Cross-Examination of Plaintiff's Trucking Safety Expert: Neutralizing the False Narrative of Unsafe Operations

Preparing to cross-examine the plaintiff's safety expert begins on the first day of the case. Thorough knowledge of the defendant driver, the company, and the facts gained from interaction with the defendants is critical. Equally important is the knowledge of the safety expert. Many plaintiffs' safety experts appear in numerous cases and may be less prepared. Having complete knowledge of their testimonial history is invaluable.

Defense counsel will benefit from determining if courts have limited or stricken the expert's opinions and contacting the attorney who successfully limited the testimony. A safety expert may have testified in support of the current defense position in a prior case for the plaintiff. Shifting testimony can indicate to the court that the expert may tailor opinions to fit the client's needs.

Dissecting the safety expert's report is both an art and a skill. Where the expert lacks all of the information, the defense can get an admission that the expert did not have the whole story from the plaintiff and exploit that fact to the advantage of the defense. Counsel should also examine the reports to identify where the expert's testimony was contradictory in different cases with similar facts.

Listen as this experienced panel shows how to establish the expert's bias, demonstrate the expert's shaky foundation, and get the plaintiff's safety expert to help tell the defense narrative to the jury.