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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

    Tuesday, June 18, 2019

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

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


  • Live Online


    On Demand

$197.00

This course is $0 with these passes:

CLE
ALL

This CLE course will discuss best practices to preserve critical evidence in trucking injury cases. The panel will explain the components of an effective spoliation letter, significant evidence needed in trucking accident cases, and strategies for challenging the destruction of evidence after issuance of a spoliation letter.

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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Bryan M. Roberts
Shareholder
Stark & Stark

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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Description

Immediately preserving evidence is crucial in trucking accident cases. Truck drivers and motor carriers are legally obligated to maintain certain driving records for a prescribed period of time. These documents contain critical information that can help prove negligence, including evidence of driver fatigue or an overloaded tractor trailer. Counsel must request these documents quickly because waiting too long after an accident can doom a case.

The best way for personal injury lawyers to protect and secure key evidence is to issue a preservation of evidence letter--also called a spoliation letter--right away. The spoliation letter requires trucking companies to preserve critical evidence that they might otherwise destroy. Failure to preserve documents and information in response to a spoliation letter could result in an adverse ruling, discovery sanctions or criminal liability for the trucking company.

A carefully constructed preservation letter can help personal injury attorneys prove "notice" in a later spoliation claim over missing evidence.

Listen as our panel of experienced trucking injury litigators examines legal and practical strategies for preserving key evidence in trucking accident cases. The panel will discuss documents and information that should be requested in the spoliation letter and best practices for leveraging the preservation letter in future disputes over missing evidence.

Outline

  1. Key evidence in trucking injury cases
    1. Motor carrier certificates and filings
    2. Downloaded data from the engine control module
    3. All documents required by federal law (driver's qualifications, driver's logs, etc.)
  2. Drafting a comprehensive spoliation letter: best practices
  3. Challenging the destruction of evidence: considerations

Benefits

The panel will review these and other key issues:

  • What types of evidence should personal injury attorneys request from truck drivers and trucking companies immediately following a trucking accident?
  • What are some best practices for personal injury attorneys when drafting spoliation letters?
  • What tactics should personal injury attorneys use if they believe evidence has been destroyed in violation of a spoliation letter?