There’s A Snake On The Plane And You’re Invited!!!

I’m all about shock value.  So if I get your attention with my blog titles, I’ve won!  Now please read on because it’s worth it…

Consider this a PSA post for now, opposed to a how-to practical advice post that I usually strive for.

I see more and more trucking claims and cases that you would think are “slam dunk defense wins, they’ll never file suit, we aren’t at fault” accidents.  Take for example that YOUR truck gets rear-ended by someone.  You’re good right? Yet the plaintiffs and their attorneys sue you.  Trust me, it happens often.  I’m actually in the process of putting together a presentation on this topic for speaking at a trucking conference at a later date.  Let me know if you’re interested in hearing more about it and I’m happy to share the presentation PowerPoint when it’s done.

When this happens, I feel the anger of my clients.  They take it out on me (everyone loves to pick on the lawyers right).  And I can be the middle-man punching bag.  That’s okay and what I get paid for.  But you wonder…why are they filing this suit?  Why in the hell would anyone ever pursue a claim like this??

Well, because they can.  And when they do, they dive into discovery about your business and your safety program and get you to trip yourself up.  They nicely walk you into the very corner they throat-pin you in.  Now all of the sudden your slam dunk case is not so pristine anymore.  They’ve exposed your warts.

See, the plaintiffs’ bar actually teaches this stuff.  They spend all day in a classroom at seminars and teach plaintiff’s attorneys how to make chicken salad out of chicken $h!t.  I looked for a picture I’ve seen before to prove it to you, but couldn’t find.  So just believe me when I tell you that there is a seminar that is taught on how to sue YOU when the plaintiff rear-ends YOU.  They make the person rear-ending you your fault.  I saw it on the internet, so you know it’s true!

It’s actually called the Reptile Theory and it takes advantage of the psychological fears of jurors.  In a nutshell, it tells the jury “you need to send a message to this company because this accident could just as easily be you or your family!”

Well, the defense bar is striking back!  I am a member of the Defense Research Institute’s Trucking Law Committee and I had the pleasure of speaking at our seminar last spring.  Well, this spring (details below), we are putting on one of the most practical, informative seminars that I have ever seen in the trucking defense arena.  And I’m not saying that because I’m a member.  Hell, I’m not even at it!  But I will be there.  For any trucking lawyer, trucking company personnel who deals with claims, or trucking insurer, this is an absolute must attend.  I’m staking my reputation on that.

DRI Trucking Law Committee is presenting an advanced workshop for trial lawyers, senior claims examiners, and industry professionals, dedicated entirely to defending against plaintiffs’ use of the Reptile Theory in trucking cases. The one day program will engage best practices and practical techniques for conquering reptile cases. It’s not boring stuff.  It will be geared towards providing useful “how-to” strategies to consider in your answer, discovery, 30(b)(6) depositions, pretrial motions in limine, voir dire, examining witnesses, and closing arguments.  Bottom line…this is gonna be HUUUUUUUGE!  Here is the brochure and the link to sign up is below.

The program faculty is headed by Bill Kanasky, Jr., PhD., from Courtroom Sciences, Inc. of Irving, Texas, who is a well-known jury consultant known for combatting plaintiff’s reptile theory strategies. 

Other faculty members include some of the brightest and most successful trucking defense attorneys in the United States (I know these people and call them friends;  And yet they still left me off the speaking list!!!!!):

1. Carlos Rincon, Rincon Law Group, PC, El Paso Texas
2. Matthew G. Moffett, Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, Georgia
3. Kurt M. Rozelsky, Smith Moore Leatherwood LLP, Greeneville, South Carolina
4. Wendy L. Wilcox, Skane Wilcox LLP, Los Angeles, California
5. Heidi E. Ruckman, Heyl, Royster, Voelker & Allen PC, Rockford, Illinois
6. John (Jack) J. Laffey, Laffey, Leitner & Goode, LLC, Milwaukee, Wisconsin
7. MaryJane Dobbs, Bressler, Amery & Ross PC, Florham Park, New Jersey
8. Matthew S. Hefflefinger, Heyl, Royster, Voelker & Allen PC, Peoria, Illinois
9. Bradford G. Hughes, Selman Breitman LLP, Los Angeles, California
10. Stephen G. Pesarchick, Sugarman Law Firm LLP, Syracuse, New York

It’s going to be small in attendance and intimate.  You won’t be one out of 500.  You will learn.  You will be engaged and participate.  You will leave empowered to defend your company.  And you need to sign up.  Do it here.

Hell, I almost forgot to mention…if you are with a trucking company or a trucking insurer/claims, you get to attend for free.  Silly me!  I’ll see you in Chicago on May 24 and will buy you a drink when while we’re there.

 

Importance of Social Media In The Trucking Industry

Not really related to this post, although there are a couple of funny references to technology, but I thought this clip would get you in the mood for the tax season upon us:

This post is about the importance of the transportation industry to use social media. BUT BEFORE YOU TUNE OUT, HEAR ME OUT…I promise you there is value in reading this post and considering the use of social media going forward, regardless of who you are or what you do in this industry. In fact, as you will see at the end, I believe it can even have a positive impact on more favorable jury verdicts towards our industry.

My first post on this blog was on June 19, 2013, called Why I Love The Trucking Industry And You Should Too. Since that time, as many of you who actually keep up with this rambling redneck know, this has been my rally cry for this industry.  I started the blog for a couple of reasons, one of which was marketing myself to transportation companies who I believe I could benefit. But another primary reason was to share what I had to say about this industry, hopefully making a difference on the issues transportation faces, and the way the transportation industry is defended in legal matters.

I wish I could say that I’m the sharpest knife in the drawer, but I’m not. However, I believe I have something to offer and this blog, along with the feedback I’ve received from everyone who reads it, has made me smarter and helped me hone myself as a transportation lawyer.

I didn’t know anything about blogging, or reaching out on social media. But I started watching others do it and I felt compelled to try something out of my comfort zone. Well, several years later, its paid off.  I even tricked Transport Topics into publishing me this week (suckers!!!!!!)

Social Media for Recruiting

• More people are connected on social media than ever before. So why not utilize this enormous pool to recruit. Lord knows we hear enough about the driver shortage. You wanna pull new drivers…meet them where they are!
• As HNI pointed out on their blog recently, social media is a fantastic way to recruit new drivers. But when doing so, go all in. Plan out your strategy, assign someone dedicated to the social media posting to ensure consistency, and above all else, do not neglect your company brand and the values that are important to your company. Prospective hires want to hear employee stories, see pictures, etc., of what life would be like with your company.
• As HNI points out, your brand is the backbone of social recruiting.

Social Media for Information and Learning

I’m a fan of LinkedIn. I joined LinkedIn about five years ago when I got back into defense work and was trying to re-connect with old clients, as well as find new ones. And I did. But what I also found was groups on LinkedIn like DRI Trucking Law, Motor Carrier Safety Group, Transportation/Trucking Insurance Forum, Transportation Risk Group, Transportation Litigators, Transportation Law Group, and Association of Transportation Law Professionals. I get emails from these groups throughout the week, conveniently condensed, about the latest news in our industry. Being able to stay on top of what is happening now within this industry because of like-minded people sharing the news and what they know has made me a better trucking lawyer. And it can make you a better company as well. Knowledge is power!

I use to feel like I never had anything particularly special to offer in the way of expertise to the trucking industry. I figured that “someone else” had it covered, so I would just sit back and read what the “experts” have to say. What I figured out once I made the choice to dive into social media and play a part in it is that I could be an “expert” on this stuff too if I was willing to dedicate the time to offering quality content. So I guess I’ll toot my own horn for a minute and say that I think I have carved out my niche to offer my expertise to the defense of the trucking industry.

Social media is not for everyone. I get that. But even a redneck like me from Hazlehurst, Mississippi, can say with some certainty that this whole internet thing is here to stay. So if you can’t beat ‘em, join ‘em.

Finally, while the added benefit of financial gain should be enough to give it a try, it also helps from the liability perspective when accidents happen. Juries want to sympathize with companies, and actively participating in social media helps to humanize trucking companies to the general public, telling them what we do and who we are. Isn’t that what our new Trucking Moves America branding is all about?

So take a chance.  You be the one to portray what your company and your industry are really about.  Don’t let other social media trolls be the ones to do it.