THERE S BEEN AN ACCIDENT, NOW WHAT? TIPS FOR A SUCCESSFUL ACCIDENT INVESTIGATION

THERE S BEEN AN ACCIDENT, NOW WHAT? TIPS FOR A SUCCESSFUL ACCIDENT INVESTIGATION Presented and Prepared by: Matthew S. Hefflefinger mhefflefinger@heylroyster.com Peoria, Illinois 309.676.0400 Brad W. Keller bkeller@heylroyster.com Peoria, Illinois 309.676.0400 Heyl, Royster, Voelker & Allen PEORIA CHICAGO EDWARDSVILLE ROCKFORD SPRINGFIELD URBANA 2015 Heyl, Royster, Voelker & Allen L-1

THERE S BEEN AN ACCIDENT, NOW WHAT? TIPS FOR A SUCCESSFUL ACCIDENT INVESTIGATION I. INTRODUCTION... L-3 II. INVESTIGATION COORDINATION... L-3 III. THE INITIAL INVESTIGATION... L-4 A. The First Call... L-4 B. Gather Data and Evidence at the Accident Site... L-4 1. Time and Location... L-4 2. Accident Scene... L-5 3. Parties Involved... L-6 4. Witnesses, Law Enforcement, and Emergency Responders... L-6 5. Vehicles Involved and Property Damage... L-7 6. Injuries and Fatalities... L-7 C. Respond to the Injured... L-8 D. Secure the Accident Scene... L-8 E. Experts... L-8 F. Alcohol and Drug Testing... L-8 G. Care and Support for the Driver... L-9 H. Obtain Witness Statements... L-10 I. Secure Documents... L-11 J. Secure Computer Devices... L-12 K. Obtain Reports and Evidence from the Authorities... L-12 L. Internet Resources... L-13 IV. COMMON FEDERAL MOTOR CARRIER SAFETY REGULATIONS APPLICABLE IN TRUCKING LITIGATION... L-13 V. CONCLUSION... L-16 The cases and materials presented here are in summary and outline form. To be certain of their applicability and use for specific claims, we recommend the entire opinions and statutes be read and counsel consulted. L-2

THERE S BEEN AN ACCIDENT, NOW WHAT? TIPS FOR A SUCCESSFUL ACCIDENT INVESTIGATION I. INTRODUCTION When a catastrophic trucking accident occurs, prompt and efficient collection of evidence is critical to minimizing liability exposure. If the fieldwork is not underway within 24 hours of the accident, the evidence begins to fade away. Traffic, weather conditions, road crews, and emergency responders clear off the accident scene along with critical pieces of evidence. Witnesses memories of specific details begin to fade as the accident is no longer fresh. As time elapses following the accident, the who, what, when, where, and why of the catastrophic accident become unattainable. With proper planning and coordination, those involved in the investigation can maximize the collection and preservation of critical pieces of evidence. The key is to develop a thorough method of collecting reliable, clear, and comprehensive information about an accident in order to allow for the early determination of the potential for liability and damages. II. INVESTIGATION COORDINATION Following a catastrophic accident, it is imperative to retain counsel and an accident investigator to help develop and coordinate the development of facts pertinent to the defense of the case. The benefits of involving an attorney from the very beginning of the investigation include: Coordination of investigative efforts helps reduce duplicate and unnecessary investigation during the critical moments. Assistance with the assignment and hiring of claims adjusters, accident reconstructionists, and other specialized investigators. Placement of the necessary resources to ensure the preservation of evidence at the accident scene, as well as communicating with the company regarding necessary documents to begin to accumulate. Protection of all communications concerning the investigation via the attorney-client and attorney-work product privileges. Ability to make an initial determination as to the potential liability issues and gear the investigation toward the defense of impending litigation. Effective communication between the company and its attorney immediately following the accident is the cornerstone to developing facts which will ultimately help minimize exposure. L-3

Every situation is different, and it is incumbent upon the attorney to make sure that he effectively communicates with the company representatives to make sure that resources are properly allocated and that critical evidence is investigated and preserved. III. THE INITIAL INVESTIGATION A. The First Call The first call usually comes from the trucking company, the driver or possibly law enforcement officials. Obtain preliminary facts from these individuals, such as: Whether the accident involved any injuries or fatalities. Extent of property damage - to both the vehicles and real property. Cargo information. Location, type, and configuration of roadway. Roadway conditions, i.e., weather, time of day, surface conditions. Details of the accident, i.e., location of vehicles involved, identification of witnesses, condition of the drivers, identity of passengers, etc. Compile a list of home, office, fax, e-mail, pager, and cell phone contacts for company officials who will serve as contacts and assist throughout the investigation. B. Gather Data and Evidence at the Accident Site Gather data and evidence at the accident site (depending on severity, retaining an accident reconstructionist at this phase can aid tremendously in determining exposure and event chronology) - after obtaining the preliminary facts, the investigation moves to the scene of the accident where there are crucial pieces of evidence that must be secured and preserved as soon as possible. 1. Time and Location Date and time of the accident Precise location: state/county/city; route or street, street address; intersection or junction of routes; distance from nearest community or junction, distance from mile markers, utility poles, highway bridges, etc. L-4

2. Accident Scene Construct a chronology: Obtain statements from drivers and witnesses to determine the sequence of events including the directions of travel of each vehicle to the point of impact and from the point of impact to its final resting place. Accident Scene: Time is of the essence. Get to the scene as soon as possible to determine the physical and traffic conditions that may have played a role in causing the accident. Data to collect: Measurements: Width of the traffic lanes or highway, clearance between parked vehicles, buildings, traffic islands, or other obstructions. Distance of the point of impact from identifiable stationary objects, such as telephone poles, fire hydrants, mile posts, etc. Length of skid marks and direction the vehicles traveled after the point of impact. Distance from the point of impact to detached parts of vehicles. Photographs: Scene from various angles. Resting position of vehicles involved. Damage to all vehicles and property involved. Pre-accident paths of the vehicles, i.e., tire tracks, skid marks, fluid trails, etc. Area where debris landed. Try to avoid gory photographs of injured parties. Record road, traffic, weather, and lighting conditions. L-5

3. Parties Involved Names and addresses of: Owners, drivers, and passengers of all vehicles involved. Owners of all other property involved. Determine the location of each party before and after the collision. Determine which parties sustained injuries. Identify fatalities and try to determine whether they survived the accident for any period of time. 4. Witnesses, Law Enforcement, and Emergency Responders Witness Statements: The most important information about an accident usually comes from witnesses, therefore witness statements are very important in the investigation and for potential litigation arising out of the accident. Allow the witness to tell his/her own story and then ask clarifying questions. Interview witnesses separately. Do not reveal the name or testimony of one witness to another. Determine the source of the witness information, whether it is from first-hand observation or hearing from another witness. Obtain a signed statement from each witness, if possible. Information to obtain: Names and addresses of individuals first on the scene. Interview investigating police officers and any state Department of Transportation officials to determine their initial opinions, if they photographed the scene, their level of expertise in accident reconstruction, and if they surveyed the area. Also, obtain the name, badge numbers, and agency of each law enforcement official. Identify the ambulance service and emergency technicians. Identify fire and rescue personnel on the scene. L-6

Identify wrecker or towing service and employees present to determine the condition of the vehicles transported and whether further damage was sustained during transport. Describe witnesses who refuse to identify themselves, i.e., license plate info, physical characteristics, etc. 5. Vehicles Involved and Property Damage Make, model, year of manufacture, serial number, body type, type of cargo, and gross weight. Identify each vehicle in a combination unit, i.e., tractor, trailer, etc. For any vehicles operated by a motor carrier, obtain the certificate or permit number issued by the U.S. Department of Transportation or state agency. For any leased vehicles, record the names and addresses of both the lessor and lessee. If the other vehicle is a bus, obtain the information listed above, as well as the number of passengers on board, a list of the passengers, and a diagram showing where each passenger was sitting or standing. It is important to obtain an immediate count of passengers. If the other vehicle is a passenger car or other small vehicle, record the make, year of manufacture, VIN number, body type, and current license number. Describe the damage: sustained by each vehicle involved; to any cargo in any vehicle; and to any real property. Estimate the dollar value of damage to each vehicle, its cargo, and other property damage. Determine the cause of damage to each vehicle and related property. 6. Injuries and Fatalities Obtain name, address, gender, age, marital status, number of dependent children, and employment status of each injured person. Describe the nature and extent of injuries. L-7

Obtain the name of the doctor and hospital involved in the initial treatment. Describe the nature of the treatment administered. If possible, identify the injured s treating physician. For fatalities, obtain the clinical cause of death and events that established the cause of death. Obtain the date and place of death for each person killed, including persons dying at a later date from injuries sustained in the accident. Possible sources of information include obituaries and autopsy or medical examiner s reports. C. Respond to the Injured Respond to the injured by determining the extent of the injuries and obtaining appropriate medical care. D. Secure the Accident Scene Secure the accident scene in coordination with local law enforcement to prevent further accidents, injuries, damage, and to preserve the evidence. E. Experts The attorney and company representatives need to quickly determine whether an accident reconstructionist will be necessary, and it is critical to get the accident reconstructionist to the accident scene as soon as possible. Furthermore, there are many cases where a trucking safety expert may need to be utilized as well. It is imperative that the attorney and company representatives communicate to determine the likely scope of the issues involved and what will likely need to be addressed by experts in the event that litigation is ultimately filed. F. Alcohol and Drug Testing 49 CFR Section 382.303 Post-Accident Testing As soon as practicable following an accident involving a commercial motor vehicle operating on public road, the employer shall test for alcohol and controlled substances. Alcohol testing shall occur when: 1) The accident involved loss of human life; 2) The driver is issued a citation within 8 hours of the occurrence, and if the accident involved: (a) Bodily injury to any person with medical treatment occurring away from the scene; or (b) Disabling damage to any motor vehicle requiring a tow away. L-8

Controlled substance testing: 1) The accident involved loss of human life; 2) The driver is issued a citation within 32 hours of the occurrence, and if the accident involved: (a) Bodily injury to any person with medical treatment occurring away from the scene; or (b) Disabling damage to any motor vehicle requiring a tow away. If an alcohol test is not administered within 2 hours following the accident, the employer is required to maintain a record on file regarding the reasons the test was not promptly administered. If an alcohol test does not occur within 8 hours, or a controlled substance test does not occur within 32 hours after an accident, the employer cannot have the tests undertaken and must maintain on file a record regarding the reasons the test was not promptly administered. G. Care and Support for the Driver By the time the attorney or an accident investigator comes into contact with the driver, the driver has already given a statement to the police. Unfortunately, drivers are often in a high level of mental and emotional distress. As a result, their statements or representations are often incoherent, full of remorse, or distorted by their state of mind. For better or worse, statements made by the driver often become the most relied upon version of events due to their proximity in time to the accident. Other than the information required by law enforcement, it is imperative that the driver should not give any written or recorded statements. An experienced attorney, along with the assistance of company representatives can work to protect the driver from making spontaneous and emotional admissions and speculations. Also, in the event of possible criminal charges, the attorney can retain criminal defense counsel to protect driver s rights. Consider the following in dealing with the driver: Contact the driver immediately and assure him that you are on his side. Determine whether the driver needs medical attention. Coordinate transportation home for the driver. Arrange for the driver to submit to alcohol and drug testing. Determine if driver needs counseling, refer him to his employer s Employer Assistance Program. L-9

Determine the content of any statement given by the driver to the investigating law enforcement authorities and to any other parties. Obtain the driver s own account of the accident, including the chronological events leading up to the accident, how long he had been driving, the nature of the cargo, and facts leading to the cause of the accident. Discuss in detail the road and weather conditions. Determine whether the driver has had any maintenance problems with the truck. Determine the location of documents related to the truck, including the driver s logs, shipping papers, any citations or tickets, vehicle inspections, fuel receipts, scale receipts, etc. Obtain authorization from driver to obtain his driving record, his commercial driver s license application and testing results. Obtain authorization from driver for release of his medical records, determine if he suffers from any medical conditions or wears glasses or contacts. Obtain driver s personal contact information. Advise driver on how to deal with the press. Explain to the driver what to expect if a civil suit is filed or if criminal charges are made against him. Determine if the driver received a citation or ticket and if so, make arrangements to respond to the citation or ticket. H. Obtain Witness Statements Often, the most important source of information comes from persons who were involved in investigating or responding to the scene. Preliminary facts that may not be ascertainable at a later date, such as condition of injured parties, initial statements, roadway and weather conditions, state of the vehicles, etc., are essential. Statements should be considered from the following persons: Driver Company employees on the scene L-10

Law enforcement Emergency responders: fire and EMT Eyewitnesses Tow truck operators I. Secure Documents Documents often serve as key pieces of evidence in litigation. They contain information that may reveal confidential information or information that may lead to liability. Some documents may be protected by a privilege, which would prevent disclosure to plaintiffs. However, many documents are not privileged, and may later be subject to a spoliation claim if the documents are not secured from the very beginning of the investigation. Even if litigation is uncertain, it is still worthwhile to secure the following documents: Driver s logs for 30 days prior to the accident. Equipment inspection reports for 30 days prior to the accident. Dispatch records relating to the driver for a week prior to the accident. Bills of lading and shipping documents for the trip involving the accident. Fuel receipts for 30 days prior to the accident. Weight tickets for at least one week prior to the accident. Toll receipts for at least one week prior to the accident. All maintenance files for the tractor and trailer involved. Trucking company s investigation file, including photographs and statements, secured by its own employees. Copies of the trucking company s policies, procedures, and training materials in force at the time of the accident. Information relating to the driver: qualifications and credentials. drug and alcohol testing results. L-11

payroll records for 30 days prior to the accident. cell phone records for the month of the accident. driving record. any disciplinary record in personnel file. J. Secure Computer Devices Heavy trucks manufactured after the mid-1990s are likely to be equipped with on board electronic control modules (ECM), which record the truck s movements prior to the accident. Similarly, some trucks may be equipped with global position systems (GPS), which can calculate the exact positioning of a truck. Passenger cars also have technology that can provide useful accident information. Some newer cars contain a car data retrieval (CDR) system that downloads information from the air bag control system. All these computer devices can provide critical information such as the speed of the vehicle, the driver s actions leading up to, during, and after an accident. In order to preserve this type of evidence, consider the following steps: After the tractor is released by the authorities, secure it until a technician can download the ECM data (in the event law enforcement personnel did not download the data). During the retrieval information, have a court reporter present to swear in the technician to establish on the record his qualifications and procedures followed in downloading the data. After downloading, secure digital and hard copies of the data. Contact the trucking company to determine if they have any GPS or other digital data. Contact the insurance carrier (and its counsel) of other passenger vehicles involved in the accident in an attempt try to reach an agreement to preserve and obtain relevant electronic data. Consider seeking immediate court relief to obtain necessary protective orders where appropriate to make sure critical evidence is properly preserved. K. Obtain Reports and Evidence from the Authorities Another source of critical evidence and data is the file of the investigating law enforcement officer. Beyond the police report, documents from state agencies and other authorities may provide important information. Obtain the following documents from the appropriate authorities: L-12

Any Department of Transportation vehicle inspection reports regarding the working condition of the equipment. Any citations issued by Department of Transportation, a state agency, or other local law enforcement officials. Preliminary, final, and supplemental accident reports. Any photographs. Any accident reconstruction files generated by authorities with such expertise. Official weather reports. L. Internet Resources Investigate parties and witnesses through Facebook and other online resource sites. You may find information posted by individuals who witnessed the accident, although they were not identified on the traffic crash report. Furthermore, many individuals and/or family members may post interesting and surprising things subsequent to an accident, which may prove helpful in early settlement discussions or in subsequent litigation. IV. COMMON FEDERAL MOTOR CARRIER SAFETY REGULATIONS APPLICABLE IN TRUCKING LITIGATION 49 CFR Section 383.111 Required Knowledge of All Commercial Motor Vehicle Drivers All commercial vehicle drivers are expected to understand motor vehicle inspection requirements, repair and maintenance requirements, safe vehicle operations, effects of alcohol and drug use and effects of fatigue and other health matters upon safe driving. 49 CFR Section 391.11 General Qualifications of Drivers 21 years old Can read and speak English language sufficiently to converse with the general public and understand highway traffic signs and signals Capable of safely operating a commercial motor vehicle Has a valid CDL Is physically qualified to drive L-13

49 CFR Section 392.2 Applicable Operating Rules Every commercial motor vehicle must be operated according to the laws, ordinances and regulations of the jurisdiction in which it is operating. 49 CFR Section 392.3 Ill or Fatigued Operator No driver shall operate a commercial motor vehicle when the driver's ability or alertness is so impaired, or likely to become impaired, through fatigue, illness or any other cause as to make it unsafe for him or her to begin or continue to operate the vehicle. 49 CFR Section 392.6 Schedule to Conform with Speed Limits No motor carrier shall schedule a run nor permit the operation of any commercial motor vehicle such that the vehicle would have to operate at speeds greater than those prescribed. 49 CFR Section 392.7 Equipment, Inspection and Use No commercial vehicle shall be driven unless the driver finds that brakes, steering, lighting, tires, horn, windshield wipers, mirrors and coupling devices are in good working order. 49 CFR Section 392.9 Inspection of Cargo, Cargo Securement Devices and Systems A driver may not operate a commercial motor vehicle and a motor carrier may not require a driver to operate a vehicle unless the cargo is properly distributed and adequately secured. The driver must ensure himself that the cargo is properly distributed and adequately secured before the driver operates the commercial motor vehicle. 49 CFR Section 392.14 Hazardous Conditions; Extreme Caution The driver of a commercial motor vehicle shall exercise extreme caution when driving in hazardous conditions, including snow, ice, sleet, fog, mist, rain, dust or smoke, or any condition which would adversely affect visibility or traction; if conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued. 42 CFR Section 392.60 Unauthorized Persons Not to Be Transported No driver shall transport any person unless specifically authorized in writing to do so by the motor carrier. L-14

49 CFR Section 392.80 Prohibition Against Texting No driver shall engage in texting while driving nor shall a motor carrier allow or require its drivers to engage in texting while driving. 49 CFR Section 392.82 Using a Handheld Mobile Phone No driver shall use a handheld mobile telephone while driving a commercial motor vehicle, nor shall a motor carrier allow or require its drivers to use a handheld mobile telephone. Use of a mobile telephone is defined as: Using at least one hand to hold a mobile telephone to conduct a voice communication; Dialing or answering a hand held mobile telephone by pressing more than a single button; Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with federal regulations that has been adjusted in accordance with the manufacturer s instructions. (emphasis added) 49 CFR Section 395.3 Maximum Driving Time for Property-Carrying Vehicles May drive a maximum of 11 hours after 10 consecutive hours off duty. May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off duty time does not extend the 14 hour period May not drive after being on duty 60 hours in 7 consecutive days or 70 hours in 8 consecutive days. A driver may restart the 7/8 day period any time with 34 consecutive hours off duty (34 Hour Restart Rule). 49 CFR Section 395.8 Driver's Record of Duty Status Every motor carrier shall require every driver to record his duty status for each 24 hour period. The duty status shall be recorded either at "off duty," "sleeper berth," "driving," or "on duty not driving." Driver shall keep the records of duty status current to the time shown for the last change of duty status. L-15

Each motor carrier shall maintain records of duty status for a period of six months from the date of receipt. The driver shall retain a copy of each record of duty status for the previous seven consecutive days. 49 CFR Section 396.3 Inspection, Repair and Maintenance Every motor carrier must systematically inspect, repair and maintain all motor vehicles subject to its control. Maintenance records shall be maintained current for a period of one year, or six months after the motor vehicle leaves the motor carrier s control. 49 CFR Section 396.7 Unsafe Operations Forbidden A motor vehicle shall not be operated in such a condition as to likely cause an accident or breakdown of the vehicle. Any motor vehicle discovered to be in an unsafe condition while being operated may be continued in operation only to the nearest place where repairs can safely be effected. 49 CFR Section 396.11 Driver Vehicle Inspection Reports (Post-Trip Inspection) Previously, every driver was required to prepare a report at the completion of each day's work addressing the mechanical performance of the vehicle. Effective December 18, 2014 commercial motor vehicle drivers operating in interstate commerce, except drivers of passenger-carrying commercial motor vehicles, are no longer required to document the inspection event when no safety-related vehicle defects exist. Nevertheless, the changes in the rule do not change the requirement to perform the end of day driver vehicle inspection. The rule changes sought to harmonize 396.11 and 396.13. 49 CFR Section 396.13 Driver Inspection (Pre-Trip Inspection) Before driving a motor vehicle, the driver shall be satisfied that the motor vehicle is in safe operating condition. 49 USC Section 396.17 Periodic Inspection Every commercial motor vehicle must undergo an annual inspection. A motor carrier must perform the required annual inspection for vehicles under the carrier's control. V. CONCLUSION A catastrophic trucking accident can occur at any time. There are often many people to talk to, objects and documents to inspect/preserve and many competing interests involved. Conducting L-16

a coordinated and thorough investigation will serve as the foundation for a strong defense in subsequent litigation. L-17

Matthew S. Hefflefinger - Partner Matt is an aggressive advocate who has tried many cases to verdict and enjoys the challenge of complex litigation. He handles the defense of personal injury cases primarily focusing upon the trucking and construction industries. Matt is co-chair of the firm's Trucking/Motor Carrier Litigation Practice Group. He is frequently contacted immediately after a catastrophic loss to visit an accident scene and help develop the facts and case strategy with an eye toward a successful result once litigation is filed. Beyond his experience in trucking and construction matters, he also handles cases touching upon a wide variety of areas including construction delay claims, covenants not to compete, breach of contract, aviation accidents, premises liability, auto accidents and product liability. Matt is a Martindale-Hubbell AV rated lawyer who has remained extensively involved in the community serving on a number of boards of community organizations. He has taught a Masters level course in the graduate business program at Bradley University and is a frequent speaker at continuing legal education seminars held across the state addressing a variety of different legal topics. He has also been instrumental in founding two local charitable organizations dedicated to, among other things, awarding college scholarships to local high school seniors. In 2000, Matt was recognized as one of the "40 Leaders Under 40" by InterBusiness Issues, a leading publication in central Illinois. Born in Pennsylvania, Matt began his legal career with Heyl Royster while he was still in law school by clerking with the firm during the summer. Following graduation, he joined the firm in the Peoria office in 1989 and became a partner in 1997. Significant Cases Illinois Press Association, The State Journal- Register and the Northwest Herald v. Illinois High School Association (IHSA), Case No: 07 CH 885, Sangamon County - Illinois Press Association alleged that the IHSA was in breach of a 2008 Settlement Agreement for charging a fee for broadcasting high school playoff games on the Internet. The Illinois Press Association contended that the Internet broadcasting of playoff games constituted a "newspaper product." The IHSA was successful, and the court determined that the IHSA did have the legal right to charge fees for broadcasting playoff games on the Internet. Read Article Hammond v. System Transport, Inc., 942 F.Supp.2d 867 (C.D. Ill. 2013) - Rural intersection accident involving post-impact fire. Double fatality with admitted liability. Prior to trial, court ruled that evidence of any negligent acts leading up to the accident were irrelevant. However, the manner of death was within the scope of damages allowable for grief, sorrow and mental suffering under the Illinois Wrongful Death Act. Despite no evidence suggesting either decedent survived the impact, plaintiffs' counsel argued various facts regarding the subsequent fire was relevant. Despite some of the aggravating evidence associated with the fire postoccurrence, court ruled that it could not exclude all evidence associated with the manner of death or the events surrounding the accident. This was an issue of first impression in Illinois. Burch v. Earle M. Jorgenson v. Morton Welding, Case No: 04 L 56 - Obtained summary judgment on the eve of trial for a welding company. Plaintiff suffered injuries during the unloading of a flat bed semi. Plaintiff had a career ending back injury, which resulted in three surgeries. After summary judgment was entered for our client, the case settled for $2.2 million. Jeramie Morris as special administrator of the Estate of Kimberly Gregorich, deceased and the Estate of John F. Parrett, IV deceased and Elizabeth Johnson, Individually and as special administrator of the Estate of Inara Parrett, deceased v. Nathan E. Merrill and Martin Co. Excavating - Truck driver ran stop sign resulting in deaths of 18 month old child, child's father and child's grandmother. The child's mother survived, but suffered various injuries. Retained by insurance carrier to help navigate through potential bad faith issues. Complex pre-suit investigation with numerous issues explored, L-18 Learn more about our speakers at www.heylroyster.com

ultimately resulting in favorable settlement at mediation within our case evaluation. Knight v. Smithway Motor Xpress, Inc., Case No. 08-4046 - Trucking accident litigation involving serious injuries with a complicated recovery. There were multiple parties involved with claims for punitive damages and spoliation of evidence. We represented the bailee of the trailer involved in the accident, a concrete precast manufacturer. It was alleged that the trailer involved had various brake problems arguably contributing to the accident. Complex case with a favorable settlement reached for our client through mediation. Chapman v. Brokaw, 225 Ill. App. 3d 662 (3d Dist. 1992) - Jury trial arising from a dispute under a lease with an option to purchase a home in Peoria. Issues involved whether the covenant of quiet enjoyment was breached and whether our clients' properly exercised their option to purchase the property. Cornett v. Gromenn Service Company v. Caterpillar Inc., 227 Ill. App. 3d 148 (3d Dist. 1992) - Third Party Complaint for Contribution against Caterpillar was dismissed as timebarred under the product liability statute of repose. Morton Community Bank v. Nash-Hasty Investments, Tazewell County, 98 L 133, and NASD Arbitration No. 98-03671 - Represented two stockbrokers against a bank in the successful arbitration of a covenant not to compete before the National Association of Securities Dealers. Publications "Evidentiary Issues Involving Grief, Sorrow and Mental Suffering," DRI, In Transit - The Newsletter for the Trucking Law Committee (2014) "Review of Broker Liability," For The Defense (2014) "Punitive Damages in Trucking Litigation: Recognizing Risk and Assessing Exposure," DRI, In Transit - The Newsletter for the Trucking Law Committee (2012) Public Speaking You re In An Accident How and What to Preserve and Protect Midwest Truckers Association Annual Convention (2015) Governmental Regulation of State Association Disability Accommodations National Federation of High School Associations Legal Summit (2014) Attorney and Company Perspective: Accident Response/Client Protection/Preservation DRI Trucking Primer (2013) The Involvement & Impact of Disabled Student Athletes in High School Activities National Federation of High School Associations Legal Summit (2013) Professional Recognition Martindale-Hubbell AV Preeminent Selected as a Leading Lawyer in Illinois. Only five percent of lawyers in the state are named as Leading Lawyers 40 Leaders Under 40 - Peoria, 2000 Abraham Lincoln American Inn of Court (President 2005-2006) Professional Associations Claims and Litigation Management Alliance (CLM) Trucking Insurance Defense Association (TIDA) Transportation Lawyers Association (TLA) Defense Research Institute (Membership Chair, Trucking Law Committee) Illinois Association of Defense Trial Counsel Abraham Lincoln American Inn of Court (Past President) American Bar Association (TIPS Commercial Transportation Litigation Committee) Illinois State Bar Association Peoria County Bar Association Court Admissions State Courts of Illinois United States District Court, Central District of Illinois United States District Court, Northern District of Illinois Education Juris Doctor, Southern Illinois University School of Law, 1989 Master of Business Administration, Southern Illinois University, 1989 Bachelor of Science (magna cum laude), Bradley University, 1984 L-19 Learn more about our speakers at www.heylroyster.com

Brad W. Keller Associate Brad concentrates his practice on civil litigation defense in the areas of professional liability, product liability, trucking/transportation, sexual torts, toxic torts, premises liability, auto, and commercial litigation. He is actively involved in all stages of litigation and has been responsible for drafting and arguing numerous discovery motions, motions to dismiss, motions to compel and motions for summary judgment. He has taken and defended numerous depositions, including those of plaintiffs, fact witnesses, treating physicians, corporate representatives, and experts. He has had the opportunity to participate in a three-week jury trial in LaSalle County and in several bench trials. He has also played a key role in several mediations, either by drafting mediation briefs or participating at the mediation. Brad is originally from Quincy, IL, and attended the University of Illinois for undergraduate and law school. While in law school, Brad clerked for the Judges of the Eighth Judicial Circuit, Adams County in 2008 and in Heyl Royster's Urbana office in 2009. Following graduation from law school, Brad joined the firm's Peoria office. Brad chaired the firm's 2011 pro bono work for Prairie State Legal Services and was awarded the area's Young Lawyer Volunteer of the Year Award for his work that year. He was recently appointed to the Tenth Judicial Circuit's Pro Bono Committee. Publications "Evidence and Practice Tips: Admissibility of Statements under Illinois Rule of Evidence 408: Control Solutions, LLC v. Elecsys," Illinois Defense Counsel Quarterly (2014) "Fraser v. Jackson: Second District Affirms Orders Barring Expert as Discovery Sanction and Awarding Fees Associated with Proving Reasonableness of Medical Bills," Illinois Defense Counsel Quarterly (2014) "The Evidence and Practice Tips Column: Statement Made in Motion Practice Admissible at Trial," Illinois Defense Counsel Quarterly (2014) "Tips for Forum Non Conveniens Motions Taylor v. Lemans Corp." and " Sutton v. Ekong: Examination of a Plaintiff's Use of 735 ILCS 5/2-203.1 to Allow for Special Service," Illinois Defense Counsel Quarterly (2014) "Review of Broker Liability," For The Defense (2014) "No Further Duty to Investigate After Establishing Probable Cause," Illinois Defense Counsel Quarterly (2011) Public Speaking You re In An Accident How and What to Preserve and Protect Midwest Truckers Association Annual Convention (2015) Professional Recognition Peoria County Pro Bono Plan (Young Lawyer Volunteer of the Year - 2012) Professional Associations Illinois State Bar Association Peoria County Bar Association Abraham Lincoln Inns of Court Tenth Judicial Circuit Pro Bono Committee Court Admissions State Courts of Illinois United States District Court, Central District of Illinois Education Juris Doctor (magna cum laude), University of Illinois College of Law, 2010 Bachelor of Arts - Political Science, University of Illinois, 2007 L-20 Learn more about our speakers at www.heylroyster.com