hot issues regarding vehicle maintenance and claims being asserted by plaintiff’s counsel...

Hot Issues Regarding Vehicle Hot Issues Regarding Vehicle Maintenance and Claims Being Maintenance and Claims Being Asserted by Plaintiff’s CounselAsserted by Plaintiff’s Counsel

Cardelli, Lanfear & Buikema, Cardelli, Lanfear & Buikema, P.CP.C

322 W. Lincoln, Royal Oak, MI 48067322 W. Lincoln, Royal Oak, MI 48067

248-544-1100248-544-1100

http://www.cardellilaw.com/http://www.cardellilaw.com/

Understanding the Understanding the Component and What Component and What Role it Played in the Role it Played in the

AccidentAccident

This is a focus on 3 of the many This is a focus on 3 of the many components on a tractor-trailer.components on a tractor-trailer.

Theme: Theme: Get an expert and study the Get an expert and study the components implicated in the components implicated in the accident. The alleged failures of accident. The alleged failures of these components may have no these components may have no causal relationship to the happening causal relationship to the happening of the accident.of the accident.

BrakesBrakes

Goal is to stop the vehicleGoal is to stop the vehicle If some of the brakes are not If some of the brakes are not

properly adjusted, did this cause the properly adjusted, did this cause the accident?accident?

Technical understanding. Need to Technical understanding. Need to know in order to examine the police; know in order to examine the police; the plaintiff’s expert; and your own the plaintiff’s expert; and your own maintenance mechanic.maintenance mechanic.

BrakesBrakes

Lights/ReflectorsLights/Reflectors

ConspicuityConspicuity – the quality of being – the quality of being obvious to the eye or mind; obvious to the eye or mind; attracting attention.attracting attention.

How to get the lighting – just right.How to get the lighting – just right. Were they working pre-accident?Were they working pre-accident?

WitnessesWitnesses Experts on filamentsExperts on filaments

Lights/ReflectorsLights/Reflectors

TiresTires

Roadworthy - When does a flat tire Roadworthy - When does a flat tire mean negligence?mean negligence?

Recent case Bob Miller and our office Recent case Bob Miller and our office worked on:worked on: Tractor – Trailer, gravel trainTractor – Trailer, gravel train Front left tire blowout on freewayFront left tire blowout on freeway Tractor moves to left, crushing Plaintiff’s Tractor moves to left, crushing Plaintiff’s

Ford Taurus against cement wall. Car Ford Taurus against cement wall. Car bursts into flamesbursts into flames

Code of Federal RegulationsCode of Federal Regulations

Tread DepthTread Depth

Mix MatchMix Match

Reasonable CareReasonable Care

Documentation – The Good, The Bad Documentation – The Good, The Bad and The Uglyand The Ugly Use of easy to fill out check charts Use of easy to fill out check charts

manual or electronicmanual or electronic Need to enforce the timely collectionNeed to enforce the timely collection Need to Need to auditaudit the proper filling out the proper filling out

Reasonable Care - ExamplesReasonable Care - Examples

Two weeks’ worth and only every Two weeks’ worth and only every other day filled outother day filled out

Filled out – but 100% incorrect and Filled out – but 100% incorrect and no one was checking / auditingno one was checking / auditing

Reasonable Care - ExamplesReasonable Care - Examples

What Do Other Similar What Do Other Similar Companies Do?Companies Do?

Need to use association members to Need to use association members to help. Issues such as: help. Issues such as: Full time mechanics Full time mechanics Frequency of inspections by mechanics Frequency of inspections by mechanics

versus driversversus drivers Check chartsCheck charts

How to beat the “truck should How to beat the “truck should never have been on the road” never have been on the road”

argumentargument

Relevancy and Relevancy and Proximate CauseProximate Cause

Relevancy and Proximate Relevancy and Proximate CauseCause

A.A. The Law of RelevancyThe Law of Relevancy The strategy of fighting this issue during The strategy of fighting this issue during

document requestdocument request

Deposition StrategyDeposition Strategy


B.B. Proximate CauseProximate Cause Use of an expert and fact witness to Use of an expert and fact witness to

establish establish notnot a proximate cause a proximate cause

Law on Proximate CauseLaw on Proximate Cause


C.C. Planning a strategy to support non-Planning a strategy to support non-relevancy/lack of proximate relevancy/lack of proximate causation:causation: Written discovery objectionsWritten discovery objections Deposition ObjectionsDeposition Objections Motions in LimineMotions in Limine

Trial TacticsTrial Tactics

Jury persuasion – when the Judge rules Jury persuasion – when the Judge rules that the component(s) failure and that the component(s) failure and relationship to the accident is a fact relationship to the accident is a fact question.question. Overcoming the prejudice/sympathy.Overcoming the prejudice/sympathy. Teaching the jury about commercial Teaching the jury about commercial

transportationtransportation Getting concessions from plaintiff’s expertsGetting concessions from plaintiff’s experts Use of photos/drawingsUse of photos/drawings

Questions/Questions/Comments? Comments?

hot issues regarding vehicle maintenance and claims being asserted by plaintiff’s counsel...

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