Review by Richard Quintus.
Originally published in The Docket, a quarterly publication from the Arkansas Trial Lawyers Association.
I highly recommend this book as an educational tool and very handy resource and trial guide for attorneys practicing in commercial motor vehicle (truck) litigation.
This is a lengthy book (447 pages from beginning to end). However, it is organized not like a tome or novel, but a well-crafted educational guide and practitioner’s resource. So, as a practicing attorney, who does not have much additional time, you can take quick advantage of the organizational structure, which I felt was well conceived for an attorney resource. This trial guide and valuable resource provides twenty-three chapters in four organized sections: Theory and Method, The Trucking Industry, Types of Cases and Legal Issues. The organization proceeds generally from macro information to micro and becomes more specific as you read and progress into later chapters.
This trial guide provides an overview of many areas in the 27 chapters beginning with the initial case development, theme development, organization, and evaluation. This area is helpful to any attorney in litigation, trucking, or general litigator. The remaining parts of the trial guide focus on different parts of trucking litigation, with an overview of the industry, the types of cases that arise in trucking litigation, and then particular legal issues and nuances that may arise. Within this framework, are specific regulations, research, examples, insights and very practical, mentor type information that is often difficult to find in written materials, with a practicality for trial. I found the combination of treatise type research in parts well-blended with general theme and practical advice. This is unique and why I found this trial guide a great resource.
Trucking litigation is complex and the complexity within the industry grows every year as does our society. An attorney who wishes to practice in this field of the law, whether a personal injury lawyer, or an attorney who needs some guidance in a particular area, would be served by purchasing this trial guide and having it in their resource library. The four primary areas of the trial guide provide focus on necessary areas to become familiar with in trucking litigation, and provide very helpful trial concepts, ideas, and practical instructive guides on specific trucking issues.
I appreciate and favor this type of organization for my area of practice. I can review a section of Big Rig Justice and re-read it, learn, and be informed of specific, valuable information that Michael Cowen has identified and provided as part of his research and detail. Because of the layout and organization, after reading, a practicing attorney can quickly maneuver through the guide to a particular area to identify a federal regulation for trucking, a particular point, strategy, and specific hands-on skill discussion and example for actual trucking litigation and the different types of cases within trucking.
A nice, unexpected part of this trial guide is the specific reference to an Arkansas model jury instruction in providing a means and method for addressing trucking litigation. It is important to look at the law early and frame jury instructions. Trucking litigation involves a myriad and interconnected set of federal regulation interlocked with state regulation, including rules of the road. While Big Rig Justice is meant as a universal trial guide for practice in any state, as a practicing attorney in this area of law, I appreciated the specific reference to the Arkansas jury instruction in the context of the area of negligent hiring, and the ability of Mr. Cowen to bring the complex areas and organize with specific, very useful guidance and practical, useful information.
In conclusion, while there are many resources available on the Internet and law libraries, it is very helpful to have an immediate go to a trucking resource on certain specific areas in a field of law. In Big Rig Justice, Michael Cowen provides organized and specific sources of a practicing attorney’s thoughts and strategy, specific research information with regulations, jury instruction examples and law, helpful deposition and discovery strategies with several examples on different specific issues that may be involved in a particular trucking case. Mr. Cowen provides that information in his trial guide, and helpful, insightful, and interesting analogies, examples, and vignettes to educate and enlighten the reader.
I am thankful for the opportunity to review this trial guide. I am glad that I purchased the book as a valuable investment and can now use it as part of my resource material for actual litigation. It also has many glowing reviews and well-deserved recommendations from nationally known leaders in the trucking industry. From beginning in this area to being a seasoned practitioner, I would highly recommend this trial guide for attorneys that practice in trucking. Big Rig Justice is a very good, useful resource and investment.
Big Rig Justice: A Comprehensive Guide to Maximizing Value in Truck Accident Cases
by Michael Cowen