Attorney Investigation of CMV Accidents: Strategies for Identifying Key Issues, Recognizing Pivotal Evidence

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, December 8, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE webinar will guide attorneys for plaintiff or defense in the best strategies and practices for investigating a commercial motor vehicle case, with a particular focus on tractor-trailer accidents. The panel will discuss how counsel's leading or hands-on involvement in the investigation can increase the value of the plaintiff's case or be the key to substantially reducing the time and expense to the defense.


Litigation frequently follows a trucking accident with personal injury or property damage. Much of the evidence needed to pursue or defend claims gets cleared away from the scene quickly or goes unrecognized by non-attorneys. Careful and thorough investigation and inspection of the scene and vehicles often differentiate a satisfactory or disappointing result for either side.

Both plaintiff and defense counsel must be thoroughly familiar with the trucking company and drivers' requirements under the Federal Motor Carrier Safety Act regulations. Counsel should also understand the trucking business, trucking equipment, and the investigation process. Counsel should identify where requirements were overlooked, done incorrectly, or too late.

Counsel will benefit from retaining experts who can assist in identifying key issues and reduce the risk of missing pivotal evidence that may prove or disprove liability. What experts to hire and when is crucial. Furthermore, it is impossible to overstate the importance of counsel's being as hands-on as possible in all phases of investigation because only counsel may be able to recognize the legal significance of the evidence.

Listen as this experienced panel discusses how to properly investigate a trucking accident in light of either bringing or defending a personal injury case.



  1. Why investigating CMV/trucking cases is unique
  2. Collecting witness statements and reports
  3. Retaining experts and collecting data
  4. Items to inspect
  5. Records requests
  6. Spoliation and cooperation with opposing parties


The panel will review these and other issues:

  • How can attorneys anticipate and plan for recurring problems in accident investigations?
  • What evidentiary issues arise when physical or electronic evidence is altered or damaged by first responders?
  • What qualifications should plaintiffs look for in an accident reconstructionist and other experts?
  • How does the pendency of criminal charges affect the investigation and access to evidence?
  • What types of mistakes typically occur without preparation?


Kestner, Peter
Peter J. Kestner

McEwen & Kestner

Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for...  |  Read More

Young, Andy
Andy Young

Managing Partner
The Law Firm for Truck Safety

Mr. Young focuses his law practice on helping victims and survivors of truck crashes. His clients are pedestrians,...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video