deposing truck drivers and trucking company ...media. 7/19/2016 آ  deposing truck drivers and...

Download Deposing Truck Drivers and Trucking Company ...media. 7/19/2016 آ  Deposing Truck Drivers and Trucking

Post on 30-Dec-2019

0 views

Category:

Documents

0 download

Embed Size (px)

TRANSCRIPT

  • The audio portion of the conference may be accessed via the telephone or by using your computer's

    speakers. Please refer to the instructions emailed to registrants for additional information. If you

    have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.

    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

    TUESDAY, JULY 19, 2016

    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.

    Presenting a 90-Minute Encore Presentation of the Webinar with Live, Interactive Q&A

  • Tips for Optimal Quality

    Sound Quality

    If you are listening via your computer speakers, please note that the quality

    of your sound will vary depending on the speed and quality of your internet

    connection.

    If the sound quality is not satisfactory, you may listen via the phone: dial

    1-866-869-6667 and enter your PIN when prompted. Otherwise, please

    send us a chat or e-mail sound@straffordpub.com immediately so we can

    address the problem.

    If you dialed in and have any difficulties during the call, press *0 for assistance.

    Viewing Quality

    To maximize your screen, press the F11 key on your keyboard. To exit full screen,

    press the F11 key again.

    FOR LIVE EVENT ONLY

  • Continuing Education Credits

    In order for us to process your continuing education credit, you must confirm your

    participation in this webinar by completing and submitting the Attendance

    Affirmation/Evaluation after the webinar.

    A link to the Attendance Affirmation/Evaluation will be in the thank you email

    that you will receive immediately following the program.

    For additional information about continuing education, call us at 1-800-926-7926

    ext. 35.

    FOR LIVE EVENT ONLY

  • Program Materials

    If you have not printed the conference materials for this program, please

    complete the following steps:

    • Click on the ^ symbol next to “Conference Materials” in the middle of the left-

    hand column on your screen.

    • Click on the tab labeled “Handouts” that appears, and there you will see a

    PDF of the slides for today's program.

    • Double click on the PDF and a separate page will open.

    • Print the slides by clicking on the printer icon.

    FOR LIVE EVENT ONLY

  • 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

  • FRAMING THE CASE

    6

  • CONSIDERATION 1

    Truck crash cases Are NOT Car accident cases!

    7

  • CONSIDERATION 2

    Truck Crash Cases are

    Cases about Rules

    8

  • 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.

    9

  • 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.

    10

  • CONSIDERATION 3 It’s not about the driver. It’s about the company.

    11

  • 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

    12

  • THE TIMELINE

    13

  • DRIVER VS. COMPANY

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

    Company Driver

    14

  • “REQUIRE / PERMIT”

    15

  • CONSIDERATION 4

    “Driving a wedge”

    The Driver & The Company

    have different interests

    16

  • THE COMPANY DEPO: PREPARATION

    Safety Profile

    Documents via FOIA

    Company Websites

    News Coverage / Press Releases

    Sub-Industry Research

    Corporate Filings

    Company History

    17

  • COMPANY PREP, CONT.

    Background on Company Personnel:

    - Faces of the Company

    - Identified in responses

    - The Designee(s)

    18

  • COMPANY PREP, CONT.

    Written Discovery

    Discovery plan

    Early review

     Follow-up / Fight

    Records Custodian depo

    19

  • THE CORP REP DEPO

    Tactical Rules

    Admissions

    Driving the Wedge

    Informational

    Organization

    Terminology

    Operations

    20

  • 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

    21

  • THE CORP REP DEPO, CONT.  Issue #2: The Dozen Designees

     Background on everyone

     Identify the “Alpha”

     Confirm specialties & knowledge bases

     Individualize outlines

     Exploit divergence

    22

  • 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?

    23

  • 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

    24

  • THE CORP REP DEPO, CONT.

     Issue #5: Safety Culture

     What it’s not

     Safety vs. Compliance

     Customers vs. Motorists

     Budgets and Tools

    25

  • 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

    26

  • 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

    27

  • 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.”

    28

  • 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-driver