Proximate Cause, The Land of Lost Opportunity

Proximate cause is the land of lost opportunity for defendants in trucking accident cases. Often cast as a losing argument for defendants, new research and data reveals paths to success for trucking defendants. The real problem is proximate cause is often overlooked due to confusing pattern jury instructions, verdict forms that conflate it with negligence, and defense attorneys’ failures to make it a salient and meaningful issue in the case. This presentation will discuss how to lay the groundwork for a successful proximate cause defense during voir dire, opening and closing statements, and throughout trial. Video clips from mock trials will be used to demonstrate effective and ineffective proximate cause arguments, and how those arguments are perceived by jurors. Attendees will leave this presentation with a clear framework and process for effectively presenting proximate cause defenses to juries at trial.