Litigating Trucking Accident Injury Claims: Theories of Liability, Impact of CSA Recordkeeping and Other Unique Issues

Plaintiff and Defense Strategies for Approaching Discovery, Pre-Trial Motions and Damages

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


Conducted on Wednesday, March 29, 2017
Recorded event now available


This CLE webinar 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. The panel will explain the impact of the Federal Motor Carrier Safety Administration requirements and other legal and practical considerations when bringing or defending trucking injury claims.

Description

Trucking accident cases are complex and involve legal and practical concerns that set them apart from other motor vehicle accidents. Among the challenges are the various theories of liability, and a multitude of potential defendants, such as drivers, owners, leasing companies and manufacturers.

Discovery offers many unresolved twists. The Federal Motor Carrier Safety Administration gathers carrier and driver data, and the impact of the accident data on litigation is a key consideration for both plaintiffs and defendants.

Damages in these cases often involve catastrophic injuries and very high damage claims. Knowledge of the Federal Motor Carrier Safety Regulations, CSA scores, jurisdiction specific fault allocation, and the role of insurance is of paramount importance to both plaintiff and defendant.

Listen as our panel of practitioners with experience representing trucking claims plaintiffs and defendants examines the special aspects of these cases that set them apart from other types of motor vehicle accidents. The panel will outline theories of liability, discovery considerations such as the potential impact of Federal Motor Carrier Safety Administration data, and legal and practical strategies for pursuing claims or defending against liability.

Outline

  1. Common causes of trucking accidents
  2. Theories of liability
  3. Overview of federal trucking safety regulations
  4. Practical concerns for the practitioner
    1. Post-crash inspection
    2. What to include in an investigation
  5. Discovery considerations
    1. CSA data
    2. Admissibility of “preventable” designation
    3. Conditional carriers
  6. Pretrial motions
  7. Broker and shipper liability

Benefits

The panel will review these and other key issues:

  • What are the rules that govern trucking safety?
  • What role does driver hiring, training and supervision play in determining liability?
  • What are the most common causes of trucking accidents?
  • What are the potential implications of Federal Motor Carrier Safety Administration data describing carriers and drivers?
  • How is liability assigned between multiple defendants?

Faculty

Robert R. Foos, Jr., Atty
Lewis Wagner, Indianapolis

Mr. 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. Prior to joining the firm, he served as In-House Counsel and acted as managing partner for a captive law firm in the insurance industry.

Michael J. Leizerman, Managing Partner
Leizerman & Associates, Toledo, Ohio

Mr. Leizerman’s entire caseload consists of catastrophic truck crash claims, including a recent settlement of $34 million and recent verdicts of $16 million, $13.2 million and $11 million. He was the first Chairman of the American Association for Justice's (AAJ) Trucking Litigation Group. He is the co-founder of the Academy of Truck Accident Attorneys and author of the three volume treatise Litigating Truck Accident Cases.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $197.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $197.00

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Recorded Audio Download (MP3) $197.00

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DVD (Slide Presentation with Audio) $197.00 plus $9.45 S&H

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Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

We got a lot out of the discovery considerations and applicable motor carrier safety regulations.

Howard Holden

Luks, Santaniello, Petrillo & Jones

I liked the practical and specific tips.

Natalie Lyons

The Cannon Law Firm

Great content, including everyday examples, provided by each speaker.

Tim Reed

Duncan Firm

Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.

David Lawrenz

Hinkle, Hensley, Shanor & Martin

The webinar was well-presented, interesting and informative.

Randi Saul-Olson

McKinney, Wainwright & Saul-Olson

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

Vandenberg & Feliu

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.