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Litigating Trucking Accident Injury Claims: Theories of Liability, Impact of CSA Recordkeeping, and More

Plaintiff and Defense Approaches to Discovery, Pre-Trial Motions, and Damages

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, August 28, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide personal injury counsel with a review of conventional theories of liability in trucking accident injury cases and discuss the complexities involved with litigating and settling claims. In addition, the panel will explain the impact of the Federal Motor Carrier Safety Regulations and other legal and practical considerations when bringing or defending trucking injury claims.

Description

Trucking accident cases are complex and involve legal and practical concerns that set them apart from other motor vehicle accidents. Among the challenges are the various theories of liability and many potential defendants, including drivers, owners, brokers, and others.

Discovery offers many unresolved twists. For example, the Federal Motor Carrier Safety Administration gathers carrier and driver data. The impact of this accident data on litigation is a crucial consideration for both plaintiffs and defendants.

Trucking accident cases often involve catastrophic injuries and very serious damages claims. Therefore, knowledge of the Federal Motor Carrier Safety Regulations, CSA scores, jurisdiction-specific fault allocation, and the role of insurance is of paramount importance to both plaintiffs and defendants.

Listen as our panel of practitioners with experience representing trucking claims on behalf of plaintiffs and defendants examines the aspects of these cases that set them apart from other types of motor vehicle accidents. In addition, the panel will outline theories of liability, discovery considerations, and legal and practical strategies for pursuing claims or defending against liability.

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Outline

  1. Common causes of trucking accidents
  2. Theories of liability
  3. Overview of federal trucking safety regulations
  4. Practical concerns for the practitioner
    1. Post-crash inspection
    2. What to include in an investigation
  5. Discovery considerations
    1. CSA data
    2. Admissibility of "preventable" designation
    3. Conditional carriers
  6. Pretrial motions
  7. Broker and shipper liability

Benefits

The panel will review these and other key issues:

  • What are the rules that govern trucking safety?
  • What role do driver hiring, training, and supervision play in determining liability?
  • What are the most common causes of trucking accidents?
  • What are the potential implications of Federal Motor Carrier Safety Administration data describing carriers and drivers?
  • How is liability assigned between multiple defendants?

Faculty

Cowen, Michael
Michael Cowen
Partner & Attorney
Cowen Rodriguez Peacock

Mr. Cowen is the Founding Partner of Cowen Rodriguez Peacock.  He attended law school at the University of...  |  Read More

Villanueva, Rey
Rey O. Villanueva
Shareholder
Golden Rothschild Spagnola Lundell Boylan & Garubo & Bell

Mr. Villanueva concentrates his practice in areas of General Liability, Construction, Labor & Employment, and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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