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 WEDNESDAY, MAY 24, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: 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. 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 .
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DEPOSING TRUCK DRIVERS & TRUCKING CO. REPRESENTATIVES Steve Gursten (800) 968-1001 sgursten@michiganautolaw.com Tim Whiting michiganautolaw.com (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 The Driver & The Company have different interests “Driving a wedge” 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 Informational Rules Organization Admissions T erminology Driving the Operations Wedge 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 Common sense principles/truths that no one can credibly deny 1. Conduct concerns choices 2. Admissions re: rules, trucks, industry & company 3. Company responsibility 4. Relationships 5. 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
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