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Many of the following articles are from Tim's feature column Expert Advice in The Advocate, the Kentucky Justice Association's magazine for trial lawyers or papers published for legal continuing education speaking engagements

Can a Forensic Toxicologist Ease Your Pain?


People sometimes make poor decisions, with catastrophic consequences. As trial lawyers, we seek to learn what happened and why it happened. Investigation of whether a driver was impaired at the time of an accident, by legal or illegal substances, is an important, if not elementary, consideration. Drugs (illegal and legal, including alcohol) are often involved when people get hurt.When impairment or intoxication issues impact a case, a forensic toxicologist may ease a litigator’s pain. Int...


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9
Jan

Decoding The Black Box with Expert Advice


Investigating causation of an automobile accident is routine for many trial lawyers. In most instances, sufficient details of the accident can be gathered from the client, police report, witness accounts, and photographs of the scene or site of the accident. In more complicated cases, physical evidence of the crash may require more in-depth study: an accident reconstructionist’s personal inspection of the particular injuries and involved vehicles, roadway, and objects can prove invaluable....


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9
Jan

Top Ten Tips for Deposing the Safety Director


Automobile and trucking accident cases typically share at least one thing in common – the road. Beyond that, they are very different. Because of extensive State and Federal regulation of the trucking industry, commercial truck cases present greater opportunities to prove liability, as well as perhaps preserve, discover and develop a punitive damages claim. Such as it is, a different approach should be taken than with regard to the ordinary car crash case.   Trucking cases are about ...


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18
Jan

Big Truck Versus Auto Cases: Differences in Deposition Strategies


Automobile and trucking liability issues share at least one thing in common – the road. Beyond that, they are very different. Because of extensive State and Federal regulation of the trucking industry, Big Truck cases present greater opportunities to prove liability, as well as perhaps, preserve, discover and develop a punitive damages claim. Such as it is, a different approach than with regard to the ordinary car crash case should be taken.   Truck cases are fiercely defended. Comp...


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18
Jan

Rules You Must Know in Big Truck and Bus Cases


 The Federal Motor Carrier Safety Administration (the “FMCSA”) promulgates regulations applicable to both the trucking and motorcoach industriesi. It is important to remember that these regulations (the Federal Motor Carrier Safety Regulations commonly called the “FMCSR’s”) constitute minimum standardsii. 49 CFR §391.1 establishes minimum qualifications for drivers of commercial motor vehicles. Nothing prohibits a truck or bus company from exceeding these ...


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18
Jan

Strategic Deposition Planning in Truck and Bus Cases


 Automobile, truck and bus cases share at least one thing in common – the road. Beyond that, they are very different. Because of extensive State and Federal regulation of the truck and bus industry, truck and bus cases present greater opportunities to prove liability, as well as perhaps, preserve, discover and develop a punitive damages claim. Such as it is, a different approach than with regard to the ordinary car crash case should be taken.   Truck and bus accident cases are ...


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25
Jan

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