Discuss the case informally with the attorney to determine whether there are issues on which we can assist.
Review documents produced to date to form preliminary opinions, and auditing of documents produced. For example, the original Request for Production in a case can be compared to production to indicate documents not produced which should be in existence.
Assist in gathering pertinent information about the driver, carrier, vehicles and the trip in question which may not have been produced or requested. Mr. Roush can provide assistance with interrogatories, additional requests for documents or a Motion to Compel when necessary. He audits and explains the motor carrier documents produced as to their true meaning and applicability to a given occurrence. We can assist in establishing the existence of tracking devices such as GPS or Qualcomm communications, fueling data such as ComData cards, ECMs, Black Boxes and etc. along with recovering and interpreting the data from these systems and devices.
Analysis of evidence such as documentation and testimony may be used to accomplishe time reconstructions relative to a driver's hours of service and evaluation of a driver's and/or motor carrier's state of compliance with the FMCSR, hazardous materials regulations and industry standards. Additionally, all involved motor carriers can be identified beyond simple livery, STB/DOT reports can be obtained and FOIA demand letters can be formulated to secure past records on a motor carrier relative to safety and compliance status within the motor carrier industry. This information includes past punitive actions, safety rating at the time of an accident and documents indicating past enforcement audits listing past violations, civil forfeitures and federal court actions.
We may be able to assist with driver or motor carrier representative questions customized to a particular occurrence for use in deposition. If necessary, Mr. Roush is available to be present at depositions in serious or complicated matters where a consultant can offer immediate knowledge and assistance to counsel.
Expert Opinions and Consultation: Evaluation and explanation of the evidence and facts involved will be made during and after the discovery process with advice afforded to counsel both positive and negative. It should be noted on many occasions Mr. Roush participates only as an evaluative consultant to counsel.
Deposition and Trial Testimony: Mr. Roush renders deposition testimony at locations designated by his clients throughout North America as necessary or in Medford, Oregon if desired. In the event trial testimony is required, Mr. Roush will, of course, be available to offer expert testimony.
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