Depositions in Trucking Litigation: Winning Plaintiff Strategies and Bulletproof Defense Tactics

Joe Ervin
Grant H. Lawson
Kevin Foley
Joe Ervin | The Law Firm for Truck Safety, LLP
Grant H. Lawson | The Law Firm for Truck Safety, LLP
Kevin Foley | Reminger Co
Live Video-Broadcast: September 29, 2025

2 hour CLE

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Program Summary

Session I – Deposing Trucking Company Personnel: Winning Plaintiff-Side Tactics – Joe Ervin and Grant H. Lawson

In truck accident litigation, plaintiff attorneys must strategically identify and depose key personnel within the trucking company to uncover negligence, regulatory violations, and patterns of misconduct. This session will equip plaintiff-side lawyers with the deposition strategies necessary to hold companies accountable and maximize case value. From frontline drivers to senior executives, this session explores how to ask the right questions that reveal operational failures and bolster liability claims. Attendees will gain actionable tools to challenge company safety culture, assess inadequate training and hiring, and expose systemic issues that may have contributed to the crash.

Key topics to be discussed:

  • The truck driver: Uncovering violations in hours of service, training inadequacies, and driving history issues
  • Fleet or safety manager: Probing company safety practices, accident history, and failure to enforce compliance policies
  • Maintenance personnel: Identifying breakdowns in maintenance records and missed inspections leading to mechanical failure
  • Compliance manager: Investigating internal protocols, FMCSA compliance, and incident reporting practices
  • Human resources/hiring manager: Examining hiring standards, vetting procedures, and retention of unqualified drivers
  • Trucking company executive: Revealing company-wide attitudes toward safety, pressure on drivers, and oversight failures

Session II – Defending the Company: Effective Deposition Techniques for Trucking Litigation – Kevin Foley

Defense attorneys representing trucking companies and insurers must approach depositions with precision to protect their clients and manage exposure. This session provides in-house and outside defense counsel with critical strategies for preparing company witnesses, minimizing risk during depositions, and positioning the case for favorable resolution. Learn how to control the narrative around safety procedures, training protocols, and regulatory compliance while responding to aggressive lines of questioning from opposing counsel. This session will also address proactive witness preparation, documentation defense, and techniques to reinforce the company’s commitment to lawful operations.

Key topics to be discussed:

  • The truck driver: Framing driver conduct within company training and compliance frameworks
  • Fleet or safety manager: Demonstrating reasonable policies, accident response procedures, and compliance documentation
  • Maintenance personnel: Defending maintenance practices and leveraging service logs and inspection records
  • Compliance manager: Highlighting robust internal controls, FMCSA tracking, and audit readiness
  • Risk or insurance manager: Explaining claims handling processes, liability evaluation, and proactive risk management
  • Trucking company executive: Reinforcing leadership's commitment to safety culture, hiring standards, and oversight protocols

This course is co-sponsored with myLawCLE.

Date / Time: September 29, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Joe Ervin | The Law Firm for Truck Safety, LLP

Joe Ervin is a Partner at The Law Firm for Truck Safety. He limits his practice exclusively to cases involving commercial motor vehicle crashes and wrongful death. Joe holds a valid class “A” commercial driver’s license, with endorsements for double/triple trailers and tankers.

A 2013 graduate of Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell—the highest peer rating standard reflecting exceptional legal ability and ethical standards. He made history as one of the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Joe has been recognized with the Roadway Safety Award from the American Association for Justice’s (AAJ) Trucking Litigation Group for his commitment to improving highway safety. His leadership extends to serving as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, where he helps advocate for improved safety standards within the trucking industry.

Joe’s expertise is regularly sought after by peers, serving on the faculty of the American Association for Justice Advanced Trial Advocacy College: Litigating Truck Collision Cases in both 2015 and 2024. Joe maintains active membership in AAJ’s Trucking Litigation Group and holds a position on the Board of Regents for the Academy of Truck Accident Attorneys.

Fellow attorneys frequently retain Joe as a consultant and co-counsel on complex commercial truck cases. His proven track record includes successfully trying numerous cases against motor carriers and truck leasing companies, delivering justice for victims of commercial vehicle accidents.

 

Grant H. Lawson | The Law Firm for Truck Safety, LLP

Grant Lawson leads the Rocky Mountain Division of The Law Firm for Truck Safety as Managing Partner. Based in Casper, Wyoming, he stands among an elite group of attorneys Board Certified as specialists in Truck Accident Law by the National Board of Trial Advocacy (NBTA). With the highest possible AVVO rating of 10.0 for wrongful death cases, his track record of success includes recent settlements of $15 million and $13 million in catastrophic truck crash cases.

His dedication to trucking safety recently earned him the prestigious 2024 Roadway Safety Award from the AAJ Trucking Litigation Group, and he’s been consistently recognized among the Best Lawyers in America from 2020 through 2025. As an active member of the legal community, Grant is a member of the Wyoming, Colorado, and Montana Trial Lawyers Associations.

As a national leader in truck crash litigation, Grant serves on the Board of Regents for the American Academy of Truck Accident Attorneys (AATA) and co-chairs their New Trucking Lawyers Division. He regularly shares his expertise at major legal conferences, teaching other attorneys about crucial aspects of truck crash cases, from telematics evidence to handling crashes involving government and municipal vehicles.

Through his leadership at The Law Firm for Truck Safety and his role co-chairing the Transportation Accountability Committee of the AAJ Truck Litigation Group, Grant continues his mission of making our highways safer by holding trucking companies accountable and fighting for families affected by truck crashes across the Rocky Mountain region and nationwide.

 

Kevin Foley | Reminger Co

Kevin practices in Reminger Co. LPA’s Columbus Office and serves as co-chair of the firm’s Trucking and Commercial Transportation practice group. He joined Reminger after serving as a staff attorney to Ohio Supreme Court Justice Herbert Brown. Kevin’s practice focuses on trucking liability, premises liability, real estate, construction and general insurance.

Kevin frequently lectures to insurance carriers and companies regarding litigation, trial preparation and the management of catastrophic losses. He is on Reminger’s catastrophic response  team which provides immediate response to clients in the transportation and manufacturing industry. Kevin is a member of numerous legal organizations. He is an Adjunct Professor in Trial Advocacy at Capital University Law School and is a member of the Ohio Supreme Court Lawyer to Lawyer Mentoring Program.

Kevin has been recognized by Best Lawyers in America for Transportation Law and is “Rated AV® Preeminent™” for “Very Highly Rated in Both Legal Ability and Ethical Standards” by Martindale Hubbell Peer Review.

Agenda

Session I – Deposing Trucking Company Personnel: Winning Plaintiff-Side Tactics | 1:00pm – 2:00pm

  • The truck driver: Uncovering violations in hours of service, training inadequacies, and driving history issues
  • Fleet or safety manager: Probing company safety practices, accident history, and failure to enforce compliance policies
  • Maintenance personnel: Identifying breakdowns in maintenance records and missed inspections leading to mechanical failure
  • Compliance manager: Investigating internal protocols, FMCSA compliance, and incident reporting practices
  • Human resources/hiring manager: Examining hiring standards, vetting procedures, and retention of unqualified drivers
  • Trucking company executive: Revealing company-wide attitudes toward safety, pressure on drivers, and oversight failures

Break | 2:00pm – 2:10pm

Session II – Defending the Company: Effective Deposition Techniques for Trucking Litigation | 2:10pm – 3:10pm

  • The truck driver: Framing driver conduct within company training and compliance frameworks
  • Fleet or safety manager: Demonstrating reasonable policies, accident response procedures, and compliance documentation
  • Maintenance personnel: Defending maintenance practices and leveraging service logs and inspection records
  • Compliance manager: Highlighting robust internal controls, FMCSA tracking, and audit readiness
  • Risk or insurance manager: Explaining claims handling processes, liability evaluation, and proactive risk management
  • Trucking company executive: Reinforcing leadership’s commitment to safety culture, hiring standards, and oversight protocols
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