Truck Accident Litigation From Start to Finish

Agenda / Content Covered

1. Applying Federal Motor Carrier Safety Regs to Your Case
   10:00 - 11:00, Todd I. Shugart
   1. Key FMCSR You Need to Know
   2. Truck Driver Qualification, Training, Supervision, and Retention
   3. Driving Regulations
   4. Drug Regulations; Use of Cellphones
   5. Fatigue and Hours of Service
   6. Load Securement
   7. Inspection, Repair, and Maintenance
   8. State Trucking Laws and Regulations
   9. Handling Choice of Law Issues
2. Truck Accident Investigation and Discovery Gems
   11:15 - 12:15, Robert J. Kasieta
   1. Preserving Evidence (w/Sample Letters)
   2. Emergency Response Program for Defense Counsel
   3. Accident Site Investigation
   4. Accident Reports and Law Enforcement Records
   5. Gathering Information via Requests, FOIA, the Internet
   6. FMCSA Compliance Records; CSA, SAFER Data, etc.
   7. Company Policies/Procedures, Driver Qualifications, Training, Safety, Monitoring, and Discipline Docs
   8. Hours of Service Documents
   9. Driver Logbooks
   10. Phone Records, GPS, and ECM/Black Box, DriveCam, Other Telematics
   11. Truck Inspection, Maintenance, and Shipping Records
   12. Motor Carrier and Driver Depositions: Questions to Ask
3. Determining Coverage, Calculating, and Negotiating Damages
   12:15 - 1:30, Robert J. Kasieta
   1. Pinning Down Liability (Trucker, Trucking Company, Broker, etc.)
   2. Assessing Insurance Coverage
   3. Medical Records and Bills
   4. Future Medical Expenses, Lost Earnings, and Earning Capacity
   5. Pain and Suffering Damages
   6. Punitive Damages for Regulatory Violations
   7. Evaluation of Traumatic Brain Injury Damages
   8. Wrongful Death Damages
   9. Tips for Negotiating Truck Accident Claims
   10. Sample Truck Accident Demand Letter
4. Using and Deposing Expert Witnesses in Truck Accident Cases
   2:00 - 2:45, Marvin S. Haber
   1. Who to Retain, When, and Where to Find a Good Expert
   2. Doctors and Damages Experts
   3. CMV Inspectors and Accident Reconstructionists
   4. Truck Safety/Training/Regulation Expert Witness
   5. Load and Cargo Securement Expert Testimony
   6. Human Factors and Conspicuity Experts
   7. Sample Deposition Questions
5. Trying a Trucking Case
   3:00 - 4:00, Marvin S. Haber
   1. Trial Prep Pointers
   2. Admissibility Issues in Trucking Cases: Handling Motions in Limine and Objections
   3. Voir Dire/Jury Selection
   4. Opening Statements: What Works in Trucking Cases
   5. Truck Accident Evidence/Exhibit Presentation
   6. Direct and Cross-Exam Tips
   7. Sample Closing Arguments and Jury Instructions
   8. Top Trial Mistakes Attorneys Make in Trucking Cases
6. Legal Ethics
   4:00 - 5:00, Marvin S. Haber
   1. Conflicts of Interest
   2. Obligations to Third Parties
   3. Attorneys' Fees
   4. Ethical Issues in Catastrophic Injury or Wrongful Death Cases

Accreditation Details:

Carlton D Fisher is a partner in the national law firm of Hinshaw & Culbertson LLP, where he chairs the Transportation Practice Group. In his CLE presentations, Mr. Fisher has instructed on topics, such as federal court removal, trial advocacy, evidence, jury instructions, and hindsight bias in juror decision making. He represents transportation and service companies throughout the United States. Mr. Fisher is admitted in the state and federal courts of Illinois and has appeared pro hac vice in more than 25 states. Since appearing in more than 250 courts-martial as a Marine Corps judge advocate, he has tried nearly 100 civil jury trials to verdict in 10 different states. Mr. Fisher is a fellow of the American College of Trial Lawyers. He earned his B.A. degree, with high honors, and his J.D. degree from the University of Illinois.

Robert J Kasieta is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the Eleventh Circuit, U.S. Court of Appeals for the Seventh Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

Todd I Shugart is an attorney with Scholle Law, a firm practicing primarily in personal injury and wrongful death cases. His first exposure to personal injury law was with nationally renowned law firm of Spence, Moriarity & Schuster. There he worked closely with Bob Schuster as well as Gerry Spence, the founder of the Trial Lawyer's College. Mr. Shugart then worked as an Assistant United States Attorney, handling complex and voluminous white-collar cases involving fraud, cyber intrusion, trademark and copyright violations as well as large-scale drug conspiracies and violent crime. He earned his B.A. degree from Baker University and his J.D. degree from the University of Wyoming College of Law. He is a member of the State Bar of Georgia, and the Tennessee, Colorado and Wyoming State bar associations.