In Berkowski v. Honda Motor Co., 480 N.J.Super. 379, 328 A. 2d 986 (App. Div. 2025), a New Jersey Appellate panel affirmed summary judgment to the defendant car manufacturer in a product liability action alleging that a 2016 Honda CR-V was defectively designed because it lacked lane departure warning (LDW) and lane keeping assist (LKA) systems. The LDW feature alerts drivers with an audible signal and illuminated dashboard message when the vehicle crosses a lane marking without a turn signal activated. The LKA system applies steering torque to help the driver keep the vehicle centered in its lane. Both were available as standard features on higher-end CR-V models or as optional equipment on other models, costing extra. The underlying action involved a double fatality that occurred when the CR-V crossed into the opposing traffic on a two-lane road, causing a head-on collision with decedents’ vehicle.
The court declined to hold that a vehicle is not “reasonably safe” if it lacks all available safety enhancements.
Notwithstanding the victory for the defense, the theory of liability is likely to resurface and may have greater viability with respect to commercial vehicles, and as these safety technologies become more ubiquitous. Against this background, we address our panel of experts. Meghan Hvizdos is the vice president of transportation claims for MV Transportation, Inc., the largest privately held passenger transportation contracting firm in North America specializing in paratransit, fixed route, campus, and corporate shuttle and student transportation. Ryan McGee is the auto liability claims manager for Marten Transport, an international truckload carrier with over 20 locations in the U.S., Canada, and Mexico that specializes in transporting food, beverages, and other temperature-controlled goods.
Floyd Cottrell: In your view, how does the absence of advanced safety technology contribute to potential negligence claims against fleet owners or managers?
Ryan McGee: Our fleet of trucks is equipped with advanced systems that are in place to increase the safety of our drivers and the motoring public. CMS or braking systems have reduced rear end accidents to an abnormal occurrence. Most passenger cars are not as well equipped at all. That said, we all know that transportation companies are effectively held to a higher standard of care. If a fleet owner was opting out of these safety features to cut costs, it would not hold up well against a skilled reptile attorney.
Meghan Hvizdos: When we as a transportation industry fail to have advanced safety technology, we only fail ourselves. When we don’t implement safety technology, we empower every single plaintiff attorney out there by contributing to their endless list of arguments of reptilian claims made against our industry, our companies, and our hard working (and beloved) drivers. We undermine our own defenses without safety technology when we as an industry make risk mitigating decisions in a vacuum. Instead, we must utilize safety technology, train on safety technology, enforce safety training and safe driver behavior, act as any reasonable operator or fleet owner should, and maintain a safety standard that we as fellow industry members can be proud of.
Floyd Cottrell: What do you believe constitutes the standard of care for fleet operators regarding the implementation of safety technology?
Meghan Hzvizdos: As an industry we have to meet the standard of care by embracing the use of safety technology. As an industry, we have to be able to show that we used everything that was reasonably available to us in an effort to prevent harm. This includes, but is not limited to, documenting this standard of care in your company’s SOP training document to process every single effort you have implemented as part of your safety management program. We have to use and implement known safety technology that is available to us and leverage it to work for us; not against us. Lastly, in transportation, we have to stay up to date with technology, stay informed, and, essentially, stay relevant in what is going on at a higher level.
Ryan McGee: A respectable fleet should prioritize safety and reasonably implement the available safety features on the trucks when making purchasing decisions. The features assist in making the roadway safer for all.
Floyd Cottrell: Are you seeing a trend in the legal landscape where fleet operators are increasingly held accountable for not adopting the latest safety technologies?
Meghan Hvizdos: Absolutely. The trend in the current legal landscape is to place blame where blame can be placed. At present, fleet operators are absolutely held to a higher standard for either not utilizing safety technology and/or not using it correctly, and it has become a complete catch-22 for the industry. I do not think there is a uniformity of this standard, yet, but note it generally seems to be applied to higher profile exposure type cases. The key is simple: To get ahead of this for any fleet operator, approach safety technology as your friend rather than enemy. If we take that approach, the fleet operators will ultimately prevail in that we will prevent further negligence claims as well as prevent and/or reduce litigation.
Ryan McGee Yes. Even when a carrier is ahead of the curve they are still held to a higher standard. In general, our practice at Marten is to shut equipment down in poor weather, and we pay our driver for the lost time. Sleep apnea is not a requirement under the DOT regulations at this time but Marten pays for all of the testing, monitoring, and supplies our drivers need to remain compliant. The data is often scrutinized by plaintiffs and spun to make it look like we are not doing enough still.
Floyd Cottrell: How important is employee training in safety technology in mitigating negligence claims, and what role does it play in your risk evaluatinons?
Meghan Hvizdos: Employee training with respect to safety technology is extremely important. Training not only helps to mitigate negligence claims but also is used to aid in any defense you may have on any given claim because you had safety technology available. In essence, employee training also helps to establish the standard of care you set forth within your business practice. A lack of training can be used as evidence against you whereas proper safety technology, telematics, training, and documentation can be used to show that, as a company, you made all efforts to prevent any harm to the public. Effectively, safety technology reduces overall claim exposure (by preventing and/or mitigating the loss and should be a main defense strategy point), enhances the defense of your case, and can improve company performance.
Ryan McGee: Marten only hires experienced drivers so our training programs are related to the specifics of Marten and our policies and procedures. As the technology is ever-changing, the drivers need refresher courses. As an example, the CMS have evolved in several ways and we seek to ensure that the drivers are properly educated on their specific truck and that generation of the system.
Meet the Panel:
Floyd G. Cottrell is partner in Rawle & Henderson LLP, the oldest law firm in the United States in continuous operation and managing partner of its northern New Jersey office. He is admitted to practice in the states of New York and New Jersey. He is certified as a civil trial attorney by the New Jersey Supreme Court and has tried over 70 cases to verdict. He is on the faculty of the CLM Claims College School of Transportation and is a member of its Executive Committee; co-chair of the CLM Transportation Committee; past president and current master in the Brennan-Vanderbilt Inn of Court (Essex County, New Jersey); and former chair of the IADC Transportation Committee and a vice-chair of the Trial Tactics and Techniques Committee.
Meghan Hvizdos is the vice president of transportation claims for MV Transportation, Inc., the largest privately held passenger transportation contracting firm in North America specializing in paratransit, fixed route, campus and corporate shuttle and student transportation. She has over 16 years of experience in the transportation and insurance industry. She serves on the Trucking Industry Defense Association’s (TIDA) board of directors and advocates for the industry. As vice president for MV, Meghan is responsible for the management and oversight of risk and insurance, claims, and accident litigation. In addition, she collaborates with executive leadership to create and implement continuous improvement initiatives and cross-collaborates with multiple departments including risk management, operations, insurance programs, brokers and safety.
Ryan McGee is auto liability claims manager with over 20 years of expertise in auto liability, general liability, and catastrophic claims. Currently leading high-exposure claims at Marten Transport, overseeing vendors, and providing executive-level reporting.