Trucking Litigation: Key Insights for Deposing Drivers and Corporate Representatives

Briant G. Mildenhall | Fried Goldberg LLC

Briant G. Mildenhall is a Board-Certified trucking attorney at Fried Goldberg in Atlanta, Georgia. He has handled trucking cases in 19 different states and serves on the ATAA Board of Regents. Besides specializing in trucking law, Briant has also dedicated many hours to judicial reform in Eastern Europe. He speaks Russian and has taught trial advocacy skills to law students in Ukraine and Moldova. Briant and his wife live in Roswell, Georgia, with their five children and two dogs, where they enjoy hiking, soccer, and fine pizza.

I. Important Themes in Trucking Cases | 2:00pm – 2:15pm

• Understanding the context of trucking accidents
• Key issues to explore during depositions
• Importance of depositions in establishing liability and damages

II. Preparing for Depositions | 2:15pm – 2:30pm

• Obtaining documents in discovery
• Outlining
• Exhibit Preparation
• Role playing

III. Importance Of Depositions in Establishing Liability And Damages | 2:30pm – 2:45pm

• Establishing Rules through regulations and industry sources
• Researching the truck driver’s background and history
• Understanding the trucking company’s policies and practices
• Identifying relevant documents and evidence for questioning
• Key topics to explore with truck drivers
  • Medical history and fatigue levels
  • Compliance with federal safety standards
  • Training and supervision practices
• Key topics to explore with corporate representatives
  • Company policies on safety and compliance
  • Incident response protocols

IV. Notice Requirements for 30(b)(6) Deposition of Trucking Company Representatives | 2:45pm – 3:00pm

• Crafting a clear and comprehensive deposition notice
• Defining the scope of the deposition under Rule 30(b)(6)
• Ensuring compliance with notice requirements

Break | 3:00pm – 3:10pm

V. Conducting the Deposition | 3:10pm – 3:22pm

• Strategies for effective questioning techniques
• Maintaining control of the deposition process
• Building rapport with the deponent while remaining assertive

VI. Videotaping the Deposition | 3:22pm – 3:34pm

• Benefits of videotaping depositions
• Best practices for recording and preserving depositions
• Legal considerations and ethical implications

VII. Using Demonstrative Exhibits | 3:34pm – 3:46pm

• Types of demonstrative exhibits to use (e.g., Federal Motor Carrier Safety Regulations, CDL Manual)
• Techniques for effectively integrating exhibits into questioning
• Enhancing clarity and impact through visual aids

VIII. Raising and Defending Objections | 3:46pm – 3:58pm

• Common objections encountered during depositions
• Techniques for raising objections effectively
• Strategies for responding to opposing counsel’s objections

IX. Dealing with Evasive or Difficult Deponents | 3:58pm – 4:10pm

• Identifying signs of evasiveness and resistance
• Techniques for addressing and overcoming difficult deponents
• Maintaining composure and professionalism in challenging situations