Part 2 – Know the Case Better Than Anybody in the Courtroom
In this 8-part blog series, we will explore tips for preparing an effective cross-examination of trucking safety experts.
Last week, we discussed the importance of knowing your clients. This week we emphasize the importance of knowing the case.
Don’t fall for the trap that your incredible oral advocacy skills will help you win your case. Facts are what juries decide cases on. Sure, the way you deliver those facts can have an impact; however, if you don’t know your case inside and out, you are, as the saying goes “brining a knife to a gun fight.”
Our experience has shown us that many of these Plaintiff’s safety experts are used quite a bit by the Plaintiff’s bar. Which means that they are very busy. Which means that they have a lot of cases. Which means that they probably don’t prepare as much as they ought to.
And this is where you have an advantage.
You can spend the time and learn every aspect of your case. You can spend the time reading every swinging document in the driver’s DQ file to know of any potential problem in the file. You can be the one that actually reads through all of the trucking company’s training manuals to know the good things they are doing to make sure that they put safe drivers and safe equipment out on the road.
To put it another way, you have and advantage over the Plaintiff’s safety expert because you can be better prepared than they can.
And our experience has shown us that the more we are prepared, the less stressed we are going into trial. And the less stressed that we are, the more confident we are. And the more confident we are, the more they jury is going to see a lawyer who stands up, knows the facts, and is able to tell a story that is factually accurate and compelling.
Knowing the facts better than anybody in the courtroom is especially critical with a Plaintiff’s safety expert. Often times, these experts will take a fact that is literally true and then bend it or distort it in order to meet their conclusion. If you know the facts of the case better than anybody else, you can call the expert on their assumption and get them to admit that the facts don’t support their conclusion.
