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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Wednesday, December 8, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE webinar will guide attorneys for plaintiff or defense in the best strategies and practices for investigating a commercial motor vehicle case, with a particular focus on tractor-trailer accidents. The panel will discuss how counsel's leading or hands-on involvement in the investigation can increase the value of the plaintiff's case or be the key to substantially reducing the time and expense to the defense.

Faculty

Peter J. Kestner
Attorney
Penn Kestner & McEwen

Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. Prior to founding his law firm, Mr. Kestner served for 10 years as a claims adjuster and litigation manager with one of the largest tractor trailer insurers in the U.S. He now uses this defense experience to represent individuals injured by the negligent acts of trucking companies. Mr. Kestner has also served as personal counsel to policyholders in disputes with their insurers as well as serving as an expert witness in insurance litigation matters. He sits on the Executive Committee of AAJ’s Interstate Trucking Litigation Group, he is the Amicus Committee Chair for AAJ’s Interstate Trucking Litigation Group and its Special Project Director.

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Andy Young
Managing Partner
The Law Firm for Truck Safety, LLP

Mr. Young focuses his law practice on helping victims and survivors of truck crashes. His clients are pedestrians, bicyclists, motorcyclists, ordinary motorists, and even truck drivers all involved in catastrophic and fatal truck crashes. Due to the devastating nature of this work, Mr. Young has worked with the Insurance Institute of Highway Safety and other national safety advocacy groups to try to prevent these tragedies before they happen. He has even testified as a “Truck Safety Advocate” before the United States House of Representatives. Mr. Young is NBTA Board Certified in Truck Accident Law.

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Description

Litigation frequently follows a trucking accident with personal injury or property damage. Much of the evidence needed to pursue or defend claims gets cleared away from the scene quickly or goes unrecognized by non-attorneys. Careful and thorough investigation and inspection of the scene and vehicles often differentiate a satisfactory or disappointing result for either side.

Both plaintiff and defense counsel must be thoroughly familiar with the trucking company and drivers' requirements under the Federal Motor Carrier Safety Act regulations. Counsel should also understand the trucking business, trucking equipment, and the investigation process. Counsel should identify where requirements were overlooked, done incorrectly, or too late.

Counsel will benefit from retaining experts who can assist in identifying key issues and reduce the risk of missing pivotal evidence that may prove or disprove liability. What experts to hire and when is crucial. Furthermore, it is impossible to overstate the importance of counsel's being as hands-on as possible in all phases of investigation because only counsel may be able to recognize the legal significance of the evidence.

Listen as this experienced panel discusses how to properly investigate a trucking accident in light of either bringing or defending a personal injury case.

Outline

  1. Why investigating CMV/trucking cases is unique
  2. Collecting witness statements and reports
  3. Retaining experts and collecting data
  4. Items to inspect
  5. Records requests
  6. Spoliation and cooperation with opposing parties

Benefits

The panel will review these and other issues:

  • How can attorneys anticipate and plan for recurring problems in accident investigations?
  • What evidentiary issues arise when physical or electronic evidence is altered or damaged by first responders?
  • What qualifications should plaintiffs look for in an accident reconstructionist and other experts?
  • How does the pendency of criminal charges affect the investigation and access to evidence?
  • What types of mistakes typically occur without preparation?