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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
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DEPOSING TRUCK DRIVERS &
TRUCKING CO. REPRESENTATIVES
Steve Gursten
(800) 968-1001
michiganautolaw.com Tim Whiting
(312) 372-1655
wlglaw.net
J.J. Burns
(816) 876-2600
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-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
29
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
30
DRIVER’S KNOWLEDGE OF RULES
FMCSRs Require it
Industry Standard of Care
Industry Documents
Company’s Own Verification
31
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 observance of…”
32
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
33
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
34
OTHER ISSUES
Fatigue
Medical Conditions
Drugs / Medications
Cell Phone
Passenger
Weather
Inspections / Maintenance
Previous Careless Driving Record
???
35
Steve Gursten
(800) 968-1001
michiganautolaw.com
Tim Whiting
(312) 372-1655
wlglaw.net
J.J. Burns
(816) 876-2600
truckcrashlawyers.com
36
