Motor Carrier Claims for Negligent Entrustment, Hiring, Training, and Retention

Discovery, Apportionment of Fault, Strategies for Averting Punitive Damages, and More

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


Conducted on Wednesday, March 17, 2021

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide personal injury counsel through the claims; historical, emerging, and waning defenses; and the impact of suspension in 2020 of "hours of operations" regulations for certain types of drivers on proving or defending negligent entrustment, hiring, training, or retention claims against motor carriers, commercial drivers, and insurance companies in the wake of an accident.

Description

A trucking company's liability for negligent entrustment, hiring, or retention may result in increased compensatory damages, punitive damages, expanded discovery, and evidentiary and admissibility advantages for the victim. From the plaintiff's side, these claims are expensive and time-consuming.

In many jurisdictions, however, defendant trucking companies can avoid the risk of punitive damages by admitting vicarious liability for their driver's negligence under the theory of respondeat superior since this admission would prevent victims from also pursuing negligent entrustment, hiring, or retention claims. Likewise, the normal "hours of operation" limits for drivers were suspended for certain transport types, resulting in a greater potential for accidents.

Other jurisdictions allow the allegations to be made simultaneously, and more are joining that trend. Understanding how different state courts address this issue is critical to establishing your litigation strategy to avoid admitting liability without achieving any benefit.

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 the risk of negligent entrustment, hiring, and retention claims

Benefits

The panel will review these and other crucial 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, and how does the plaintiff's counsel respond to these defenses?
  • Thinking outside the box regarding potential claims in a truck case--maximize the recovery for your client

Faculty

Latimer, Walter
Walter G. Latimer

Shareholder
Fowler White Burnett

Mr. Latimer is an AV-rated trial lawyer who focuses his practice on complex high-exposure transportation, toxic tort,...  |  Read More

Renda, Bruno
Bruno Renda

Shareholder
Fowler White Burnett

Mr. Renda is a shareholder in the Insurance Practice Group in the Fort Lauderdale and Miami offices. He is a civil...  |  Read More

Access 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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