Unveiling Modern Trial Tactics in Transportation Cases through Expert Roundtable

CLM’s Transportation Community regularly gathers claims, risk, and legal experts in the transportation field to discuss trends in the industry. In this edition, moderator James Foster leads a discussion on whether, and how much, the strength of the plaintiff’s attorney factors into trial strategy; virtual mediation; and the benefits of meeting with the driver, safety director, and witnesses during pre-trial preparation.

Jim Foster: In your experience, do trucking cases get better over time? Is the strength of plaintiff’s attorney and their familiarity with federal trucking regulations, the venue, and whether the trial Judge is likely to admit certain evidence important factors in your case evaluation and defense of a case with the potential for a nuclear verdict?

Matt Shusterman: Trucking cases can get better over time. However, for a case to get better it is important to communicate with the insured/client throughout the case, so you build a good relationship that lasts. It is important to understand your adversaries’ experience level handling trucking cases and the venue, but those are typically not determinative if I am going to try a case. More important factors are the facts of the case, the reasonableness of the demand, and whether the insured is also in agreement about trying the case. A judge’s rulings on the admissibility of evidence, depending on what is or is not allowed, could change the evaluation of the case, but on the other hand, if I think the judge’s ruling is plainly wrong, this creates an appealable issue if there is an adverse verdict.