TTLA Trucking Litigation Bootcamp Remotely

Broker Shipper Liability/Surety Bonds in Trucking Cases
SPEAKER: Kim Jones Penepacker, Arlington

About topic:
This presentation breaks down how to hold brokers, shippers, and sureties accountable in Texas trucking litigation. Learn how to establish liability (and recover!) beyond the motor carrier and insurance policy.

• Theories of liability against brokers and shippers under Texas law
• What to look for in broker–carrier agreements and FMCSA records
• How to recover when insurance coverage is denied
• Strategic discovery and deposition tactics to support upstream liability
• Practical tips to enhance case value and unlock hidden sources of recovery

How Do I Go About Obtaining Impeachment Information to Prepare for My Trucking Cross-Examinations
SPEAKER: Todd Clement, Fellowship, Dallas

About topic:
Cross-examination is everyone’s favorite, but it is 1000% more fun & productive if you have the gold beforehand.  This speech will focus on where and how to mine for this gold including:

• Tailoring discovery to the likely negligence and your crash
• Obtaining trucking co. safety documents & establishing “ALL” before depos
• Look for drivercam videos and notifications for your driver and other drivers with similar “events”
• Audit cell phone records with the truck driver’s electronic driver logs and/or GPS data to prove pattern
• Driver Qualification File – omissions; gaps & missing records
• DWQ Driver Qualification Files from past employers

What Experts Are Needed in a Trucking Case 
SPEAKER: Jay Vaughn, Louisville, KY

• When do you need a commercial mechanic?
• The importance of knowing the Electronic Control Module of the truck?
• Is your expert familiar with the telematic system being used?
• How can an expert establish direct negligence against a motor carrier?

How to Depose the Commercial Truck Driver
SPEAKER: Wade Barrow, Fellowship, Fort Worth

About topic:
The commercial truck driver is usually the first adverse deposition in your case and is critical for setting the tone and narrative of your case.  Learn how to prepare for and take a deposition of a commercial truck driver that will put your case on a path to success.

• Is the Truck Driver the Victim or the Villain of your story?
• Learn how to create frameworks and outlines for deposing the truck driver.
• Sequence your deposition to get the answers that you need.
• Themes that resonate with jurors.
• The best source material for preparing for the deposition.
• Create driver testimony that puts management in a no-win situation. 

How to Depose the Defense Trucking Regulation Expert
SPEAKER: Jeff Embry, Tyler

About topic:
Provide practical strategies for effectively deposing a defense trucking regulatory expert, including how to challenge the expert’s credibility, uncover bias, and control the narrative on key FMCSA regulations.

• Understanding the role and typical opinions of trucking defense regulatory experts
• Key FMCSA regulations commonly cited in expert testimony
• Identifying and attacking bias or overreaching conclusions
• Crafting focused deposition questions to limit expert wiggle room
• Using manuals, training, and prior testimony against the expert
• Strategies for turning the defense expert into a reluctant ally on safety standards
• Preserving objections and setting up effective impeachment for trial

Secrets from a Trucking Defense Attorney 
SPEAKER: Paul Murphy, College Station

About topic:
There are some things the Defense doesn’t want you to know. After 20 years on the defense side of the docket, I have a good idea what most of those things are.

• The expert shell game
• Controlling the jury mindset
• Attacking corporate internal weakness
• Pleading all Causes of Action
• Red Teaming your case

Connecting with the Venire Panel to Reveal Prospective Juror Bias in Trucking Litigation
SPEAKER: Rob Crain, Fellowship, Dallas

About topic:
Everyone has an opinion about truck drivers. In today’s often limited opportunity to voir dire prospective jurors, we will discuss tools to efficiently expose biases and identify viewpoints impacting your case. We will also review the DOs and DON’Ts from recent appellate opinions as well as the current standard for strikes for cause.

Proving Negligence and Gross Negligence Through Your Fleet Safety Expert
SPEAKER: Malorie Peacock, San Antonio

About topic:
Proving gross negligence in Texas requires evidence of both subjective and objective components. This presentation will answer the question: “Can you prove gross negligence in a trucking case without an expert?” and, more importantly, “Should you try to prove gross negligence without an expert?”. Malorie will dive into the law and evidence needed to fortify your gross negligence case.

Proving Damages in a Wrongful Death Trucking Case Outside of Texas
SPEAKER: Laney Piercy, Lubbock

About topic:
In death cases, it is important to build a connection between the decedent and the jury. The courtroom should feel like a celebration of life for the decedent. Learn how to make the jury feel like the decedent is in the courtroom during trial with happy memories, props, pictures, videos, and songs to tell the decedent’s story.

Keeping the Jury Engaged and Entertained with Demonstrative Aids and Simulations
SPEAKER: Maxey Scherr, El Paso

About topic:
To gain the verdict your case deserves, it’s imperative to connect with the average jurors…which means capturing shorter attention spans, using clear, eye-catching visual aids and actively deploying scenarios to help juror’s understand the facts of the case and the plaintiff’s narrative. Let’s discuss how to identify AND utilize the best tools available to resonate with jurors mentally and emotionally.

• Where Visual & Emotional Tools Impact Different Stages of Litigation
  Focus on the pretrial phase, trial presentations, and closing arguments.  These moments are where visuals and emotional engagement can have the greatest impact on jurors' understanding and decision-making.
• Available Tools to Convey Your Narrative
  Utilize tools like timelines, animations, exhibits, and demonstratives to simplify complex information, provide clarity, and set the stage for trial.
• Juror Attention Span & Its Impact on Decision-Making
  Understand that jurors’ attention spans are limited, affecting how they absorb information and ultimately influence their verdicts.

• Visual Aids by Budget: DIY to High-End
  Showcase different levels of visual aids, from cost-effective DIY options to professional-grade solutions provided by mid-tier and high-end vendors.

• Essential Resources in Modern Litigation
  Highlight key resources that enhance trial presentations, as well as those that should be avoided for better engagement and clarity.

12:30 PM - 1:00 PM
30 min     0.50 MCLE
Incl. 0.50 Ethics

Demonstrating the Human Impact: Strategies for Presenting Non-Economic Damages Evidence to the Jury
SPEAKER: Rob Ammons, Houston

About topic:
Learn practical, evidence-based strategies to create the "rational connections" the Texas Supreme Court's Gregory v. Chohan decision requires while powerfully conveying your client's human story to achieve maximum recovery.

• Learn what you can and can't say after Gregory
• Get your clients to share their real story using simple interview techniques that work
• Turn injury and impairment into specific dollar amounts
• Use low cost tools to show how injuries forever changed your client's life
• Write closing arguments that get big verdicts without breaking the new rules