Anatomy Of A Trucking Case: Part 1, Rapid Response

So, I wish I could say this picture was staged, but it wasn’t.  I was sitting in my den the other night and my wife was reading to our boys before bed.  I just happened to look up when I saw them like this and realized what book she was reading.

You all know my passion for this industry and how much I love working with it.  I’m proud of it and talk to my boys about it all the time.  And I want others to feel that way too.  So for me, this is where it all starts…teaching about this industry when they’re young.  I hope you like this pic as much as I do.

In this blog post series, I’m going to cite some Mississippi cases to underscore some of the points I make. Hopefully they will prove helpful in any research you may need in your own case. Regardless, the “anatomy” of the trucking case will be very similar in whatever state you are in, and it’s likely you will have similar case law in your state for the points I make.

Honestly, I don’t know how many parts this blog series will be. I suspect about 4, but maybe a couple more. The topics you can expect to see are:

• Rapid Response to a claim
• Preliminary considerations once suit is filed and Discovery issues
• The use of CSA profiles in lawsuits
• Liability considerations, expert witnesses and damages
• Rapid Resolution of a claim

Regardless of how many it is, what I hope you find is some helpful information for the future.  In almost any trucking case you encounter, there are going to be strengths and weaknesses. Hopefully you will have more strengths than your weaknesses. But I guarantee you will have a day where the weaknesses are plenty! But almost always, you will at least have some of both.
Being aggressive in trucking cases provides the ability to cover up some weaknesses in the case, and provides a psychological advantage over plaintiff’s counsel. It’s the ole proverbial “punch ’em in the nose and water their eyes”. And this is where effective rapid response to an accident becomes important. Rapid response gives us that early knowledge of the facts and allows us to be aggressive.

I have a 6 page rapid response checklist that I carry to any accident. None of this stuff can ever be reduced to a checklist, but this gives me a great place to start and record my observations. If you would like a copy, shoot me an email and I’m happy to share.

Some of the key elements of a rapid response that I think are core can set up for an aggressive defense:

• Calling on an attorney to respond to an accident scene and assemble an investigation team may not always be possible. But when it is, it can be an invaluable tool to gathering all the evidence as early as possible.
• Photograph, photograph, photograph. With today’s digital cameras, space is not an issue, so take as many photographs as possible. But a word of caution….take meaningful photographs. Photograph the involved vehicles, relevant traffic signs and signals, points of impact, debris spread, road markings, etc.
• Obtain the names and contact information of anyone at the scene, and spend some time talking to them and being personal with them. This may include the drivers of the vehicles, witnesses, investigating officers, and emergency responders. These people will likely be witnesses later and they will remember the first impression you leave.
• Determine whether a drug/alcohol test is necessary for your driver. If it is not, I don’t feel it is prudent to have one done for the sake of it. But if it is required, it is important that you make sure it is conducted pursuant to the regs (blood test not required).
• Speak to investigating officers and point out evidence to them. Of course you shouldn’t impede their investigation; however, be useful to them. This is a great opportunity to spend some time with them and become comfortable. I would even suggest asking them for their impressions and share any disagreements that you may have. You never know what they may have missed or haven’t thought about.
• Obtain and preserve all documents related to the truck and load carried, including electronically stored information. Gather the driver’s logs, pre-trip inspection reports, maintenance records, and onboard computer data. And as soon as possible, initiate a download of the black boxes on the truck. This information may tell you facts that you can’t find anywhere else.
• Endear yourself to witnesses and interview them as soon as feasible. Like getting to know the officers, this gives you the first bite at gathering witness recollections. And afterwards, stay in touch and follow up with witnesses to share your findings and analysis. This can have a great psychological impact when the witnesses are later deposed.
• Speak to and interview the other accident victim(s) as soon as practical. This may not be at the accident scene depending on the severity of any injuries, but the sooner the contact can be made, the better. And when doing so, it is important to gather facts helpful for your defense, but be sympathetic and understanding. Express your care about their safety and condition and that you want to help put an end to an otherwise bad situation as peaceful as possible. This is a strategy being implemented in all sorts of personal injury environments (including medical malpractice errors) and has been shown to result in favorable outcomes for the defendants.
• Manage any tow carriers instead of the officer doing so. Tow charges can escalate quickly, and when possible, it is best for trucking representatives to arrange for towing. This goes for any HazMat cleanup as well.
• Document any freight damage and make arrangements for freight transport; Otherwise, a carrier may be subject to other cargo damages that weren’t necessary.

I have defended numerous claims, some severe, where a rapid response team was not called to the accident scene. And that happens. Most of the above can be carried out as soon as an attorney is involved in the matter, even if it is a year or so later. Regardless of when and what is capable of being performed, the point is to do it, do it early, and stay on top of it. That is where the value comes.