2019 piece on human factors in autonomous vehicles in Tortsource, and a 2015 Professional Safety article on sleep deprivation co-authored with Ron Schaible. She previously worked as a human factors engineer at Lockheed Martin, where she focused on user-centered hardware and software development and warning and instructional design.

Experience

Dr. Grugle has conducted hundreds of forensic investigations across a broad range of transportation matters. Her areas of specialization include fatigue, sleep deprivation, and drowsy driving; distracted driving; looming in high-speed rear-end collisions; visibility and conspicuity in nighttime collisions; roadway design, including driver expectancy and positive guidance; and advanced driver assistance systems such as forward collision warning and lane departure warning. She is particularly well regarded for her work on commercial trucking cases, where issues of hours-of-service compliance, fatigue, and driver behavior frequently intersect. Dr. Grugle translates complex human factors science into clear, accessible testimony that helps judges and juries understand how and why collisions occur.
James E. Lewis

James E. Lewis

Evidence Solutions

James E. Lewis is one of the country’s most experienced and sought-after transportation safety expert witnesses, with more than two decades of forensic work in the trucking, towing, and automotive industries. A certified commercial driver with an unparalleled combination of handson industry experience and academic grounding, James brings practical, real-world authority to every case he evaluates. He conducts investigations for both plaintiff and defense counsel in equal measure — a balance he considers essential to his credibility and objectivity — and has been qualified as an expert witness in numerous state and federal courts across the United States.

Education & Credentials

James holds a Master of Education degree with a specialty in Curriculum Development from the University of Maryland, as well as a Bachelor of Applied Science in Criminal Justice and a Bachelor of Applied Medical Science in Psychology/Sociology, also from the University of Maryland. He holds a Certified Director of Safety (CDS) designation and obtained his Class A commercial driver's license in 1987, accumulating more than two million no-fault accident-free miles over the course of his driving career.

Recognition & Leadership

James is a published author and frequent public presenter on transportation safety topics. He is the founder and owner of Total Transportation Training, LLC, a consulting firm providing training and compliance services to the trucking and towing industries, and Valley Automotive Consulting, through which he has served as an in-house and independent expert in automotive fraud and lemon law matters since 2001. He has been featured on television as a subject matter commentator on transportation safety issues and has appeared as a guest on industry podcasts and roundtable programs discussing expert witness practice, DOT compliance, and commercial trucking standards.

Professional Involvement

James has served as a faculty member at litigation seminars for trial lawyers' associations, including the ATLA Litigating Truck Cases Seminar, where he has been recognized for delivering educational programs on transportation safety issues of contemporary relevance. He is active in continuing legal education as a speaker and presenter, translating complex federal regulatory frameworks — including FMCSA and DOT compliance requirements — into accessible, actionable guidance for attorneys on both sides of the docket.

Experience

James has produced thousands of written expert reports and has given testimony in hundreds of trials in both state and federal courts. He has been qualified to testify in federal districts across the country, including the Southern Districts of Florida, Indiana, and Iowa; the Eastern Districts of Pennsylvania and Tennessee; the Northern District of Texas; and the Central and Northern Districts of Illinois, among others, as well as in state courts spanning Arizona, California, Colorado, Connecticut, Georgia, Illinois, Maryland, Michigan, Mississippi, Missouri, Nevada, New Jersey, New Mexico, New York, Oklahoma, and beyond. His transportation expertise covers FMCSA and DOT compliance, towing and recovery operations, hours-ofservice regulations, load securement, driver training standards, and general trucking safety policies and procedures. His automotive expertise encompasses lemon law, vehicle financing and leasing, dealership fraud, breach of warranty, diminished value, and the appraisal of automobiles, recreational vehicles, medium and heavy-duty trucks, motorcycles, and watercraft.
Jonathan E. Halperin

Jonathan E. Halperin

Halperin Law Center

Jonathan E. Halperin is the founder of Halperin Law Center and one of Virginia’s most recognized personal injury and civil rights trial attorneys, with more than three decades of courtroom experience in both state and federal courts. Known for his aggressive advocacy on behalf of injured individuals and his willingness to take on government entities, major manufacturers, and complex civil rights matters, Jonathan has built a practice defined by groundbreaking legal action and an unwavering commitment to justice for those who have been harmed.

Education & Credentials

Jonathan earned his B.S. from George Washington University in 1987 and his J.D. from the Catholic University of America, Columbus School of Law in 1991. He is admitted to practice in Virginia, the District of Columbia, and Maryland, as well as before the United States Courts of Appeals for the D.C. and Fourth Circuits, and multiple federal district courts, including the Eastern and Western Districts of Virginia, the District of Columbia, and the District of Maryland.

Recognition & Leadership

Jonathan has been selected for inclusion in Best Lawyers in America every year from 2015 through 2025 and has been named among the Top 100 Attorneys in Virginia and Top 50 Attorneys in Richmond by Super Lawyers® — placing him in the top one percent of attorneys in the state. He holds an AV Preeminent rating from Martindale-Hubbell, the organization's highest peer designation, sustained for more than twenty years, and carries a perfect "10 out of 10" Superb rating from AVVO. He has also been recognized as a Virginia Leader in the Law by Virginia Lawyers Weekly, named one of Richmond's Best Lawyers by Style Weekly, and was selected as part of a Top Richmond Metro Law Firm by U.S. News & World Report from 2016 through 2024.

Professional Involvement

Jonathan served as Chairman of the Civil Rights Section of the American Association for Justice (AAJ) in 2023 and currently serves as Chair of the Virginia Trial Lawyers Association's Civil Rights Section, where he also sits on the Board of Governors. He is a Supporting Fellow of the Pound Civil Justice Institute, a former member of the Board of Governors of the Trial Lawyers Association of Metropolitan Washington, and a former Master of the Bench of the Thurgood Marshall American Inn of Court. He has lectured on trial practice on behalf of the Roscoe Pound Foundation, taught continuing legal education courses for the Virginia Trial Lawyers Association and the District of Columbia Bar, and served as a Delegate to the Judicial Conference for the D.C. Court of Appeals. From 1998 to 2005, he served as Adjunct Professor of Law at the Catholic University of America, teaching Federal Practice and Procedure, and was selected to coach the American University Law School National Moot Court Team.

Experience

Before establishing Halperin Law Center in Richmond, Jonathan was a Senior and Founding Partner of a boutique litigation firm in Washington, D.C. His practice spans personal injury, civil rights, premises liability, product liability, wrongful death, and malicious prosecution matters. Among his most notable contributions to the law is the establishment of a new tort for spoliation — the destruction of evidence — in the District of Columbia, a precedent-setting achievement that reflects the depth and reach of his litigation career. Throughout his more than thirty years in practice, Jonathan has remained focused on championing the rights of individuals against powerful institutions and securing meaningful results for those who have suffered harm.
Nancy Grugle

Nancy Grugle

Evidence Solutions

Dr. Nancy Grugle is a Board-Certified Human Factors Professional (CHFP) and one of the country’s leading forensic experts in human performance and behavior as it applies to motor vehicle collisions and transportation safety. With more than two decades of academic, research, industry, and forensic experience, Dr. Grugle brings rigorous scientific methodology and extensive courtroom experience to complex cases involving driver behavior, fatigue, distracted driving, and advanced vehicle technologies. She conducts investigations for both plaintiff and defense counsel and has testified in state and federal courts across the country.

Education & Credentials

Dr. Grugle earned her B.S. in Industrial and Systems Engineering from Ohio University, her M.S. in Industrial and Systems Engineering (Human Factors) from Virginia Polytechnic Institute and State University, and her Ph.D. in Industrial Systems Engineering with a concentration in Human Factors, also from Virginia Tech. She holds the Certified Human Factors Professional (CHFP) designation from the Board of Certification in Professional Ergonomics — the field's premier credentialing body.

Recognition & Leadership

Dr. Grugle's research has been published in national and international peer-reviewed journals, and she has been awarded competitive human factors research grants from the National Science Foundation, the Ohio Department of Transportation, and the Cleveland State University Transportation Center. Her scholarship spans the effects of sleep deprivation on human performance, distracted driving in work zones, and the impact of personal protective equipment on team performance. She previously served as an Assistant Professor of Industrial and Manufacturing Engineering at Cleveland State University, where she built a research program focused on transportation safety and human factors engineering.

Professional Involvement

Dr. Grugle is a prolific speaker and author on human factors topics as they intersect with litigation. She has presented at the American Association of Justice, the Defense Research Institute Trucking Law Seminar, the Washington State Association of Justice Annual Meeting, the Ohio Association of Justice, and the Western Trial Lawyers Association, among many others. Her published work includes a 2024 article in the Arizona Attorney Expert Witness Special Issue on getting the most out of a human factors expert in transportation cases, a 2019 piece on human factors in autonomous vehicles in Tortsource, and a 2015 Professional Safety article on sleep deprivation co-authored with Ron Schaible. She previously worked as a human factors engineer at Lockheed Martin, where she focused on user-centered hardware and software development and warning and instructional design.

Experience

Dr. Grugle has conducted hundreds of forensic investigations across a broad range of transportation matters. Her areas of specialization include fatigue, sleep deprivation, and drowsy driving; distracted driving; looming in high-speed rear-end collisions; visibility and conspicuity in nighttime collisions; roadway design, including driver expectancy and positive guidance; and advanced driver assistance systems such as forward collision warning and lane departure warning. She is particularly well regarded for her work on commercial trucking cases, where issues of hours-of-service compliance, fatigue, and driver behavior frequently intersect. Dr. Grugle translates complex human factors science into clear, accessible testimony that helps judges and juries understand how and why collisions occur.
James E. Lewis

James E. Lewis

Evidence Solutions

James E. Lewis is one of the country’s most experienced and sought-after transportation safety expert witnesses, with more than two decades of forensic work in the trucking, towing, and automotive industries. A certified commercial driver with an unparalleled combination of handson industry experience and academic grounding, James brings practical, real-world authority to every case he evaluates. He conducts investigations for both plaintiff and defense counsel in equal measure — a balance he considers essential to his credibility and objectivity — and has been qualified as an expert witness in numerous state and federal courts across the United States.

Education & Credentials

James holds a Master of Education degree with a specialty in Curriculum Development from the University of Maryland, as well as a Bachelor of Applied Science in Criminal Justice and a Bachelor of Applied Medical Science in Psychology/Sociology, also from the University of Maryland. He holds a Certified Director of Safety (CDS) designation and obtained his Class A commercial driver's license in 1987, accumulating more than two million no-fault accident-free miles over the course of his driving career.

Recognition & Leadership

James is a published author and frequent public presenter on transportation safety topics. He is the founder and owner of Total Transportation Training, LLC, a consulting firm providing training and compliance services to the trucking and towing industries, and Valley Automotive Consulting, through which he has served as an in-house and independent expert in automotive fraud and lemon law matters since 2001. He has been featured on television as a subject matter commentator on transportation safety issues and has appeared as a guest on industry podcasts and roundtable programs discussing expert witness practice, DOT compliance, and commercial trucking standards.

Professional Involvement

James has served as a faculty member at litigation seminars for trial lawyers' associations, including the ATLA Litigating Truck Cases Seminar, where he has been recognized for delivering educational programs on transportation safety issues of contemporary relevance. He is active in continuing legal education as a speaker and presenter, translating complex federal regulatory frameworks — including FMCSA and DOT compliance requirements — into accessible, actionable guidance for attorneys on both sides of the docket.

Experience

James has produced thousands of written expert reports and has given testimony in hundreds of trials in both state and federal courts. He has been qualified to testify in federal districts across the country, including the Southern Districts of Florida, Indiana, and Iowa; the Eastern Districts of Pennsylvania and Tennessee; the Northern District of Texas; and the Central and Northern Districts of Illinois, among others, as well as in state courts spanning Arizona, California, Colorado, Connecticut, Georgia, Illinois, Maryland, Michigan, Mississippi, Missouri, Nevada, New Jersey, New Mexico, New York, Oklahoma, and beyond. His transportation expertise covers FMCSA and DOT compliance, towing and recovery operations, hours-ofservice regulations, load securement, driver training standards, and general trucking safety policies and procedures. His automotive expertise encompasses lemon law, vehicle financing and leasing, dealership fraud, breach of warranty, diminished value, and the appraisal of automobiles, recreational vehicles, medium and heavy-duty trucks, motorcycles, and watercraft.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Approved
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs