Litigating Trucking Cases: Utilizing and Defending Against Distracted Driving Allegations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss how driver distraction, and cell phone use in particular, impacts trucking cases and include tips for both defending against claims of driver distraction and establishing the plaintiff’s distraction as a contributing factor to the accident.
Outline
- Overview of distracted driving issues and their role in trucking litigation
- Discussion of gathering evidence during discovery to evaluate whether distraction played a role in the underlying accident
- Best practices for trucking defense counsel when both defending against claims of distraction and asserting distraction on the part of the plaintiff
Benefits
The panel will review these and other relevant topics:
- How the trucking company’s policies and procedures on cell phones and driving distraction can work both for and against you in the course of litigation
- Common methods used by plaintiff’s attorneys to claim that a commercial driver’s cell phone use contributed to the accident—even if he or she was not determined to be at fault by the investigating officer
- Tips and strategies for investigating and establishing plaintiff’s cell phone use at or near the time of the accident
Faculty
Whitney Lay Greene
Partner
Drew Eckl & Farnham
Ms. Greene is a civil litigation attorney, practicing primarily in the fields of general liability and workers'... | Read More
Ms. Greene is a civil litigation attorney, practicing primarily in the fields of general liability and workers' compensation defense. She works on behalf of one of the World’s largest retail organizations in the areas of transportation, premises liability, product liability, and professional negligence claims. Ms. Greene serves clients who manage a high volume of cases, handling files from the initial complaint through final resolution. She has significant experience positioning cases for dismissal on summary judgment and other cost-effective resolution options. In addition, she has taken and defended dozens of depositions (including medical and non-medical experts), handled numerous mediations, and represented clients at both the trial and appellate level.
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Melody C. Kiella
Partner
Drew Eckl & Farnham
Ms. Kiella specializes in all aspects of complex civil litigation and represents clients in connection with a broad... | Read More
Ms. Kiella specializes in all aspects of complex civil litigation and represents clients in connection with a broad spectrum of legal matters, including transportation/trucking law, personal injury, premises liability, catastrophic injuries, construction litigation, commercial litigation, breach of contract, and general liability. She has extensive experience in managing files from the pre-litigation stages through trial, which experience includes pre-litigation investigations, analysis of potential liability, and providing strategic advice to avoid possible future litigation; pre-litigation settlement negotiations; positioning cases for dismissal on summary judgment through investigation, discovery, depositions, and creative legal arguments; taking and defending depositions; participating in oral argument on dispositive motions and discovery motions; drafting answers, complaints, motions, briefs, motions in limine, and other pleadings filed at all stages of litigation; and coordinating with and using experts.
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