Truck Accident Litigation 101: Basics & Issues


Re-Broadcast on April 12, 2018

During this webinar, Attorney Lew R. C. Bricker will provide personal injury counsel with a review of common theories of liability in trucking accident injury cases and discuss the complexities involved with litigating and/or settling claims. He will discuss the impact of the Federal Motor Carrier Safety Administration requirements and other legal and practical considerations when bringing or defending trucking injury claims.

This course is co-sponsored by Wolters Kluwer.

Key topics to be discussed:

•   Overview of the Trucking Industry and Commercial Motor Vehicles
•   Type of Accidents Involving Commercial Motor Vehicles
•   Drivers
•   Trucking Accidents Considerations
•   Insurance and Coverage
•   Theories of Liability and Risk Shifting
•   Distinct Industry Issues

Date / Time: April 12, 2018

•  2:00 pm – 4:00 pm Eastern
•  1:00 pm – 3:00 pm Central
•  12:00 pm – 2:00 pm Mountain
•  11:00 am – 1:00 pm Pacific

Choose a format:

•  Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•  On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

All Access Pass: Before you buy, access this class and all other myLawCLE programs, over 120 new live classes every year, for only $69 dollars per month. Purchase the All Access Pass first. Click here for more information.


Lew R.C. Bricker, Esq.

In one of Lew Bricker’s most memorable cases he had the jury nodding along with his closing argument; a true testament to his litigation skills. He defends clients in the areas of commercial transportation, products liability and commercial litigation. He also counsels clients and attorneys on best practices for managing and litigating issues involving electronically stored information and e-discovery. Additionally, he leads the firm’s Rapid Response Team, coordinating responses to catastrophic losses for clients in the Midwest.

Lew’s clients include motor carriers, logistics providers, product manufacturers, retailers, distributors and their insurers. He represents many clients in commercial and contract disputes and counsels clients on best risk mitigation practices, business structure, management and marketing practices in the transportation, retail and manufacturing industries.

As chair of the firm’s commercial transportation group Lew oversees a team providing comprehensive litigation and transactional services to the transportation industry. As a member of the firm’s Executive Committee, Lew works to ensure that SmithAmundsen provides the best possible service to clients across the globe.

Lew currently serves as chair of the USLAW Network and was elected to the Network’s Executive Committee and Board of Directors. In 2008 he served as the chair of the USLAW Transportation Practice Group. He designed and coordinated the Transportation Motor Carrier Boot Camp, a training program for transportation lawyers held every two years.

Lew holds many titles, but husband and dad are among his most cherished. He is involved with his kids and active in the community where he raises his family. He coached his kids in youth sports and ran the community baseball and softball organizations for several years, overseeing more than 150 teams. During his tenure he rebuilt the softball program, restored the organization financially and saw teams to multiple championships. He currently serves as past commissioner. He also served on the local high school district facilities community, helping to identify the needs of the local high school and lobbying for the passage of a referendum.

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Section I. Overview of the Trucking Industry and Commercial Motor Vehicles

Section II. Type of Accidents Involving Commercial Motor Vehicles
a) Speed and Braking
b) Turning and Maneuvering
c) Loading Dock/Parking Lots
d) Loading/Unloading

Section III. Drivers
a) Independent Contractors
b) Training
c) Federal Motor Carrier Safety Regulations

Section IV. Trucking Accidents Considerations
a) Post-crash Inspection
b) Relationships
c) Preservation and Investigation
d) Social Media

Section V. Insurance and Coverage
a) Financial Responsibility
b) Physical Damage v. Property Damage

Section VI. Theories of Liability and Risk Shifting
a) Motor Vehicle
b) Negligent Retention, Training, Supervision, Entrustment
c) Contracts
d) Broker, Shipper and Third Party Logistics Liability
e) Indemnity
f) Risk Shifting

Section VII. Distinct Industry Issues
a) Relationships and Conflicts
b) Experts
c) CSA
d) Preventability Determinations
e) Perceptions of the Industry

Section VIII. Pleadings Considerations
a) Knowledge of the company and the carriage
b) Party Identification
c) Graves Amendment
d) Removal to Federal Court
e) Admitting liability
f) Standards of Care

Section IX. Discovery Considerations
a) Preserved Information
b) Preparation for the issues to be presented
c) Witness Identification
d) Expert usage