Deposing Truck Drivers and Trucking Company Representatives in - - PowerPoint PPT Presentation

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deposing truck drivers and trucking company
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Deposing Truck Drivers and Trucking Company Representatives in - - PowerPoint PPT Presentation

Aug 15, 2022 316 likes •689 views

Presenting a live 90-minute webinar with interactive Q&A Deposing Truck Drivers and Trucking Company Representatives in Injury Cases Questioning Deponents, Using Demonstrative Exhibits, Raising and Defending Objections, Dealing With

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Presenting a live 90-minute webinar with interactive Q&A

Deposing Truck Drivers and Trucking Company Representatives in Injury Cases

Questioning Deponents, Using Demonstrative Exhibits, Raising and Defending Objections, Dealing With Difficult Deponents, and More

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific WEDNESDAY, MAY 24, 2017

Timothy M. Whiting, Founding & Managing Partner, Whiting Law Group, Chicago J.J. Burns, Esq., Dollar Burns & Becker, Kansas City, Mo. Steven M. Gursten, Attorney, Michigan Auto Law, Farmington Hills, Mich.

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DEPOSING TRUCK DRIVERS & TRUCKING CO. REPRESENTATIVES

Steve Gursten (800) 968-1001 sgursten@michiganautolaw.com michiganautolaw.com Tim Whiting (312) 372-1655 twhiting@wlglaw.net wlglaw.net J.J. Burns (816) 876-2600 jjb@dollar-law.com truckcrashlawyers.com

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FRAMING THE CASE

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CONSIDERATION 1

Truck crash cases Are NOT Car accident cases!

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CONSIDERATION 2

Truck Crash Cases are Cases about Rules

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RICK FRIEDMAN SAYS A “RULE” SHOULD BE:

  • 1. Easy for jurors to understand.
  • 2. Hard to refute.
  • 3. Clearly violated by a Defendant.
  • 4. Important enough to matter.

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WHY RULES?

Framing the case to help jurors decide in our favor by

presenting fair rules of conduct.

 Preferably from unquestionable, credible sources. Violations of these rules needlessly endanger the public. And therefore, jurors have a reason to care because it

also affects them, their safety, and NOT just your client.

Allows jurors to use money, through their verdict, to be a

hero and improve their own safety and that of the community.

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CONSIDERATION 3

It’s not about the driver. It’s about the company.

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ROOT CAUSE(S)

Why the crash occurred What the Driver could have done to prevent the

crash

What the Company could have done to prevent

the crash

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THE TIMELINE

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DRIVER

  • VS. COMPANY

How much time did each have to understand, plan and react?

Company Driver

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“REQUIRE / PERMIT”

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CONSIDERATION 4

“Driving a wedge”

The Driver & The Company have different interests

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THE COMPANY DEPO: PREPARATION

Safety Profile Documents via FOIA Company Websites News Coverage / Press Releases Sub-Industry Research Corporate Filings Company History

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COMPANY PREP , CONT.

Background on Company Personnel:

  • Faces of the Company
  • Identified in responses
  • The Designee(s)

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COMPANY PREP, CONT.

Written Discovery Discovery plan Early review Follow-up / Fight Records Custodian depo

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THE CORP REP DEPO

Tactical

Rules Admissions Driving the

Wedge

Informational

Organization T

erminology

Operations

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THE CORP REP DEPO, CONT.

 Issue #1: The Know-Nothing  Research, Anticipate & Pre-empt  Make your record  Get rep’s background  Identify people with knowledge  Admissions

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THE CORP REP DEPO, CONT.

 Issue #2: The Dozen Designees  Background on everyone  Identify the “Alpha”  Confirm specialties & knowledge bases  Individualize outlines  Exploit divergence

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THE CORP REP DEPO, CONT.

 Issue #3: Company Knowledge of Crash and its own Investigation  Establish (in the abstract) company policy & purpose of crash

investigation

 Company’s determinations re: this crash?  Why was this crash not investigated / investigated differently?  How will the Company learn from this crash and prevent future similar

crashes?

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THE CORP REP DEPO, CONT.

 Issue #4: The Wedge  Force Company to choose: it either stands with its Driver, or it does

not

 Driver status post-crash  Specific language re: the Driver’s failures / misconduct  Specific language re: the Company’s innocence & specific efforts with

Driver / relevant safety issues

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THE CORP REP DEPO, CONT.

 Issue #5: Safety Culture  What it’s not  Safety vs. Compliance  Customers vs. Motorists  Budgets and Tools

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THE DRIVER: PREPARATION

Background Check

 Motor Vehicle Reports (MVR)  Criminal History  Social Media Research  Past Employers  Year and State obtained CDL  Search for Corporate or Business Affiliations  Previous Civil Litigation  Basic Asset Search

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DRIVER PREP , CONT.

Key FMCSRs

 General FMCSRs for Drivers

 § 382- Controlled Substance and Alcohol Abuse Testing  § 383- CDL Standards: Requirements and Penalties  § 390- FMCSR: Compliance  § 391- Qualifications for Drivers and LCV Driver Instructions  § 392- Regulations for Driving a CMV  § 393- Parts and Accessories for Safe Operation  § 395- Hours of Service of Drivers  § 396- Inspection, Repair, and Maintenance  § 397- Transportation of Hazardous Materials: Driving and Parking

 Key Point: truck driver should admit importance and applicability

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DRIVER PREP , CONT.

CDL Manual

Relevant CDL Sections Key Rule: “This section contains knowledge and safe driving information that all commercial drivers should know. You must take an exam on this information to obtain a CDL.”

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DRIVER PREP , CONT.

Other Authoritative Sources

Driver Training Manuals / Videos

Tractor-Trailer Driving Training Manual- J.J. Keller & Associates, Inc.

Accident Investigation Manual- North American Transportation Management Institute

Smith System Videos and Manuals- www.smith-system.com

FMCSA Commercial Driver’s License Manual https://www.fmcsa.dot.gov/registration/commercial-drivers- license/commercial-drivers-license-manual

Delmar’s Tractor-Trailer Truck Driver Training- Alice Adams

Preventability Manuals

Defensive Driving Course Manual- National Safety Council

Commercial Vehicle Preventable Accident Manual- J.J. Keller & Associates, Inc.

Trucking Company driver safety manuals / training materials

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THE DRIVER DEPO

1.

Common sense principles/truths that no one can credibly deny

2.

Conduct concerns choices

3.

Admissions re: rules, trucks, industry & company

4.

Company responsibility

5.

Relationships

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DRIVER’S KNOWLEDGE OF RULES

FMCSRs Require it Industry Standard of Care Industry Documents Company’s Own

Verification

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NEGLIGENT SUPERVISION & TRAINING

§ 390.3(e)(2): Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations… § 390.3(e)(1):Every employer shall be knowledgeable of and comply with all regulations…

  • “What does your company do, to

satisfy its duty to require

  • bservance of…”

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THE CRASH ITSELF

Timing for ultimate issue questions Open-ended questions Let the driver talk, then backtrack for details *Exception Put him/her back in the Driver’s seat Force the Driver out of the prepped response

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DRIVING THE WEDGE

Prime the Driver Company’s testimony Financial Information Post-crash status Pleadings Empower the Driver He/She is the authority on the road Excuse the Driver Company’s safety claims Other areas of divergence

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OTHER ISSUES

Fatigue Medical Conditions Drugs / Medications Cell Phone Passenger Weather Inspections / Maintenance Previous Careless Driving Record

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Steve Gursten (800) 968-1001 sgursten@michiganautolaw.com michiganautolaw.com Tim Whiting (312) 372-1655 twhiting@wlglaw.net wlglaw.net J.J. Burns (816) 876-2600 jjb@dollar-law.com truckcrashlawyers.com

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