Fact Pattern & Introduction to Trucks and Trucking Tom McLaughlin Transport Corporation of America

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1 Fact Pattern & Introduction to Trucks and Trucking Tom McLaughlin Transport Corporation of America TRUCKING INDUSTRY DEFENSE ASSOCIATION 3601 EAST JOPPA ROAD BALTIMORE, MD T F

2 Welcome to the Skills Course First Skills Course in edition is our 17 th edition. Over 500 people have attended. Target audience are claims and attorney professionals with less than 5 years in the trucking field. Objective is to create an interactive presentation, bringing real life scenarios of transportation defense.

3 Industry Changes Since the First Skills Course Truck technology Preservation and spoliation letters. Jury verdicts and claim values. Regulatory. Caring about drivers and retention.

4 Introduction to Trucks and Drivers

5 The Life of a Truck Driver

6 Every Driver Has a Story

7 A Tough Job Gets More Complicated What if You re involved in an accident. You re confused You re scared You re worried You re angry You re intimidated You re livelihood is on the line.

8 Welcome to the life of a truck driver Who s been involved in an accident?

9 Trucking Industry $603.9 Billion in gross freight revenues Trucks move 67% of the nations freight by weight million trucks registered and used for business purposes billion miles logged for business purposes. There are 408,782 for hire carriers and 662,544 private carriers. 90.2% have 6 or fewer trucks. 97.2% have 20 or fewer trucks. Source-American Trucking Association

10 A Multi-Dimensional Industry Truckload Less Than Truckload (LTL) Intermodal Intermodal Drayage Bus and Motor Coach Others.

11 Conventional Tractors Truck Types-Simple Form Cab Over Tractors Straight Trucks

12 Common Trailer Types Flat Beds End Dumps Dry Vans Tankers Others Reefers

13 Common Tractor Terms Grab Handle Spot Mirror Sleeper Drive Axle Faring Placard Steer Axle

14 Satcomm Antenna Load Locks Common Tractor Terms Exhaust Fifth Wheel Fuel Tank (Under Faring) Air Lines/Light Cord Mudflap Air Ride Suspension Bag

15 Common Trailer Terms Tandems Slid Forward Air Brake Chambers Landing Gear Trailer Tandem Sliding Rail Slack Adjuster Door Latches DOT Bumper Interior of Trailer King Pin

16 Commonality All are commercial motor vehicles governed by the FMCSA Subjected to higher regulatory standards, including fatigue management, maintenance, hiring and supervision of employees. All require minimum $750K insurance limits. The general public (jury pool) have had negative experiences with them. Are deep pocketed defendants targeted by plaintiff attorneys.

17 Trucking Companies Front and Back Office Finance Safety/Risk Management Executive Sales and Marketing Pricing Maintenance Compliance Claims Recruiting Brokerage Billing Operations IT Customer Service HR Asset Management Terminal Operations

18 Areas Most Often Pursued by Plaintiffs Not only is the driver and his actions on trial, but so is the company and its processes. Fatigue, in attention and impairment Maintenance Hiring, supervision, training and retention Preservation

19 Identification & Preservation of Electronic Data

20 Control the Technology & Those Who Use It Accident Reconstructionist First Responders Trooper, Wrecker Driver, EMS Claims Person Field Adjuster, Independent Adjuster Fleet Maintenance Shop Mechanic, Safety or Risk Management Team Truck Dealership Dealership Technician, Manufacturer Rep

21 Forensic Engineers Fleet Manufacturer

22 Forensic Engineers ECM

23 Forensic Engineers - ECM Modules Types

24 Forensic Engineers ABS

25 Forensic Engineers ABS Modules Types

26 Forensic Engineers Transmission

27 Module Forensic Engineers Transmission

28 GPS Fleet

29 Fleet GPS Modules Types

30 Fleet SAT NAV / EOBR

31 Fleet EOBR Modules Types

32 Manufacturer Collision Avoidance System

33 Manufacturer Collision Avoidance System Modules Types

34 Conclusion Forensic Fleet Manufacture

35 Also Consider Passenger Vehicles Buses Emergency Vehicles Refuse Trucks

36 Fact Pattern September 22, 2012 at 2:10am, Dauphin County, PA US Highway 22 is an east-west roadway, with a 55mph speed limit. Mill Road is a north-south roadway. George Feimster, a driver for National Refrigerated, is east on US 22. Jack Wilson, operating a 2012 Toyota Hylander, is north on Mill Road.

37 As Feimster approached the intersection with Mill Road, he saw Wilson approach the stop sign, slow, then enter the intersection without coming to a stop. Both vehicles collided. Wilson was pronounced dead at the scene. There are no known witnesses.

38 The PA State Police investigator places Feimster at fault for the accident. Jack Wilson (age 35) is survived by his wife and two children, ages 8 and 5. Within a week of the accident, Mrs. Wilson retains a prominent plaintiff firm. A thorough preservation letter soon follows.

39 The Teams Are Assembled Good defenses Good plaintiff attorney, who isn t afraid to try cases. Where do you go from here? How do you approach the case?

Chapter 1 Introduction to Heavy-Duty Commercial Vehicles

Chapter 1 Introduction to Heavy-Duty Commercial Vehicles Introduction Categories and configurations of commercial vehicles include: Medium-sized delivery vehicles Ambulances Fire and rescue vehicles Highway