Litigation Support & Consulting

Litigation Support and Regulatory Consulting

W. Cody Middlebrook, CDS, CDT, provides expert consulting in transportation safety and motor carrier compliance, with a focus on evaluating operational practices in relation to federal safety regulations and industry standards. His role is to assist attorneys, insurers, and stakeholders in understanding the regulatory context of commercial motor vehicle operation.

Cody is frequently retained in civil litigation to examine compliance with federal safety regulations and industry standards, offering objective opinions rooted in real-world experience and formal training. His analysis is based on publicly recognized guidance, including FMCSA regulatory frameworks, CVSA enforcement criteria, and established best practices in transportation safety management.

Areas of Focus

Cody offers consulting support by identifying and explaining how operational records, driver actions, and company safety programs may or may not reflect adherence to applicable safety regulations and standards. His work includes:

  • Interpretation of FMCSA regulations relevant to commercial fleet operations

  • Contextual review of driver qualification procedures and related documentation

  • Evaluation of hours-of-service (HOS) records, ELD/logbook compliance, and supporting materials

  • Analysis of maintenance records, DVIR processes, and inspection practices

  • Safety Management System (SMS) reviews and assessment of carrier oversight practices

  • Support in preparing expert disclosures, affidavits, and summary reports based on objective findings

  • Consultation on regulatory implications of company policies and motor carrier responsibilities

Types of Matters Consulted

Cody has been consulted in cases involving:

  • Commercial vehicle collisions involving serious injury or fatality

  • Alleged noncompliance with driver qualification and training standards

  • Hours-of-service and fatigue-related claims

  • Maintenance and equipment safety failures

  • Hazmat transport safety and documentation issues

  • Broker–carrier relationship disputes involving operational control

  • Review of carrier safety programs and their alignment with regulatory expectations

Methodology

Cody applies a systems-based approach that focuses on identifying whether available documentation, safety procedures, and fleet practices align with the expectations outlined in applicable regulatory frameworks and widely accepted industry guidelines. His reviews are:

  • Grounded in federal regulations (49 CFR) and industry guidance

  • Focused on operational procedures and document analysis

  • Conducted with attention to objective, documentable evidence

He is not an advocate for either party in a case and does not form conclusions until a full review of the evidence and context is completed.

Qualifications

  • Certified Director of Safety (CDS) – North American Transportation Management Institute (NATMI)

  • Certified Driver Trainer (CDT) – NATMI

  • OSHA 30-Hour General Industry, Hazmat Instructor, and CVSA post-crash inspection training

  • Experience in civil matters across multiple jurisdictions

  • Background in organizational behavior and systems analysis with a B.S. in Sociology

Engagement and Availability

W. Cody Middlebrook consults with both plaintiff and defense counsel, insurance professionals, and private entities. His services are offered in an objective capacity and are limited to regulatory and operational issues relevant to commercial vehicle safety. He is available for pre-litigation review, affidavit preparation, document analysis, and case strategy support.