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.
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.
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:
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
Identifying Potential Defendants and Theories of Liability
Direct negligence of the motor carrier and vicarious liability
Confidentiality and Protective Orders
Discovery, Pre-Trial Motions, and Pre-Trial Concerns of the Defense
Theories of Liability
Types of Experts
Date: June 10, 2022
Bryan 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
Jay Vaughn 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. In 2020 and 2021, Jay was recognized as one of the Top 50 Kentucky Super Lawyers. Jay has tried numerous cases ranging from automobile collision cases to multi-week nursing home neglect cases. He is asked to speak both locally and nationally to other lawyers on a variety of legal topics as he is very active in Kentucky Justice Association and American Association for Justice, serving on the Board for both trial organizations.
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.
Robert Foos | LEWIS WAGNER, LLP
Robert Foos focuses his practice on the representation of commercial carriers and commercial drivers in catastrophic injury and wrongful death cases. He represents several national carriers and a host of local, inter and intra-state transportation companies. A frequent speaker at national seminars, Rob also works closely with clients, insurers, and reinsurers to provide case law updates and presentations on the latest tactics in defending trucking related claims.
Prior to joining Lewis Wagner, Rob served as In-House Counsel and acted as managing partner for a captive law firm in the insurance industry. His experience includes third party liability claims, complex coverage issues, and first party litigation.
Rob is licensed to practice in both Indiana and Illinois and has tried numerous cases in both venues. He feels most at ease in front of a jury, where his commonsense approach and careful planning have proven to be a successful combination. Rob’s experience as a trial lawyer and his reputation for aggressive representation allows him to resolve cases in a manner which is both fair and beneficial to his clients.
A.Overview of Federal Motor Carrier Safety and the Federal Motor Carrier Safety Regulations | 1:00pm – 1:10pm
-FMCSA Safety Management System
B.Critical First Steps When Retained in a Truck Crash Case | 1:10pm – 1:20pm
C.Preserving the Damages (photos/videos) | 1:20pm – 1:35pm
D.Preservation Letters/Protective Orders | 1:35pm – 1:45pm
E.Preserving the Crash Scene | 1:45pm – 2:00pm
Break | 2:00pm – 2:10pm
F.Truck Inspection | 2:10pm – 2:20pm
G.Videos, black box data, and other data | 2:20pm – 2:30pm
A.Theories of Liability in the Truck Crash Case | 2:30pm – 2:45pm
B.Identifying All Potential Defendants | 2:45pm – 2:55pm
C.Essential Discovery | 2:55pm – 3:10pm
Break | 3:10pm –3:20pm
D.Key Documents in Trucking Cases | 3:20pm – 3:40pm
E.Types of Experts Frequently Used in Truck Crash Cases | 3:40pm – 4:00pm
A.Investigation, Discovery, and Pre-Trial Concerns of the Defense | 4:00pm – 4:05pm
B.Rapid Response Team | 4:05pm – 4:10pm
C.Initial Investigation | 4:10pm – 4:15pm
D.Evidence Preservation | 4:15pm – 4:20pm
Break | 4:20pm- 4:30pm
E.Spoliation and Reverse Spoliation Letters | 4:30pm – 4:38pm
F.Discovery Considerations | 4:38pm – 4:46pm
G.Removal Considerations | 4:46pm – 4:54pm
H.Admissibility Preventability Determinations | 4:54pm – 5:02pm
I.Expert Opinions Pertaining to the Federal Motor Carrier Safety Regulations | 5:02pm – 5:10pm
J.Motions for Summary Judgment | 5:10pm – 5:20pm
K.Motions in Limine and Challenges to Experts and/or Opinions | 5:20pm – 5:30pm