Safety Policies and CDL Manuals: How to Ensure They Are Not Used Against Your Clients to Establish Liability
Plaintiffs are slowly turning away from Reptile Theory and adopting a new approach focusing on company safety policies and CDL manuals to establish a “duty” the motor carrier or driver violated. Join two seasoned trucking attorneys as they delve into just how these policies/manuals are being used to establish liability in trucking cases and what defense attorneys can do from the pre-suit stages through trial to prevent a violation of a policy or manual from increasing the value of your case or the verdict award.
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Larry Hall, Heyl, Royster, Voelker & Allen, P.C., focuses his practice on representing local, regional, and national trucking companies throughout the litigation process. He works with his clients in all aspect of their business including immediate response investigations, safety policies/training, regulatory compliance, and general risk management. Larry's knowledge and passion for the industry has led him to be called upon to serve as lead counsel in high-exposure and difficult losses.
Eric Miersma is a Senior Attorney with Balestreri Potocki & Holmes in San Diego, California. He has over 20 years of experience in complex multi-party litigation, arbitration, and mediation representing Southern California builders, contractors, design professionals, trucking companies, and general business owners in state and federal court. Eric is an experienced litigator having successfully negotiated resolutions of single case claims in excess of $70 million against a public works engineer, $40 million against a trucking company arising from multiple fatality interstate tractor-trailer roll-over, and more than $7 million against a high-rise condominium builder. He is a frequent speaker to industry groups and is a published author in DRI’s own In Transit magazine. Before settling on law as a profession, Eric put himself through college driving over-the-road for Mayflower and Schneider.