November 2018 National Seminar: KJALG Partner Bryan L. Bradley on Litigating Semi-Truck Crash Cases from the Plaintiff’s Perspective
The danger of serious injury or wrongful death in a large commercial vehicle accident involving semi-trucks as well as 18-wheelers, tractor trailers, and big rigs remains at deplorable levels in this country.
The Risk of Deadly Semi-Truck Crash Rising for Truckers, Truck Occupants, as well as Other Crash Victims
Research compiled by the Federal Motor Carrier Safety Administration (FMCSA) warns us that the risk of a fatal truck crash is more and more likely:
- The number of large trucks and buses in fatal crashes has increased by 29% since 2009.
- From 2015 to 2016, the number of fatal crashes involving large trucks or buses increased by 6%.
Furthermore, pointing to data from the National Highway Traffic Safety Administration (NHTSA), the American Trucker warns there has been an increase in “occupants” of large trucks dying in truck crashes (up 8.6%) and truckers face “… the highest level of large truck crash deaths since 2007.”
From the perspective of victim’s advocate, one of the clear ways to fight against this risk to public safety and to help prevent injuries or death to truck drivers, their passengers, and those who share the roads with them, is to fight for justice using the civil system of personal injury law. The importance of the plaintiff’s bar in this battle cannot be underestimated.
National Semi-Truck Crash Seminar
Accordingly, our law firm is pleased to announce that KJALG senior partner Bryan L. Bradley will be one of two speakers for a national Continuing Legal Education (CLE) Seminar dedicated to the topic of serious or fatal commercial truck accidents.
The November 2018 seminar is specific in its focus. A variety of topics will be discussed by KJALG partner Bryan L. Bradley regarding the representation of semi-truck crash victims and their loved ones in an aggressive, thorough, and successful fight for justice. Mr. Bradley will be presenting the plaintiff’s perspective, and will be joined by national defense counsel, Carlton D. Fisher of Hinshaw & Culbertson LLP, who will be presenting the defense perspective.
Attorneys undertaking the task of representing victims in commercial motor vehicle accidents will benefit from these discussions. The speakers consider both the plaintiff and defense trial bars to be their audience, and both talks as well as accompanying materials are designed with the plaintiff’s personal injury attorney in mind.
Paralegals and legal assistants on both sides of the docket may also find the seminar to be profitable.
Seminar Webcast Times: November 14, 2018
The seminar (identification number 81298ER) is presented by the National Business Institute. It will take place on Wednesday, November 14, 2018 as a live webcast at the following times:
- Eastern: 10:00 AM – 5:00 PM
- Central: 9:00 AM – 4:00 PM
- Mountain: 8:00 AM – 3:00 PM
- Pacific: 7:00 AM – 2:00 PM.
Program Overview: A Practical Guide to Semi-Truck Injury Cases: From Investigation to Trial
From the NBI materials, the seminar is entitled “ A Practical Guide to Semi-Truck Injury Cases: From Investigation to Trial,” recognizing how unique these types of injury cases are to litigate. From the NBI description:
Truck accident cases are bigger in every sense of the word. With unique regulations, higher percentages of catastrophic injuries/fatality and higher stakes, these cases must be handled with care and precision.
In this focused legal program, faculty will provide you with the specialized knowledge and skills you need to steer CMV accident cases towards a favorable resolution. Walk through the FMCSR and apply them to establish liability.
Mr. Bradley and Mr. Fisher will share their years of experience in this type of practice, providing seminar attendees with vital advice and information including:
- Get truck accident investigation tips to quickly uncover evidence and gain leverage.
- Find out how to calculate and negotiate damages in truck accident cases.
- Learn how to effectively use experts to bolster your case.
- Gain truck accident trial tactics that will increase your chances of a favorable verdict.
- Come away with sample forms, deposition questions and other practical resources and tips.
Semi-Truck Crash CLE Seminar Agenda
The November 2018 Seminar agenda follows (Eastern Standard Time):
- Applying Federal Motor Carrier Safety Regs to Your Case
10:00 – 10:45, Bryan L. Bradley- Key FMCSR You Need to Know
- Truck Driver Qualification, Training, Supervision and Retention
- Driving Regulations
- Drug Regulations; Use of Cellphones
- Fatigue and Hours of Service
- Load Securement
- Inspection, Repair and Maintenance
- State Trucking Laws and Regulations
- Handling Choice of Law Issues
- Truck Accident Investigation and Discovery Gems
11:00 – 12:30, Carlton D. Fisher- Preserving Evidence (w/Sample Letters)
- Emergency Response Program for Defense Counsel
- Accident Site Investigation
- Accident Reports and Law Enforcement Records
- Gathering Information via Requests, FOIA, the Internet
- FMCSA Compliance Records; CSA, SAFER Data, etc.
- Company Policies/Procedures, Driver Qualifications, Training, Safety, Monitoring and Discipline Docs
- Hours of Service Documents
- Driver Logbooks
- Phone Records, GPS and ECM/Black Box, DriveCam, Other Telematics
- Truck Inspection, Maintenance and Shipping Records
- Motor Carrier and Driver Depositions: Questions to Ask
- Determining Coverage, Calculating and Negotiating Damages
1:00 – 2:00, Bryan L. Bradley- Pinning Down Liability (Trucker, Trucking Company, Broker, etc.)
- Assessing Insurance Coverage
- Medical Records and Bills
- Future Medical Expenses, Lost Earnings and Earning Capacity
- Pain and Suffering Damages
- Punitive Damages for Regulatory Violations
- Evaluation of Traumatic Brain Injury Damages
- Wrongful Death Damages
- Tips for Negotiating Truck Accident Claims
- Sample Truck Accident Demand Letter
- Using and Deposing Expert Witnesses in Truck Accident Cases
2:00 – 2:45, Carlton D. Fisher- Who to Retain, When and Where to Find a Good Expert
- Doctors and Damages Experts
- CMV Inspectors and Accident Reconstructionists
- Truck Safety/Training/Regulation Expert Witness
- Load and Cargo Securement Expert Testimony
- Human Factors and Conspicuity Experts
- Sample Deposition Questions
- Trying a Trucking Case
3:00 – 4:00, Bryan L. Bradley and Carlton D. Fisher- Trial Prep Pointers
- Admissibility Issues in Trucking Cases: Handling Motions in Limine and Objections
- Voir Dire/Jury Selection
- Opening Statements: What Works in Trucking Cases
- Truck Accident Evidence/Exhibit Presentation
- Direct and Cross-Exam Tips
- Sample Closing Arguments and Jury Instructions
- Top Trial Mistakes Attorneys Make in Trucking Cases
- Legal Ethics
4:00 – 5:00, Carlton D. Fisher- Conflicts of Interest
- Obligations to Third Parties
- Attorneys’ Fees
- Ethical Issues in Catastrophic Injury or Wrongful Death Cases
More on Bryan L. Bradley from the National Business Institute
From the NBI comes the following background information on KAL partner Bryan Bradley:
BRYAN L. BRADLEY is a senior partner in the personal injury law firm of Kenneth J. Allen Law Group. Mr. Bradley focuses his practice on heavy truck and bus crash litigation and catastrophic personal injury and wrongful death.
He obtained his Bachelor of Arts degree from the University of Illinois at Urbana-Champaign in 1991 and Juris Doctorate from Valparaiso University School of Law in 1994.
Mr. Bradley is admitted to practice law in both Indiana and Illinois and before the United States Supreme Court; U.S. Courts of Appeals for the Seventh and Tenth Circuits; U.S. Court of Federal Claims; U.S. District Courts for the Northern District of Illinois-Trial Bar, Central District of Illinois, Northern District of Indiana, Southern District of Indiana, and Western District of Michigan.
A sustaining member of the American Association for Justice, Mr. Bradley is strong advocate for the rights of those injured and in the interests of improving safety whether on the nation’s highways or elsewhere.
Mr. Bradley received the AV Preeminent Peer Review Rating from Martindale Hubbell, and the Indiana Super Lawyer designation. He has been selected for inclusion in Best Lawyers in Personal Injury-Plaintiffs and Product Liability-Plaintiff. He is a sustaining member of the Indiana Trial Lawyer Association where he also serves on the Board of Directors.
Mr. Bradley is also a member of the Illinois Trial Lawyer Association; Million Dollar Advocates Forum Life Member; a life fellow of the Indiana Bar Foundation; and an advocate attorney member of the Academy of Truck Accident Attorneys.
Mr. Bradley is a contributing author to Truck Accident Litigation, Second and Third Editions, published by the American Bar Association.
Mr. Bradley is retired from the United States Army Reserve Judge Advocate General Corps and is a graduate of the Army Command and General Staff College and U.S. Army Infantry and Airborne Schools.
He has spent his entire 24 year career representing those who have been injured or killed due to the negligence of others. Mr. Bradley has never represented companies or corporations in defense of those parties.
