Audio CD + Course Book

Truck Accident Litigation From A to Z

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77220CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Truck Accident Litigation From A to Z, held December 2017.

Program Description

Truck injury cases are "bigger" than traditional auto accidents; they involve multiple parties, heightened regulations, intensive investigations, and more severe injuries. Most importantly, truck accidents involve higher stakes - which is why a lost case can spell disaster for you and your clients. This focused legal guide will provide you with the specialized knowledge and strategies you need to position your CMV accident cases for optimal success from start to finish. Don't miss out on this opportunity to enhance your practice and confidently tackle these intricate and pivotal cases - order today!

Course Content

  1. Who's at Fault? Applying the Theories of Liability and Insurance Coverage Investigation
  2. Using FMCSRs and Other Trucking Laws/Regs to Support Your Case
  3. Investigation, Authentication and Admissibility of Truck Accident Evidence
  4. Calculating and Negotiating Damages in CMV Accidents
  5. Truck Accident Witness Strategies for the Plaintiff and Defense
  6. Trial Strategies for the Plaintiff and Defense
  7. Ethical Issues and Solutions

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. Who's at Fault? Applying the Theories of Liability and Insurance Coverage Investigation
    9:00 - 9:45, Written by Cooper Ellenberg. Presented by Cooper Ellenberg in Mobile and Birmingham.
    1. Trucker and Trucking Company
    2. Broker/Freight Forwarder/3PLs
    3. Shipper
    4. Truck Inspector or Repair/Maintenance Facility
    5. Products Liability - Manufacturer of Truck, Truck Components
    6. Shared Blame, Joint and Several Liability
    7. Does a Non-Trucking Liability Apply?
    8. Trucking Insurance Examination - Form MCS-90 and More
    9. Workers' Comp Considerations
    10. Impact of State Anti-Indemnity Statutes on Defense and Sharing of Risks
  2. Using FMCSRs and Other Trucking Laws/Regs to Support Your Case
    9:45 - 10:45, Written by Jeremy W. Richter. Presented by Jeremy W. Richter in Mobile and Birmingham.
    1. Legal Update - CSA, SAFER, PSP and More
    2. Key Federal Motor Carrier Safety Regulations (FMCSR)
    3. Hours of Service
    4. Truck Driver Qualification, Supervision and Retention
    5. Trucking Company Training Requirements and Programs
    6. Truck Safety Standards
    7. State and Local Regulations
    8. Key Jurisdictional Issues - Which State's Laws Apply?
  3. Investigation, Authentication and Admissibility of Truck Accident Evidence
    11:00 - 12:00, Written by Jeremy W. Richter. Presented by Jeremy Richter in Mobile and Birmingham.
    1. Applicable FMCSR and Gathering Information via Requests, FOIA, the Internet
    2. Evidence Preservation and Spoliation Claims
    3. Accident Site Investigation, Accident Reports
    4. FMCSA Compliance Records and Admissibility of CSA, SAFER Data, etc.
    5. Company Policies/Procedures, Driver Qualifications, Training, Safety, Monitoring and Discipline Docs
    6. Medical Evaluations of Trucker
    7. Hours of Service Documents
    8. Driver Logbooks
    9. Cell Phone Records, GPS and ECM/Black Box, DriveCam, Other Telematics
    10. Truck Inspection, Maintenance and Shipping Records
  4. Calculating and Negotiating Damages in CMV Accidents
    1:00 - 1:45, Written by Justin I. Hale. Presented by William J. Gamble Jr. in Mobile and Justin I. Hale in Birmingham.
    1. Using Medical Records, MRIs and CT Scans to Calculate Damages
    2. Economic: Future Medical Expenses, Lost Earnings and Earning Capacity
    3. Pain and Suffering Damages
    4. Punitive Damages
    5. Evaluation of Traumatic Brain Injury Damages
    6. Wrongful Death Damages
    7. Depositions of Lay Damage Witnesses
    8. Preparation and Examination of Damages Experts (Life Care Planners, Economist, Medical Doctors, etc.)
  5. Truck Accident Witness Strategies for the Plaintiff and Defense
    1:45 - 2:15, Written by Cooper Ellenberg. Presented by Cooper Ellenberg in Mobile and Birmingham.
    1. Depositions of the Motor Carrier and its Employees
    2. Law Enforcement Officers, CMV Inspectors and Accident Reconstructionists
    3. Truck Safety/Training/Regulation Expert Witness
    4. Load and Cargo Securement - Admission/Authentication of Expert Testimony
    5. Human Factors and Conspicuity Experts
  6. Trial Strategies for the Plaintiff and Defense
    2:15 - 3:15, Written by Keri Donald Simms. Presented by William J. Gamble Jr. in Mobile and Keri Donald Simms in Birmingham.
    1. Venue, Removal, Remand and Forum Non Conveniens
    2. Top Mistakes Attorneys Make in Truck Cases
    3. Creatively Utilizing Motions in Limine and Other Pretrial Motions
    4. Voir Dire - Overcoming Bias Towards Trucks/Trucking
    5. Opening Statements - What Works vs. What Doesn't in Truck Cases
    6. Exhibit Strategies: Hours of Service Violations, Driver Fatigue, Brake Adjustment, Animations, Simulations and Damages Exhibits
  7. Ethical Issues and Solutions
    3:30 - 4:30, Written by Justin I. Hale. Presented by William J. Gamble Jr. in Mobile and Justin I. Hale in Birmingham.
    1. Conflict of Interest Traps for Both Sides
    2. Insurance Coverage Issues
    3. Lien Resolution
    4. Settlement and Negotiations

COOPER ELLENBERG is an attorney at the Moore Law Group, LLC, where he represents plaintiffs and their families in their claims against commercial motor vehicle drivers, carriers, shippers, and brokers. He is especially interested in the emerging areas of chameleon/reincarnated carrier identification and liability, increased mandatory carrier insurance minimums, and federal preemption issues created by the Federal Motor Carrier Safety Act and Regulations. Mr. Ellenberg also, on occasion, represents plaintiffs in other types of catastrophic injury and wrongful death cases. He is a member of the U.S. District Court for the Northern and Middle districts of Alabama, and Northern and Southern districts of Mississippi. Mr. Ellenberg also has been admitted pro hac vice in Tennessee and Illinois. He is a member of the Alabama State Bar, The Mississippi Bar, American Association for Justice, Alabama Association for Justice, and Mississippi Association for Justice. Mr. Ellenberg also is a member of the Interstate Trucking Section of the American Association for Justice. He earned his undergraduate degree from Clemson University and his law degree from the University of Alabama School of Law. (Mobile and Birmingham locations)

WILLIAM J. GAMBLE JR. is a partner in the litigation group in the Mobile office of Phelps Dunbar LLP. His practice focuses on corporate disputes, shareholder claims, breach of contract, breach of warranty, fraud, professional liability and bad faith claims. His practice also focuses on personal injury claims, including defense of products liability, premises liability, wrongful death, automobile accidents, trucking accidents, workers' compensation and health care claims. Mr. Gamble also regularly defends construction defect claims, including defense of developers, manufacturers, professional engineers, general contractors, sub-contractors and equipment suppliers. He is registered on the Alabama State Court Mediator Roster. Mr. Gamble earned his B.A. degree, with honors, from the University of North Carolina at Chapel Hill and his J.D. degree from the University of Alabama. He is a member of the Alabama State Bar, The Florida Bar, Mobile Bar Association, Escambia/Santa Rosa Counties (Florida) Bar Association, Paul Brock Inns of Court, Alabama Defense Lawyers Association, and Mobile County Pro Bono Program. Mr. Gamble is admitted to practice in Alabama and the U.S. District Court, Southern, Middle and Northern districts of Alabama; Florida and the U.S. District Court, Northern and Southern districts of Florida; and the U.S. Court of Appeals, Eleventh Circuit. (Mobile location)

JUSTIN I. HALE is a shareholder at the law firm Stockham, Cooper & Potts, P.C. His litigation practice is primarily focused on the defense of personal injury, product liability, premises liability, toxic tort claims, insurance first-party and third-party litigation, transportation, and insurance coverage matters. He has successfully obtained summary judgments on behalf of his clients, as well as defense verdicts at trial. Mr. Hale is admitted to practice before the Northern District and Middle District Courts of Alabama, as well as all the Alabama State Courts. He is a member of the Alabama State Bar, Alabama Defense Lawyers Association, and the Defense Research Institute. He was selected as a Rising Star by Alabama Super Lawyers for 2012 through 2016. Mr. Hale earned his B.A. degree in history from Samford University and his J.D. degree from Cumberland School of Law, Samford University. During his time at Cumberland, Mr. Hale served as an associate editor of the American Journal of Trial Advocacy. He was also selected by the school’s faculty to participate in the Judge Abraham Caruthers Teaching Fellowship. (Birmingham location)

JEREMY W. RICHTER is an attorney who practices in civil litigation at Webster, Henry, Bradwell, Cohan, Speagle & DeShazo, P.C., with a focus on personal and commercial transportation, general business liability, and premises liability. He has recently authored “Driving While Exposed: The Applicability of the HIPAA Privacy Rule to DOT Medical Examination Records”; "Parsing Pell to Provide Context: What Constitutes an Unusual Obstacle or Obstruction?"; and “Regarding the Admissibility as Evidence of DOT Post-Accident Drug Screens”. He regularly posts about bodily injury, insurance defense, and law practice management topics on his law blog. He is a member of the Alabama State Bar, the Alabama Defense Lawyers Association, the Claims and Litigation Management Alliance, and the National Association of Subrogation Professionals. Mr. Richter is admitted to practice law in the state of Alabama, and United States District Courts and Bankruptcy Courts (N.D. and M.D. Ala.). He earned his B.S. degree from Tennessee Temple University; his M.A. degree from the University of Alabama at Birmingham; and his J.D. degree from Samford University School of Law. (Mobile and Birmingham locations)

KERI DONALD SIMMS is a partner in the Alabama law firm of Webster, Henry, Bradwell, Cohan, Speagle & DeShazo, P.C., where he practices in the areas of automotive and commercial transportation, construction defect litigation, complex insurance coverage matters, complex litigation, product liability litigation, fraud misrepresentation, and bad faith first party insurance. Mr. Simms is a member of the Alabama State Bar, the Birmingham Bar Association, the American Bar Association (Commercial Transportation Committee), the Alabama Defense Lawyers' Association, the Defense Research Institute (Commercial Transportation Committee), the Alabama Claims Association, and the Atlanta Claims Association. He earned his B.S. degree, magna cum laude, from the University of Alabama and his J.D. degree from the University of Alabama School of Law. (Birmingham location)

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Phone: 866-240-1890

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