Busy Autumn Teaching Truck Crash Law – part 2
Each of the eight lawyers at The Law Firm for Truck Safety and one of our paralegals have participated in and continue to educate other law firms throughout the country this fall. This article starts with the first event from September 22, 2021. This autumn intensive teaching time continues.
Seven different legal organizations have hosted and continue to host various continuing legal education opportunities where our law firm spoke or presented papers. These organizations are:
- Academy of Truck Accident Attorneys
- Oklahoma Association for Justice
- Ohio Association for Justice
- Nevada Justice Association
- The Melvin M. Belli Association
- American Association for Justice Trucking Litigation Group
- Texas State Bar
Oklahoma Association for Justice – Truck Crash Law Seminar – Oklahoma City, Oklahoma
On September 30th, The Law Firm for Truck Safety had the honor and privilege to educate members of the Oklahoma Association for Justice at the historic Skirvin Hotel in Oklahoma City. 70 attorneys from the Oklahoma Association for Justice paid to attend this all-day event. The faculty for this event was exclusively from our law firm. We had four of our law firm’s attorneys (Joe Ervin, Michael Leizerman, Andy Young, and Rena Leizerman) served as the faculty.
What are the trucking standards of care? Joe Ervin kicked off this lecture series with an introduction to handling truck crash cases, including pitfalls to avoid. This talk began with an explanation that trucks are heavier, larger, more difficult to maneuver, and take more time to stop. Due to the enormous mass of a truck versus a car, truck companies and their drivers are required to follow a host of rules, regulations, customs, and practices unique to driving a truck or running a truck company.
Investigation. Michael spoke on how to fully investigate a truck crash. The investigation includes preserving evidence, gathering information from government websites, industry websites, reading the post-crash inspection reports, sending Freedom of Information Act requests, and sending out comprehensive written discovery.
Using Trucking Technology. Andy participated in a lecture with Michael on the use of trucking technology to prove your case. This includes gathering and downloading all available computer data. They went into detail about the “black box” information available on a truck and a car. Andy and Michael also discussed dashcam and drivecam video monitoring, as well as in-cab satellite communications, driver monitoring technology, and crash avoidance technology.
Deposing the Truck Driver and Safety Management. This talk detailed a recent trial victory our law firm had in Fargo, North Dakota. It went into depth about a company’s failure to train and failure to have a training program for its transport drivers. Numerous deposition clips were given as examples to highlight not only what to do, but how to do it.
Maximizing Damages in Truck Cases. Michael spoke about the importance of functional loss instead of medical diagnosis, how to maximize value in a variety of cases from the herniated disc case to a wrongful death. He walked attendees through client preparation, deposition, and trial.
What You Need to Know About Broker Liability. Rena addressed this complex truck crash litigation topic. She discussed potential broker liability through agency and negligence causes of action, the current state of the law, and provided attendees with practical advice.
Ethics Issues in Trucking Case. Rena gave this presentation too. She began with practical knowledge about the issue of misprision of a felony, and then moved to rapid-fire professional responsibility topics, including technological competence, ethical use of social media, establishing ethical co-counsel relationships and settlement negotiations.