Counsel and Commentary
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Counsel and Commentary
When Trucks Turn Left: Exposing the Hidden Dangers in Personal Injury Cases
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Have you ever wondered what really happens behind the scenes of high-stakes personal injury litigation? Attorney Robert Doig pulls back the curtain on the complex world of trucking accidents, construction injuries, and wrongful death cases in this revealing conversation.
Drawing from his unique background as a former prosecutor, Doig explains how commercial truck accidents often involve a pattern many drivers never consider—left turns gone wrong. These seemingly routine maneuvers by 70-80 foot trucks can turn deadly when drivers cut corners or operate vehicles with faulty brakes and spotty inspection histories. The investigation goes far beyond the driver, examining motor carrier safety ratings, shipper control, and a web of federal regulations most people never see.
Technology has transformed courtroom presentations, with video depositions leaving "nowhere to hide" for witnesses contradicting themselves. Doig recounts confronting experts with their own inconsistencies on large screens visible to everyone—a powerful tool for revealing truth to juries. Meanwhile, AI is beginning to shape how evidence is gathered and models of accident scenes are created.
This episode is brought to you by Top Attorneys Of North America. https://topattorneys.us/
Whether you're curious about how catastrophic injury cases work or want to understand what separates exceptional legal representation from the ordinary, this conversation offers valuable insights into a field where the stakes couldn't be higher—the pursuit of justice after life-altering tragedy.
To learn more about Robert Doig:
1. https://www.doiglawfirm.com/
2. or call 610-565-9565
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Introduction to Robert Doig
Speaker 1So a lot of depositions are taken by video and there's nowhere to hide in a video when we are in the courtroom. Often we're pulling up testimony and it's on a big screen. It's interesting. I remember an expert in this last trial we did who was disputing some of the medical records and we just said is that your position? Yes, and then we pull up the medical record that shows otherwise.
Speaker 2Welcome to Counsel and Commentary, the ultimate podcast for entrepreneurial lawyers ready to take their practice to new heights. Each week, we dive deep in the business strategies, growth frameworks, real-world lessons you didn't learn in law school but absolutely need to build a thriving, sustainable firm. Whether you're a solo practitioner or running a small team, you'll discover actual insights on leadership, marketing, client acquisition, system building and financial management, all tailored specifically for the legal world. Hosted by seasoned entrepreneur Jonathan Tuttle, thank you. A podcast guesting tour agency for those wanting to get booked on top podcast shows. If you're ready to work smarter, lead better and scale faster without burning oil, keep listening and let's build a firm and life you deserve. Welcome back to the newest episode of Council on Commentary. Today I have a fantastic guest, robert Doig. Welcome to the show.
Speaker 1Nice to be here. Nice to be here with Jonathan.
Speaker 2Thank you, thank you. Well, first, what inspired you to become a personal injury and wrongful death attorney? What was kind of your background behind that?
Speaker 1So my father had been in this area for a long time. I took the path, coming out of law school, of prosecution work. I was a local state attorney general and then went to Washington for a period of time as a federal prosecutor. They were particularly toward the end of that long, complex white-collar fraud trials for the most part cases investigations and it seemed a natural fit to move over to plaintiff's work. So my father, hal Doig, had left his firm, gone out on his own, and I joined him and learned the civil business, and we have developed a niche, particularly in a few areas, specifically trucking and construction accident work, a lot of industrial accident work as well, then why? Because we have developed a um, friendships, relationships with several building trade unions in the Philadelphia area and um that's extended into each of these specific fields really, and we seem to have a lot of cases that come in in trucking and a lot that come in in industrial and construction accidents and they try yeah, no.
Speaker 2that's amazing, and can you share a memorable case early in your career that shaped the way you practice law today?
Speaker 1Well, when I got out here's a memorable one. When I came back from being a fed, I had my first civil trial, in the 90s I guess, and uh, it was a medical malpractice which I had never done. That went six and a half weeks uh, for an older person and um it ended up being a pretty large verdict for a older fellow who had been um, um.
Navigating Truck Accident Cases
Speaker 1He had shingles and they over medicated him and he ended up with a broken leg and and several problems ultimately led to his death. And I I thought, wow, over medication, six-week trials this what these cases are all about. Are they that long? Because that's consistent with the time we were trying savings and loan and HUD fraud and the uh uh Federal fraud arena through the fraud section section of the Justice Department. Now we just finished a trial in May that involved a pretty complicated, comprehensive set of facts involving a truck case where there was a fatality. A fiance survived and she had severe back compression fractures and their daughter was in the back of the vehicle that was totally destroyed when a truck made an unlawful left turn through a blinking red light down a ramp camp and, while she was not physically injured, she ended up having severe emotional injuries. So it was just compelling from both a legal and a medical standpoint yeah, no, that sounds yeah.
Speaker 2You can't put a price on health, so especially mental health. What is something most people misunderstand about your line of work?
Speaker 1I think one thing they misunderstand is we wouldn't take a case unless we really believed that there was a wrong, that these people are legitimate victims legitimate victims and that there is a lot involved and a lot of investigation that goes into preparing a case to identify all of the correct defendants in their role in it and then getting out others that didn't have a significant role that led to the accident.
Speaker 2Pretty basic, but yeah, and what are some common mistakes clients make before hiring an attorney like you in these type of situations?
Speaker 1Well, I think a significant one is that truck construction and industrial accidents are incredibly complicated. They involve a lot of money. They involve spending money to investigate and then to prosecute the cases. It takes a lot of time to investigate the here in a trucking, the federal regulations that apply, and then to go in and dig into the past, the violations committed by that motor carrier, commercial motor carrier, to know that whole driver's history, then to kind of look up the chain to all right. So who selected that particular motor carrier? Was it a shipper, was it an owner?
Speaker 1Here in the southeast of Philly what's interesting is we have a lot of industrial settings. We'll have refineries or just a number of large plants, industrial plants. These truck companies, for example, are servicing those plants and it's amazing how those particular industries are directing, controlling those specific motor carriers and their drivers. A lot of people don't know that. That's got to be a significant part of an investigation. And the same thing actually applies in the construction side in those specific plants. Why? Because you go on into a plant you could have multiple building trades, multiple unions, non-union contractors involved. Often lawyers don't know what really happened. It takes a while to find it out. One thing we do is we get on it right away and we have, because of these connections, the ability to talk with other trades, other workers who were on the scene, even their contractors, to find out, okay, what are the actual facts. And things get covered up quickly. So you press to get photograph footage of the accident site immediately.
Speaker 2Yeah, I can see the trucking company is being shady because they know the settlements. How do you handle cases that are emotionally difficult, especially wrongful death claims?
Speaker 1So that's a great question. They're very difficult, particularly the younger the victims. The last one we had everybody was young Fiancee who passed, who I had, was young, his significant other was young and obviously a young child and it's a traumatic experience. Physically. You're trying, and emotionally, to get them help, often pretty quickly, for their mental health, mental decline you know is coming or is is immediately there. That's one and then trying to to keep them fully abreast. Okay, here's what we're doing and why I tend to be living with my clients to the point where I'm calling them a good bit or my paralegals are or my colleagues if we're partnering with another firm, and it's great in most respects in that they're fully kept up to speed. But we're checking, tracking their emotional uh downside caused by such a traumatic loss and um, and then you got to get them help. Yeah it's.
Speaker 2It sounds stressful. I can imagine dealing with the families and you know the grieving. Uh, what's? What's the most challenging aspect of proving fault or negligence? Proving which? What's the most challenging aspect of proving fault or negligence typically?
Speaker 1So all right. So take a truck case. There it's showing all right. So who had control? Well, what's the immediate fault? And you go to the driver. You go to the scene.
Proving Fault in Complex Cases
Speaker 1We're finding in the truck cases or at least I am there are a lot of left turn accidents involving trucks. They have typically 70 to 80, well, 70 to 76, 78 feet of truck making a left turn. They might be making it short, they might be making it without your basic L shape, right where they pull up and they go far enough into the intersection and they're making a left in an L-shaped pattern. We're finding they cut it short and they go in then to opposing traffic. That's so often the case. So you're proving and then, as we had in the last case, and we're seeing it a good bit there are faulty brakes. For example, in the last one we had a tractor that had not been inspected in 21 months, didn't have up-to-date brakes, hadn't been inspected such that there was over a 25% loss of efficiency function of the braking mechanisms. That was a danger in and of itself.
Speaker 1Then we looked closely at the driver's driving history multiple violations. That carrier wasn't even active, for example, on a tracking by the Federal Motor Carrier Safety Administration for commercial motor vehicles which are 1,001 pounds, 10,001 pounds and more traveling in interstate commerce. So you're looking first at that and that's what gets interesting. Then you have to go up the chain as best you can, all right. Well, who are they driving for and who is that shipper?
Speaker 1How controlling is that shipper? For example, is the shipper setting the routes? Are they doing it for efficiency purposes? Hey, we want them coming back and picking up as many of the freight goods materials, coming back and picking up as many of the freight goods materials, whatever it is, bringing it back and moving them along. Do they actually track them through means in the cab of the tractor or are they following them, which we had in the last case? And are they looking at their safety ratings? Federal Motor Carrier Safety Administration puts out it's called SMS, it's a safety measurement system and they look through truck inspections on the road and or traffic violations and crashes frequency of crashes and or traffic violations in crashes frequency of crashes. What kind of rating they assign to that particular motor carrier? So should they have been selected in the whole shipping delivering process or not?
Speaker 2Yeah, that's pretty fascinating. So 70, 80% is accidents from trucks that cause weight gain left turns truck.
Speaker 1just watch them, because at least there's they have a requirement that they're not to make lefts, why it enhances the the risk of injury and and it's because of the tracking of the truck. In this, yeah, the last case we had, we spent several hours just going down and filming, videoing the trucks that were carrying up to the limit of 80 000 pounds every transport. Um, we were watching and observing how they made those laughs and it there was. We thought, oh, this could be another accident, oh, that's going to be really close, and typically the vehicles had to drastically slow down in the opposing lane of traffic or the lane of traffic where ours were, and they were very close calls and accidents.
Speaker 1Why? Because it was a poor setup. It was not a controlled traffic light. One good thing and this is in all cases we hope was that traffic light went from a blinking red light at the bottom of a ramp going out onto a four-lane highway where they had to look east and west and travel across four lanes and a divider to a full traffic light because of the number of crashes. All of that was brought into our case. And then another thing for what it's worth that's interesting is that behind every one of these cases not all of them, but many of them are a whole other set of regulations. It could be specific to DEP, department of Environmental Protection state or an EPA reg. Might be a hazardous waste that was transported, but typically they're very intensely regulated in sub-industries.
Speaker 2That's fascinating because I actually had, about 17 years ago, an accident. It was a truck, same promise. It was a truck going through an intersection. It was a long weekend, it was a first monday and they had been working all weekend. They were trying to get back. They never went through the area. It was a left lane through four lanes of traffic. It hit me and all the way three witnesses and like the guy just went through the intersections red light, went through the red light and hit me and it's luckily I'm like a really well-built uh car, but say, like literally what your data said, like that was literally a scenario. So but I should have hired. I didn't hire an attorney, I used the insurance one and they're like, oh, 50, 51 percent, you're 49. I was like I just thought I would get. I didn't hire an attorney this way before I knew I should hire an attorney because I could have probably got a nice settlement out of it. Speaking of that, what factors determine the value of a personal injury or wrongful death case?
Speaker 1So there could be a series of them. One is the economic numbers. Here's one interesting component in that. All right. So you're a driver, you're approaching an intersection. Tragically, you collide with a left-turning truck and in our last case, the driver nearly was decapitated. In our last case, the driver nearly was decapitated. However, he was breathing heavily in the minutes after the issue became all right. Was he conscious or not of his slow and painful death? That gets into some very heady pathologic issues. Gets into some very heady pathologic issues.
Technology and Evidence Presentation
Speaker 1We hired an expert in forensic pathology, defense came in with theirs. But what's interesting? Surprisingly they look at for the pain and suffering component, and it's essentially also a fright component, even though in Pennsylvania we don't necessarily award for that. But it is all right. You're approaching, you're obviously very anxious, you see what's unfolding. And then what are your you're? You know how long is your conscious suffering prolonged? And if the brain remains intact, there it is, you know you're slowly. In our case, this last one, it was a slow asphyxiation because the cervical injuries were so blunt and severe that they ultimately cut off oxygen to the brain. So it's a gradual death. Um, and the. That was a struggle for the defense to overcome. Why? Because the skull, uh, did not show significant damage in and of itself and we look to a whole slew of factors to support it.
Speaker 1You also look at the economic numbers. Obviously you're projecting out and that's difficult. How much would this person make? And we obviously want to be as positive about that for young people in particular. Positive about that for young people in particular. It's a lot easier when I have union construction workers. Why? Because they're receiving a set wage. They have rates for not just a particular line of work but also for medical, for pension, for annuities, for all sorts of other fringe benefits uh, those are the basic numbers I would say we we look to.
Speaker 1And then if someone's married and there's a wrongful death case, there's also um, um, well, their consortium related claims say that person wasn't involved in the accident. However, they have obviously a loss of all the services that the deceased would have performed, and then their children, and this last one we had, and the child is because mom was still a fiance they hadn't actually when the baby benefited and then the issue would be okay. So what is the value of the comfort guidance lost with his passing?
Speaker 2Yeah, it's a good breakdown. Thank you for that.
Speaker 1How do you prepare for trial and how often do these cases settle instead? So I'm finding more and more they're trying and we work our cases up to her fairly well and I'm just in going to trial in one next month where there have been several mediations. We've been in front of a trial judge, we're going in front of her next week again and I think it'll try and I would say at least half of the cases we have tried. That said, I had a truck case settle in the middle, a different truck case in the middle of a trial where we had worked it out pretty well and they just didn't want to deal with the experts and they want to see, honestly, a plaintiff who is straightforward, candid, see honestly, a plaintiff who is straightforward, candid and when they come over that way I find the defense is that much more interested in settling a case if they find them credible.
Speaker 1That makes sense. What role do expert witnesses play in your cases? They're the fundamental part of the case. When we have a construction case, we often go to the apprenticeship trainers in a union. Why? Because they're the ones who've trained these workers and we're looking to. All right. Most of the time they're guided by OSHA regulations, just like in the trucking cases. Everything for the most part is set forth in the Federal Motor Carrier Safety Regulations. Then you might even go further into, for example, if it was waste hauling, into the State Department of Environmental Protection regulations. So they give you standards and those are what the experts use to put their case, to write their reports. They serve as the basis and there, of course, they're drawing from the factual basis.
Speaker 1In the trucking industry, just like in the construction, they come from typically safety backgrounds. We look for those who've been in industry settings. They are in charge of a fleet and they're the head of the safety department and then they've gone out on their own and now they're doing consultings. Same thing in the forensic construction expert setting. You're looking for those who have worked in the forensic construction expert setting. You're looking for those who have worked in the construction field, know the specific area that we're into, whatever it might be, pipeline work um a whole slew of of work, and are they acutely aware of the OSHA standards that apply and how they apply? So they're fundamental.
Speaker 2What approach when dealing with insurance companies that are resilient or resistant to paying fair compensation? How do you approach that? Try it.
Speaker 1You let them know you're going to try it and then you try it and it is what it is. You don't get worked up about it, you just be ready to try and I guess the best background I have was having been a local state federal prosecutor. So we're ready to try cases out of our firm. I tried several with my father on the civil side and then we just prepare them as if they are going to try. We try to do settlement videos to some extent, but even those sometimes don't move the person in Chicago or the New York office in that insurance setting who are ultimately making the decisions and you're not seeing those people. They're the higher ups.
Speaker 2That makes sense. Yeah, I can see Chicago being like. That's where I'm from. Have you ever had to turn down a case that you want to take on to take on.
Speaker 1Yes, often you'll have horrific injuries and you're thinking, wow, there has to be liability here. But we flesh those out, we dig in, we investigate and we get to the core of it and it's okay. Is it a case or not? Is there liability? I see it all the time in the construction area. We have death cases all the time. I had one come in last week and, all right, is this something that could have been, that should have been recognized, a hazard that should have been eliminated? Was it a distinct risk? Is there an OSHA violation? Who created that hazard? And if we find a lot of it comes back to the worker and or his contractor alone, then we, you know, we just decide, okay, we're moving on. And they have to explain it in unfortunate terms to the family.
Speaker 2Yeah, that's got to be tough to deal with. Have you seen recent changes in laws or court rulings that impact these type of cases?
Speaker 1Well, I think the thing that's most worrisome where we are now I think about it every day is this the federal administration has consistently set forth some very good, sound regulatory standards, safety standards, whether it be OSHA, federal motor carrier safety regs and those are what we use, that's what industry uses, that's what the law enforcement uses, that's what the federal Department of Transportation uses to assess safety and then enforce it. The concern is, with the pullback on so many of the regulations, I'm seeing, for example, with EPA and others, that it'll trickle down into other agencies and that those standards will be literally affected adversely, and that's a significant concern to the public, the consumers, for drivers.
Speaker 2Yeah, how has technology changed the way you gather evidence or present cases? Obviously, ai is coming out. Is that involved, or what technologies are you implementing?
Client Recovery and Case Impact
Speaker 1so a lot of depositions are taken by video and there's nowhere to hide in a video when we are in the courtroom. Often we're pulling up testimony and it's on a big screen. It it's interesting. I remember an expert in this last trial we did who was disputing some of the medical records and we just said is that your position? Yes, and then we pull up the medical record that shows otherwise, or perhaps it's a life care plan of the plaintiff's expert and it's inconsistent with what that particular defense expert represented. And that is one we're constantly using visuals, but it's usually through video, and we actually will then use that to bring in the defense witnesses into our case in chief and we confront them with their own video. I'd say that's the most significant new use of AI in so many ways.
Speaker 2I'm trying to think of others.
Speaker 1I mean, you have to use AI in your investigation as much as you can today. To use ai in your investigation as much as you can today. If you haven't, in terms of trying to explore what are the applicable standards, um boy, that's a problem. If you haven't, in terms of running down a visual you want to create and provide an expert with, we're a fact witness. We're doing it now, actually in a model of a piece of equipment we're going to present to a jury in a pipeline accident and involved what we call a serious misrigging of like a jury rig. Misrigging of like a jury rig a arbitrary chains, welded legs, inner and outer huge casings that were thrown together for an alleged purpose that any inspector and any safety person should have shut down in a heartbeat. So we're using a model like that. That's something that's becoming more and more fundamental in the courtroom.
Speaker 2Yeah, I love AI. I think it's so fastly changing. However, everyone does everything day to day. What's one piece of advice you give to someone who thinks they might have a personal injury claim?
Speaker 1Well, the first thing I ask typically is why do you think there's liability? What did they do wrong? How should it have been done differently? And you'll find that they know or are very familiar often. For example, in a truck case with the intersection, example, in a truck case with the intersection, um, where they may know how this truck should track, how it was off tracking and how, as it off track, making a turn, which again are big parts, big significant contributing factors to accidents. When you have a truck making a turn, managing space, looking ahead for hazards, there are all of those things. So you want to ask okay, so what should have been done differently? How do you see he should have recognized this coming? Same thing in a construction case. You're looking and saying all right, what did you do? How come you didn't recognize this as a hazard? Yet you're saying that the owner, the safety rep, the inspector, the controlling employer should have recognized it. It's the first thing we usually ask of them.
Speaker 2What's the most rewarding part of your work? Helping?
Speaker 1people. So when I started out as a local prosecutor I thought, okay, I'll get this experience and move on Somehow. I was thinking move into maybe corporate setting. But I tried probably anywhere from 150 to 250 trials, mostly jury trials, and it wasn't an intent as much to put bad people in jail as it was to help victims. That I saw, and that's strange, I guess, as a prosecutor, but I enjoy helping people and trying to restore them as best as possible to function and that's, in particular, construction accidents, what we're doing all the time.
Speaker 1What brings this back is we're not just trying to right a wrong, but you're trying to get them the best medical care you can. A lot of them have traumatic brain injuries. Those are really hard and a lot of lawyers struggle with how do you rehabilitate somebody? How do you get them to the right people that involve vision deficits, that involve concentration issues and who are actually qualified enough medical practitioners to help restore function as well. Most of our people have neuroimplant stimulators in them which are supposed to block the pain because it's so exquisite, so severe in going from the injured lumbar or other site to the brain. So you want to find doctors who are going to address that, and there we have several and one we're going to try with next month that involve complex regional pain syndrome CRPS used to be called regional sympathetic sympathetic and it is a crushing injury that ends up causing intense pain.
Speaker 1That is more sympathetic in nature and it goes throughout, potentially the whole body. So you'll have a crush injury. You may have an amputation to a hand or a finger, but it ends up going up that whole arm or down a leg, and then it can actually, because it's sympathetic, you don't quite know where it's going. It means it's more central in nature. It goes to the other part of the body and all of a sudden you have somebody who they can't. They are in such exquisite pain, they are completely non-functional and you're trying every means possible through these skilled doctors to to try to get them out of pain or or at least reduce the pain yeah, it's.
Speaker 2You can't put a price on that. What's one case or client with any names that you'll never forget, and why?
Building a Successful Law Practice
Speaker 1for a long time. But one case that come to mind, this pretty recent, it was a truck case and it was an incarcerated fellow who had been in long time in prison and he got out and you could see he was really trying to get his life together, at least I. I believe that in watching him he erred always on the exercise of complete integrity, honesty. So he was trying to better himself when he got out and he was trying to first take immediate jobs from a halfway house and then he got into. He returned to a building trade construction union. He had just been on it three weeks and was doing quite well, had a good projected future, and they wanted to take him on the road with them. He didn't have a vehicle that could do that and in that interim period where they had asked him to come back, he got hit by a tri-axle dump truck. Um crushed his hip, broke his back or at least severely injured his pack, his back, and put holes in his knee towards, we believe, his meniscus.
Speaker 1It was um really satisfying watching him first and helping him, more importantly, recover as best he could. But the interesting thing was, like I said, I had found in the end he was doing the best he could, best he could. He was on a cane and he was struggling to get off the cane and had a lot of surgeries and injections. All that said, what came through to the defense, to the opponents and ultimately to a mediator and, most importantly, to an insurance group of insurance adjusters, was his integrity. They liked him. Everybody found him very honest, notwithstanding he had done several years of incarceration and you know, in a major uh criminal act. So getting him on his feet and ultimately getting an award um for him, um was uh really self-satisfying.
Speaker 2Yeah, that's a fascinating story. It's always good to hear people turn their life around like that. This is more on the business side of the question and I was talking to Sal from Top Attorneys North America. If you're a new or starting attorney, a lawyer, what would be the best way to get new clients in your perspective?
Speaker 1Well, one are trying cases and you get a $40 million result, whether it be a verdict or whatever you had raised. What are the economics that you seek in these cases? One of them are punitive damages, which is where there's reckless conduct, reckless disregard For younger lawyers. It's recognizing when those cases are in, knowing that you have to go beyond the policy limit that you first see. Are there other potential resources out there to explore? And once they're doing that, I think that's how they draw in more cases and they're willing to try. And to try them you have to invest a lot of money, sometimes hundreds and hundreds of thousands of dollars. Sometimes we think we're virtually a bank. All we do is write checks.
Speaker 2That's funny, but you've got to invest in your business, just like all businesses. Basically, you've got to reinvest to get the right reward for the clients. As we wrap this up, what would be the best way people will contact you?
Speaker 1Through our phone number, the 565-610-565-9565 number. I have a lot of others who call me somehow on my cell, but that gets everybody into the and it seems to work in getting cases. Websites simply are a reaffirmation tool we find. Yeah, People just call in.
Speaker 2Perfect. We'll put the links and the phone number in the show notes below. Thank you, Robert, for your time and your great insights. Thanks for being on the Council on Commentary podcast again.
Speaker 1Thank you, john, appreciate your time as well.
Speaker 2Thank you, hey, it's Jonathan. Make sure to download Listen Weekly, as I bring the top lawyer guests sharing their best insights, providing exclusive resources and most actionable advice. Finally, I get a lot of people asking me to help them one-on-one. Yes, I can, but it's very limited. Go to revenueascendcom for lawyer Google ads, seo and CMO consulting For commercial real estate investing. Go to midwestparkcapitalcom and those looking to invest in service-based business roll-ups go to businesscashoutcom. And finally, get Podcast Bookings, a top podcast guesting tour agency. All links are included below. Please like, comment and share this podcast with your friends. Thanks for listening.