Litigating Trucking Accident Claims 101: Preserving evidence, theories of liability, and investigation, discovery, and pre-trial concerns

Bryan L. Bradley
Jay Vaughn
Carlton D. Fisher
Bryan L. Bradley | Allen Law Group
Jay Vaughn | Hendy Johnson Vaughn Emery
Carlton D. Fisher | Hinshaw & Culbertson
On-Demand: December 14, 2022
Litigating Trucking Accident Claims 101: Preserving evidence, theories of liability, and investigation, discovery, and pre-trial concerns

$245.00 3 hour CLE

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Program Summary

Session I – Preserving critical evidence, digital data, and documents - Bryan L. Bradley

In this course you will learn the safety regulations and standards frequently relied upon in these cases. Experienced truck crash plaintiff and defense attorneys will discuss the initial steps that must be taken to preserve critical evidence, digital data, and documents. You will learn how to identify potential defendants and theories of liability. Pre-trial discovery, motions, and evidentiary considerations will be discussed.

Key topics to be discussed:

  • Introduction to the Federal Motor Carrier Safety Regulations
  • Initial Steps When Retained in a Truck Crash Case (Plaintiff & Defense Perspectives)
  • Preserve critical data, records, and evidence
  • Initially Identifying Potential Defendants and Theories of Liability
  • Direct negligence of the motor carrier and vicarious liability
  • Confidentiality and Protective Orders

Session II – Theories of liability in trucking cases and how to identify all potential defendants – Jay Vaughn

Attorneys will learn about the different theories of liability in trucking cases and how to identify all potential defendants. They will also get a list of the key documents needed in every trucking case and strategies for conducting discovery. Finally, most trucking cases require experts, and the program will discuss various types of experts and when they are needed.

Key topics to be discussed:

  • Theories of Liability
  • Key Documents
  • Types of Experts

Session III – Investigation, discovery, and Pre-Trial concerns from the defense perspective – Carlton Fisher

Investigation, discovery, and Pre-Trial concerns from the defense perspective. I will discuss rapid response to accident scenes, initial investigations, evidence preservation, spoilation/preservation letters, preventability determinations and their admissibility, removal, and motion practice strategies to minimize exposure and limit claims.

Key topics to be discussed:

  • Rapid Response
  • Preservation/Spoilation
  • Preventability

Date: December 14, 2022

Closed-captioning available


Bryan Bradley_Allen Law Group_myLawCLEBryan L. Bradley | Allen Law Group

Bryan Bradley is a senior partner in the personal injury law firm of KENNETH J. ALLEN LAW GROUP, LLC. He focuses his practice on catastrophic personal injury and wrongful death, concentrating in heavy truck and bus crash litigation.

He obtained his Bachelor of Arts degree from the University of Illinois at Urbana-Champaign in 1991 and Juris Doctorate from Valparaiso University School of Law in 1994. Mr. Bradley is admitted to practice law in both Indiana and Illinois, before the United States Supreme Court, and various lower federal courts.

Mr. Bradley has been selected by Best Lawyers in the areas of Plaintiffs Personal Injury and Plaintiff Product Liability. He holds an AV Preeminent Peer Review Rating from Martindale Hubbell. His honors include the National Trial Lawyers Top 100 Trial Lawyers, Trucking Trial Lawyers Top 10, and Indiana Super Lawyers.

A sustaining member of the American Association for Justice, Mr. Bradley is strong advocate for the rights of those injured and in the interests of improving safety whether on the nation’s highways or elsewhere. He is a sustaining member of the Indiana Trial Lawyer Association where he also serves on the Board of Directors and is a College of Fellows inductee. Mr. Bradley was one of the first thirty-five lawyers in the United States to qualify to be Board Certified in Truck Accident Law by the National Board of Trial Advocacy. Mr. Bradley is also a member of the Illinois Trial Lawyer Association; Attorney’s Information Exchange Group; Million Dollar Advocates Forum Life Member; a Life Fellow of the Indiana Bar Foundation; and serves on the Board of Regents for the Academy of Truck Accident Attorneys.

Mr. Bradley is a contributing author to Truck Accident Litigation, Second and Third Editions, published by the American Bar Association. Mr. Bradley is retired from the United States Army Reserve Judge Advocate General Corps and is a graduate of the Army Command and General Staff College, US Army Airborne and Infantry Schools. He has spent his entire legal career representing those who have been injured or killed due to the negligence of others. Mr. Bradley has never represented companies or corporations in defense of those parties. In his free time, he can often be found outdoors with his wife and their pack of rescued German Shepherds and a Siberian Husky.


Jay Vaughn_Hendy_Johnson_Vaughn_Emery_myLawCLEJay Vaughn | Hendy Johnson Vaughn Emery

Jay was born in Louisville, Kentucky. He received his undergraduate degree from Murray State University in Murray, Kentucky in 1999. Jay graduated from Salmon P. Chase College of Law at Northern Kentucky University in 2002. He is licensed to practice in both Kentucky and Ohio.

Jay has received Martindale-Hubbell’s esteemed “AV” rating, which recognizes lawyers with the highest ethical standards and professional ability. Since 2013, he has been named to the Kentucky Super Lawyers, which recognizes no more than 5% of attorneys in Kentucky. Since, 2020, Jay has recognized as one of the Top 50 Kentucky Super Lawyers. Jay has tried numerous cases ranging from automobile collision cases to complex catastrophic injury and death cases. In 2021, Jay along with his partner, Ron Johnson, obtained a $74,000,000 verdict against a paving company for negligently completing a road project resulting in the death of a mother in front of her children.

He is asked to speak both locally and nationally to other lawyers having given over 120 presentations on a variety of legal topics. Jay is currently serving on the Executive Committee as President-Elect for Kentucky Justice Association and is very active with both the American Association for Justice (AAJ) where he is the current Vice Chair for the Traumatic Brain Injury Litigation Group as well as serving on the Executive Board for AAJ’s Trucking Litigation Group and the Board of Regents for the Academy of Truck Accident Attorneys.

Jay focuses his practice on commercial motor vehicle, car wreck, personal injury, traumatic brain injury, and wrongful death cases. He is one of the first 10 Board Certified Truck Accident attorneys in the country, which is an ABA-accredited certification through the National Board of Trial Advocacy. Jay understands that his clients have had their lives turned upside down due to the fault of someone else which is the reason for him working tirelessly to achieve justice for his clients, help make up for what was taken from them and giving them hope for the future.


Carlton D. Fisher_ Hinshaw & Culbertson LLP._myLawCLECarlton D. Fisher | Hinshaw & Culbertson LLP

Carl Fisher concentrates his trial practice in the defense of commercial litigation, commercial motor vehicle, general liability and product liability cases involving personal injury, catastrophic injury, wrongful death, property damage and commercial damages.

A Fellow of the American College of Trial Lawyers, Carl has tried more than 80 civil cases to verdict in Illinois, Indiana, Maryland, New Jersey, New Mexico, New York, Ohio, Pennsylvania, Texas and Washington, and has been admitted pro hac vice in over 30 state and federal courts.

Carl is the leader of Hinshaw’s transportation practice. He has represented American trucking companies and European, Asian, and American product manufacturers in their lawsuits throughout the United States, served as national trial counsel for a management services company and several consumer services companies, and acted as national product liability supervisory counsel for a consortium of international amusement ride companies.

While a Judge Advocate with the U.S. Marine Corps, Carl tried more than 250 federal felony cases involving murder, robbery, burglary, larceny, drug offenses and military offenses.

In 1985 and 1986, Carl tried 10 straight cases to defense verdicts, the streak coming to an end in a hung jury on a wrongful death case. His trial record has continued into the second decade of the 21st century where he has prevailed in over 70% of his cases tried.

In addition to his academic accomplishments during law school, Carl was an active moot court participant. He was a member of the National Moot Court team and also served on the Moot Court Board. While attending the University of Illinois as an undergraduate, Carl became a member of Phi Beta Kappa, Omicron Delta Kappa, Delta Sigma Rho-Tau Kappa Alpha and Phi Eta Sigma fraternities. He was on the Dean’s List all four years.


Session I – Preserving critical evidence, digital data, and documents | 12:00pm – 1:00pm

  • Overview of Federal Motor Carrier Safety and the Federal Motor Carrier Safety Regulations | 12:00pm – 12:10pm
    • FOIA Requests
    • FMCSA Safety Management System
    • Driver BASICS
  • Critical First Steps When Retained in a Truck Crash Case | 12:10pm – 12:15pm
  • Preserving the Damages (photos/videos) | 12:15pm – 12:25pm
  • Preservation Letters/Protective Orders | 12:25pm – 12:35pm
  • Preserving the Crash Scene | 12:35pm – 12:45pm
  • Truck Inspection | 12:45pm – 12:50pm
  • Videos, black box data, and other data | 12:50pm – 1:00pm

Break | 1:00pm – 1:10pm

Session II – Theories of liability in trucking cases and how to identify all potential defendants | 1:10pm – 2:10pm

  • Theories of Liability in the Truck Crash Case | 1:10pm – 1:20pm
  • Identifying All Potential Defendants | 1:20pm – 1:30pm
  • Essential Discovery | 1:30pm – 1:40pm
  • Key Documents in Trucking Cases | 1:40pm – 1:55pm
  • Types of Experts Frequently Used in Truck Crash Cases | 1:55pm – 2:10pm

Break | 2:10pm – 2:20pm

Session III – Investigation, discovery, and Pre-Trial concerns from the defense perspective | 2:20pm – 3:20pm

  • Investigation, Discovery, and Pre-Trial Concerns of the Defense | 2:20pm – 2:25pm
  • Rapid Response Team | 2:25pm – 2:30pm
  • Initial Investigation | 2:30pm – 2:35pm
  • Evidence Preservation | 2:35pm – 2:40pm
  • Spoliation and Reverse Spoliation Letters | 2:40pm – 2:45pm
  • Discovery Considerations | 2:45pm – 2:50pm
  • Removal Considerations | 2:50pm – 2:55pm
  • Admissibility Preventability Determinations | 2:55pm – 3:00pm
  • Expert Opinions Pertaining to the Federal Motor Carrier Safety Regulations J.Motions for Summary Judgment | 3:00pm – 3:15pm
  • Motions in Limine and Challenges to Experts and/or Opinions | 3:15pm – 3:20pm