Motor Carrier Claims for Negligent Entrustment, Hiring and Retention

Navigating Discovery, Apportionment of Fault, Impact of Motor Carrier's Admission of Vicarious Liability, and More

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


Conducted on Wednesday, August 16, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to personal injury counsel for proving or defending claims against motor carriers and insurance companies for negligent entrustment, hiring or retention of a truck driver in the wake of a trucking accident. The panel will discuss the elements of each claim, defense theories, discovery strategies, how fault may be apportioned between the driver, motor carrier and insurance company, and the impact of a motor carrier’s admission of vicarious liability.

Description

Motor carriers are legally required to examine the driving and safety history of their drivers before entrusting the operation of large trucks to them. When trucking accidents happen, injury victims often file claims against the motor carrier and insurance company alleging vicarious liability for the driver’s negligence as well as negligent entrustment, hiring or retention for knowingly entrusting the operation of the truck to a driver who was not capable or qualified to safely operate the vehicle.

In many jurisdictions, a motor carrier’s admission of vicarious liability, i.e., respondeat superior, prevents victims from also pursuing negligent entrustment, hiring or retention claims. Other jurisdictions allow the allegations to be made simultaneously. Understanding how courts in your state address this issue is key to establishing your litigation strategy.

Success on negligent entrustment, hiring or retention claims may result in increased compensatory damages, the potential for punitive damages, expanded discovery, and evidentiary and admissibility advantages for the victim. However, proving or defending these claims can be time consuming and expensive.

Listen as our authoritative panel discusses the latest developments in negligent entrustment, hiring or retention claims against motor carriers and insurance companies, and best practices for discovery, trial and apportioning fault.

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Outline

  1. Negligent entrustment, hiring and retention—elements of each claim
  2. Defense theories
  3. Discovery strategies
  4. Apportioning liability and damages between driver, motor carrier and insurance company
  5. Impact of a motor carrier’s admission of vicarious liability on negligent entrustment, hiring and retention claim
  6. Best practices for defense counsel to minimize risk of negligent entrustment, hiring and retention claims

Benefits

The panel will review these and other key issues:

  • What makes negligent entrustment, hiring or retention claims unique and challenging for personal injury plaintiff and defense counsel?
  • What are the legal and practical considerations for personal injury attorneys pursuing negligent entrustment, hiring or retention claims?
  • What defenses are often raised in negligent entrustment, hiring or retention claims?

Faculty

J. Kent Emison
J. Kent Emison

Partner
Langdon & Emison

A Fellow in the International Academy of Trial Lawyers and a frequent lecturer to bar associations and trial lawyer...  |  Read More

Patrick E. Foppe, Esq.
Patrick E. Foppe, Esq.

Lashly & Baer

Mr. Foppe practices in civil litigation and represents corporate clients and insurance companies, frequently handling...  |  Read More

Matthew Wright
Matthew Wright

Founder
Wright Law

Mr. Wright’s practice is focused on representing trucking accident victims. He has served on the Board of...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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