About the Course
Introduction
This CLE webinar will highlight considerations for plaintiffs’ counsel when investigating trucking accident claims, and considerations for insurer/defense counsel to avoid undervaluing claims and creating an elevated risk of a runaway verdict, punitive damages, or bad faith refusal to settle.
Description
Estimating a realistic amount to reserve, or to offer in settlement, for claims arising from a serious trucking accident can be complicated, particularly if there are numerous parties and insurers involved. The more realistic the estimate, the more quickly and efficiently a matter can be resolved for all parties. Even if suit is filed, a thorough review of all evidence is essential to evaluate the benefits of settlement over pointless litigation and claims for bad faith refusal to settle.
If the matter is tried to a jury, and plaintiffs are awarded an amount that exponentially exceeds economic losses or includes punitive damages, the defense may be surprised and quick to lay blame on plaintiffs’ trial tactics. However, defense-side commentators have acknowledged that sometimes adjusters or defense counsel fail to see the warning signs of mega-verdicts in trucking cases by not evaluating all evidence or acknowledging what the information reveals, leading them to undervalue a potential verdict and fail to settle when warranted.
Listen as this experienced panel of seasoned litigators offers guidance for accurately estimating the value of trucking accident claims, identifying risks that contributed to the accident, and reviewing key materials, including electronic logging devices, maintenance records, driver qualification files, hiring practices, etc.
Presented By
Mr. Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. He is co-founder of the law firm McEwen & Kestner and recently a founder of a national trucking practice with Penn, Kestner & McEwen. Mr. Kestner earned his B.S. from Skidmore College in 1989, and his J.D. from William Mitchell College of Law in 2001. He is the current chair of the Academy of Truck Accident Attorneys (ATAA), past chair American Association of Justice's (AAJ) Interstate Trucking Litigation Group, he is a member of the Amicus Committee for AAJ's Interstate Trucking Litigation Group and he also holds a Chartered Property & Casualty Underwriter (CPCU) professional designation in insurance. Mr. Kestner has litigated truck accident cases in 24 different states in both State and federal Court. He is also Board Certified in Truck Accident Litigation in Minnesota by the National Board of Trial Advocates (NBTA).
Mr. Petrilli is an active litigator and trial lawyer who spearheads HKR’s high exposure/excess litigation Team and the Fraud and Casualty practices. His practice focuses on clients within the insurance industry, including complex commercial disputes, property/casualty claims, and the investigation of potential fraud. Mr. Petrilli prides himself on providing creative solutions and aggressive witness confrontation, drawing upon his experience prosecuting and defending cases involving catastrophic injuries, extracontractual matters, professional liability, insurance fraud, coverage disputes, UM/UIM, automobile, product liability, construction site accidents, and general liability defense.
Mr. Roberts specializes in representing the victims of trucking and tractor trailer accidents. As a licensed commercial truck and motorcycle operator, he has unique insight into crashes involving these vehicles. Mr. Roberts also concentrates his practice in the areas of wrongful death and catastrophic personal injuries from automobile, truck and motorcycle crashes, as well as construction site accidents.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, June 18, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Why investigating CMV/trucking cases is unique
II. Items to inspect
III. Identifying high risk/exposure cases
A. Prior similar incidents; driver and carrier
B. Unaddressed safety violations
C. FMCSA hours of service rules, oversight, and log integrity
D. Company dispatching, scheduling, and load policies and practices that may signal “profit-over-safety”
E. Maintenance and inspection records
F. Driver qualification standards
G. Driver compensation structures that reward speed over safety
H. Hiring, onboarding, training, and supervision
I. Electronic logging device (ELD) data
J. Post-incident conduct: damage control v. safety correction, "rogue driver"narrative
The panel will review these and other important issues:
- How can a realistic and timely valuation of a claim help avoid a runaway verdict?
- What are the warning signs for a potential punitive damages award, whether awarded overtly or as part of non-economic damages?
- What are the different legal standards used to establish insurer bad faith for refusal (or failure) to settle?
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