Episode

46 – Tim Whiting – The Journey of a Trial Lawyer with Perseverance

In this episode of Trial Lawyer Nation, Michael Cowen sits down with Tim Whiting, of the Whiting Law Group in Chicago, for a conversation exploring the journey which has led to Tim’s outstanding $9M settlement on a recent trucking case.

While Tim primarily handles trucking cases in his practice, this wasn’t always the case. Tim’s story begins from humble beginnings and feeling “poor” as a young boy. When given a homework assignment about what he wanted to be when he grew up, the only thing he could think of was not to be poor. In the process of researching what he wanted to be, he stumbled upon a book by Melvin Belli, a prominent lawyer known as “The King of Torts” which immediately locked him into the desire to become a lawyer and not feel poor.

Tim went on to law school on a wrestling scholarship, which also led to an introduction by his wrestling coach to a well-connected attorney who ultimately introduced Tim to his first job at a large insurance defense firm in Chicago. After about 5 years, feeling miserable as ever, still struggling financially, and watching some good and not so good plaintiff lawyers win large sums of money for their clients, Tim decided “that was the side of the fence I needed to be on” which led to his decision to be a plaintiff lawyer. Ironically, when he told his then boss that he was quitting to start his own plaintiff’s firm, his boss not only laughed at him, but also told him he’d fail within 6 months and he’d keep his chair open for when he comes back.

Starting his firm from his apartment, Tim was hungry for success and started calling up defense and plaintiff lawyers that he had met and taking them out to coffee to give them his sales pitch and tell them he would be very available to their clients and get great results for them. One case led to another and he found some success which led to his nomination for the Top 40 under 40 award in Chicago. Things continued to grow as he moved into an office suite, hired his first assistant, and brought on 4 other lawyers all to find himself several years later still feeling pretty unhappy, even though he was no longer poor. Having a kind of one-on-one intervention with himself, he thought inside “if this is what it looks like the rest of the way, this is not what I want” as he was running rampant doing all kinds of cases with a large docket and feeling some self-doubt having never really experienced any formal trial training. This is when he decided to scale back to 3 lawyers and take on about half the number of cases.

Feeling better already during this process, he happened to take on a trucking case where the company had $1M but the losses were much more. Having never been a part of any attorney organizations before, and as fate would have it, the AAJ conference was in Chicago that year and Tim decided to go. For those who have been to an AAJ conference before, you can imagine all the great information Tim was able to absorb through AAJ’s Trucking Litigation Group listening to people like Michael Leizerman and other top trucking lawyers speak, and also chasing down Joe Fried in the hall (a story that lives in infamy to this day). Tim credits this conference, Joe Fried, Michael Leizerman, and other great trucking attorneys for inspiring him to make the leap and have a more trucking focused practice.

This episode continues through Tim’s journey going to Trial Lawyers College later in his career, with he and Michael then sharing their opinions on when is the right time for an attorney to devote the time and energy to Thunderhead Ranch. Tim also shares a quote he used to have on his mirror in his wrestling years “Champions aren’t born, they’re built” and how he continues to build himself in a way that is insightful and meaningful every day. His genuine and very honest conversation in this episode makes it clear Tim is proud of his work and has not only excelled in his journey to becoming a successful trial lawyer, he is still on his journey. Michael agrees that the journey is never over and adds, “You can’t just go to one program and become a master.” You need to continually be learning, bringing the conclusion of this episode together where Tim’s journey has resulted in a recent $9M trucking case and he describes how his continued learning has led to it all.

 

BACKGROUND

Timothy M. Whiting is a Nationally board-certified truck accident* trial attorney. Tim has received Board Certification in Truck Accident Law from The National Board of Trial Advocacy (NBTA). To qualify for this prestigious certification, Mr. Whiting was required to demonstrate extensive legal experience in truck accident law, as well and meet rigorous objective quality standards as required by the NTBA.

He is a graduate of the University of Wisconsin Law School and is licensed to practice in both Illinois and Wisconsin. As a trial lawyer, Tim has represented victims of trucking accidents, auto accidents, construction accidents, medical malpractice and serious personal injury cases across the country, winning jury verdicts and settlements in over 10 counties across four states. Since 2019, Tim has committed solely to the representation of individuals or their loved ones who have been harmed in trucking crashes.
To further his own understanding of representing victims of truck accidents, Tim obtained a Commercial Driver’s License (CDL). After passing intense testing and driver training, Tim is legally qualified to drive a 18-wheeler truck. This experience has allowed Tim to have a better understanding of how to safely operate a semi-truck and trailer and what may have gone wrong that led to his clients or their loved ones being harmed in a trucking accident.

Due to Tim’s success and commitment in handling serious truck wrecks in Illinois, Wisconsin and in several of the other parts of the United States, he is regularly sought out by other lawyers around the country to either co-counsel or consult on their respective clients’ cases who were harmed in serious trucking accidents.
Tim has been invited to join the nationally recognized Gerry Spence Trial Lawyers College (TLC) as part of the class of July 2019 – the 37th class to graduate from their 3-week program since the College began in 1994. 1,976 graduates have preceded Tim, and with an ever-increasingly rigorous pool of candidates, his selection was of the highest honor of a trial lawyer in the country.
As a result of his accomplishments in representing victims of truck accidents and serious personal injury, Tim has been recognized as one of the Top 100 Lawyers in Illinois by the National Trial Lawyers Association since 2008.

In 2015, he was named a Leading Lawyer for Personal Injury Law, an honor earned by fewer than 5% of attorneys in Illinois.

Martindale-Hubbell Law Directory, a top legal publication rating lawyer’s abilities, ranked Tim AV Preeminent, the highest rating a lawyer can receive for Legal Ability and Success in personal injury. (AV Preeminent is a significant rating accomplishment – a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.)

In 2018, Tim was named as one of the – Top 10 trucking accident trial lawyers by The National Trial Lawyers Association, for his tireless work and proven success in protecting the rights of those injured or killed in truck crashes.

Previously, Tim had been named by the Law Bulletin Publishing Company as one of the Top 40 Lawyers Under Age 40 in Illinois.

Tim has been appointed to the Executive Board, the Board of Regents, and the chair of the New Lawyers Division for the Academy of Truck Accident Attorneys (ATAA).

Tim also serves on the Executive Board of the American Associations of Justice (AAJ) Interstate Trucking Litigation Group.

Tim serves on the Board of Catholic Charities and its Legal Advisory Committee. He is also active in the National Kidney Foundation of Illinois by fundraising and raising awareness about kidney disease and live kidney donation. Tim serves on the Advisory Council for the Northwestern Medicine Comprehensive Transplant Center to promote and advance the mission of transplants to save lives. He also is committed to his local communities, by personally supporting a number of local organizations and their efforts to provide for the homeless and underprivileged people of Chicago.

Website: www.wlglaw.net
Email: twhiting@wlglaw.net
Phone: (312) 372-1655
Address: 901 W. Jackson Blvd., Suite 400, Chicago, IL 60607

45 – Peter Kestner – Money and Strategy with “The Janitor”

In this episode of Trial Lawyer Nation, Michael Cowen sits down with acclaimed author, speaker, and trucking lawyer, Peter Kestner, for a conversation on going up against insurance companies. Peter’s experience is somewhat unique having started out in the insurance industry working for the second largest trucking insurer in the country, handling truck litigation claims.

Then, after going back to law school, he ran an excess program for a sister insurer under the Travelers Umbrella with 30 of the largest trucking concerns with self-insured retentions (SIR’s) where he would audit their claims files to make sure they had proper reserves. In some cases when it was a high exposure case, Peter would have to interject himself into the case to settle it or make the decision to take it to trial. He was even nicknamed “The Janitor” because he would “clean the messes up.” Not long after, he made a change to become a plaintiff’s lawyer when he decided he wanted to help people instead of defending corporations. Michael points out that Peter’s background and experience from the other side is extremely valuable since he’s been on the other side valuing and negotiating the cases and helping make the decisions.

One of the first insights Peter shines a light on is how much the insurance industry has changed over the years in that they now operate more like the banking industry where it is focused more on getting the premium dollars in to the company versus being in the business of risk management. Peter explains, those are dollars the insurance company works the hardest to bring in, as evidence by all the marketing campaigns aimed at bringing in new customers. They then can use those dollars to invest where, unlike the banking industry, there is little regulation as to what they can put in their portfolios as they are regulated at the state level. He clarifies why this is important looking back to 1991 and the advent to Colossus and Allstate, when the McKenzie company did an audit and determined that Allstate was paying too much in claims and suggested they reduce the amount of third party liability settlements in order to increase profits. The assertion of this being that if an insurer can find ways to bring the number of claim settlements down and pay less in overall claims, it would be an acceptable risk when the practice results in a rare bad faith case against the company, keeping more money overall available to invest. It’s obvious that this strategy has worked, as Peter points out that the insurers have grown substantially to where they are now Fortune 100 companies with billions in assets.

The conversation throughout the bulk of this episode focuses mainly on a deep dive insight on a few cases Peter has encountered and how insurance factored into them. One case referred to several times in this episode is a fascinating case which involved a 63-year-old retired Seal Team 6 member who was hit by an 18-wheeler on a dusty road in Nevada. The details surrounding this case are particularly interesting when you consider the two trucks involved were from the same company and Peter’s client was found to have been 8 feet over the center line and they were still able to settle the case, after 3 days of trial, for a sizable amount. Other details, which you need to hear to believe, involved conflicting positions on who caused the accident from within the company (the driver of the truck and the official position of the company) where a Facebook post helped solidify his client was not at fault.

Peter and Michael give some amazing advice to those taking on trucking cases and how to handle insurance companies including: strategies on how (and why) to separate yourself from the insurance negotiations and trial discussions; defense counsel bluffs – how to spot and call them without getting taken advantage of; how to leverage focus groups to put together the best case for your client, even if it means not entering all the client’s injuries; how 5 seconds of hard data can (and did) defeat a defense theory; and so much more. This episode concludes with a discussion around the top things Peter has seen plaintiff’s lawyers do which ends up leaving money on the table. His insider knowledge is extremely helpful when considering case strategy and the whole episode is worth listening to several times over.

 

BACKGROUND

Peter Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking insurers. He is a co-founder of the law firm McEwen & Kestner.  Prior to founding his law firm, Peter served for 10 years as a claims adjuster and litigation manager with one of the largest tractor trailer insurers in the U.S. Peter earned his B.S. from Skidmore College in 1989, and his J.D. from William Mitchell College of Law in 2001. Peter now uses his defense experience to represent individuals injured by the negligent acts of trucking companies.  Peter has also served as personal counsel to policy holders in disputes with their insurers as well as serving as an expert witness in insurance litigation matters. He is the past-chair of AAJ’s Interstate Trucking Litigation Group, Chair of AAJ’s Bus Litigation Group, sits on the Board of Regents for the Academy of Truck Accident Attorneys, he is on the board of directors of Minnesota Association for Justice and he also holds a CPCU professional designation in insurance. He has litigated truck accident cases in 19 different states in both State and federal Court.  He is also Board Certified in Truck Accident Litigation by the National Board of Trial Advocates (NBTA)

  • Past Chair AAJ Trucking Litigation Group 
  • Chair AAJ Bus Litigation Group 2017-present
  • Co-Chair, Amicus Curiae Committee, AAJ Trucking Litigation Group 2011-present.
  • Minnesota Association for Justice Board of Directors 2012-present.
  • Academy of Truck Accident Attorneys- Board of Regents

 

LEGAL BACKGROUND

  • Admitted to Bar, 2001, Minnesota and US District Court of Minnesota
  • Appeared Pro-Hac Vice in Trucking Cases in the following jurisdictions: District of Colorado, Western District of Kentucky, Wyoming State Court, New York State Court, Iowa State Court, Illinois State Court, Wisconsin State Court, Kentucky State Court, South Carolina State Courts, District of North Carolina, Nevada State Court and North Dakota State Court, District of Utah, Texas State Courts, North Dakota State Courts, South Dakota State Courts, District of Mississippi.
  • Education: Skidmore College (B.S. 1989); William Mitchel College of Law (J.D. 2001)

 

PUBLICATIONS AND LECTURES

  • Speaker: AAJ Summer Convention, Understanding the Transport Cycle, Summer 2019
  • Speaker: AAJ Jazz Fest, Negotiation Matters, Winter 2019
  • Speaker: New Jersey Association for Justice, The Defense Perspective, Spring 2019
  • Speaker:  Stratford Webinar- Finding the Hidden Motor Carrier, Fall 2018
  • Speaker: Kentucky Association for Justice- The Broker Defense, Summer 2018
  • Speaker: AAJ Members Only Truck Group- Trial of a Punitive Damage Truck Case
  • Speaker:  New Jersey Association for Justice: Maximizing the Recovery in Truck Cases, Spring 2018
  • Speaker: 2018 Winter Convention AAJ, Negotiations Matter
  • Speaker: National Board of Trial Advocacy, Summer 2018) (Understanding Broker Cases
  • Speaker: Academy of Truck Accident Attorneys, Summer 2018- (Understanding the Transportation Cycle
  • Course Chair and Lecturer- AAJ Trucking College, Spring 2018
  • Course Chair/Moderator:  AAJ Annual Convention, Summer 2017, Trucking Litigation Group.
  • Speaker: Ohio Association for Justice, Spring 2017- Trucking Insurance
  • Speaker: Florida Justice Association Winter 2016: Hell on the Highways, Maximizing the Recovery in Trucking Cases
  • Speaker: ATAA Fall 2016 “Truck Insurance 101”
  • Speaker/Course Chair: 2016 AAJ Trucking College
  • Speaker:  “Rules in Trucking Cases” (AAJ Summer Convention 2016)
  • Speaker: “Mediating the Trucking Case” (Minnesota Association for Justice May 2016
  • Speaker: “Maximizing Settlement in Auto Cases” (360 Advocacy Seminar Spring 2016).
  • Speaker: “Understanding the Transportation Cycle” (New Jersey Association for Justice-Boardwalk Seminar 2016)
  • Speaker: “Mediating Trucking Cases” (Minnesota Association for Justice- Spring 2016).
  • Co-author: “Potential Source of Recovery in Commercial Trucking Case”  The Advocate, Vol. 41 #5 (Kentucky Justice Association Sept./Oct 2013)
  • Author- “SIR vs Deductible” (AAJ Insurance Section Newsletter Fall 2015)
  • Speaker: “Discovery In Trucking Cases” Webinar (Fall 2015)
  • Speaker: “Insurance 101” (New Jersey Association for Justice Spring 2015)
  • Speaker: “Insurance 101” (North Carolina Association for Justice, Spring 2015)
  • Author- “Broker Liability for Negligent Selection of an Independent Contractor”, Minnesota Trial, Volume 37, No. 4 (Minnesota Association for Justice Fall 2012).
  • Author- “Broker Liability for Negligent Selection of an Independent Contractor”, Interstate Trucking Litigation Group Newsletter (Fall 2012)
  • Author- “The MCS-90 Endorsement: No Coverage? No Problem, Minnesota Trial (Minnesota Association for Justice Summer 2008)
  • Author- “Trucking Insurance Chapter” Truck Accident Litigation, 3rd Edition, (American Bar Association 2012)
  • Speaker- “Debunking the Broker Defense” Interstate Trucking Litigation Group Broker Shipper Liability Seminar, October 2013
  • Speaker- “Debunking the Broker Defense” Interstate Trucking Litigation Group Broker Shipper Liability Seminar, June 2013
  • Speaker- “Finding all Defendants in Wrongful Death Trucking Cases” Minnesota Association for Justice Wrongful Death Seminar, May 2013
  • Speaker- “Technology in Trucking Cases” New Jersey Boardwalk Seminar, April 2013
  • Speaker- “ Insurance Company Rules” 360 Advocacy Group, Trucking Litigation Seminar, May 2012
  • Speaker- “ Insurance Company Rules” Kentucky Justice Association, Trucking Litigation Seminar, June 2012
  • Speaker- “ Insurance Company Rules” Tennessee Justice Association, Trucking Litigation Seminar, March 2012
  • Speaker- “Maximizing Your Recovery: Finding Insurance Coverage, Minnesota Association for Justice Successfully Litigating the Commercial Truck Case, November 2010
  • Speaker- “Insurance Company Rules: Strategies for Maximizing Recovery- IPITLA Seminar, September 2009
  • Speaker- “Defense of Trucking Cases, Why Commercial Motor Vehicle Cases are Different, May 2007

44 – Natalie Arledge and Dylan Pearcy – Insights on the 2019 ATAA Symposium

In this episode of Trial Lawyer Nation, Michael Cowen sits down with two attorneys from Cowen | Rodriguez | Peacock, Natalie Arledge and Dylan Pearcy, for another installment of TLN Table Talk to discuss the questions on the minds of our listeners. Today’s topics focus specifically on the Academy of Truck Accident Attorneys (ATAA) annual symposium and our biggest takeaways from attending.

A brief background on today’s guests reveals that Natalie has been with Cowen | Rodriguez | Peacock for almost two years after having come from a defense background where she worked on trucking cases, among others, from the other side. Dylan also came from the defense side of things where his docket was roughly 70% small car accident cases of which roughly 50% were trucking cases.

Seeing as the ATAA symposium was a multi-day event, Michael wonders which presentations Natalie and Dylan found the most value in. Natalie explains how she found Robert Collins “What is safety for a trucking company” presentation to be the most valuable for her. In that presentation, they explored many forms and regulations to better identify what safety culture really is for a company whereas previously it had been less defined for her. In other words, not just looking at an individual negligent act, but more so the question of – does this company really care about safety? On the other hand, Dylan gravitated more toward Ken Levinson’s presentation on representing a truck driver as a plaintiff where he gained a deeper perspective on trucking cases. He felt that Ken did a “good job of going into some details about how specific factors come into play when the truck driver is the plaintiff and how they might look at an accident and their responsibilities on the road differently than maybe somebody else would.” Michael points out that Cowen | Rodriguez | Peacock has also represented a number of truck drivers over the years and having done so, has learned the nuances that come into play when a truck driver is the plaintiff.

Natalie also found Jay Vaughn’s presentation on inspecting trucks particularly valuable as it was aimed at better preparing lawyers to know what to look for and ask about when examining a truck. She also gained useful insights on what he carries with him to better understand what he’s looking at, citing that there is always value in looking at a truck or the scene to fully understand the scale of what occurred. Dylan adds to this topic, sharing his experience of truck inspections describing the importance and value of getting dirty and getting involved in the inspection to bring some validity and credibility to the case down the road. This is in contrast to the attorneys who show up to an inspection in a suit while standing back and just observing an expert inspection.
The conversation shifts to technology with an observation by Dylan in regards to what was being used in presentations and how it was being received by the attorneys in the room. The observation is a critical one at it’s core as it is much like what we do in a courtroom when we either use or don’t use technology to deliver our story to the jury and keep them engaged and interested in what we’re presenting for our clients. Michael recalls one of his side conversations at the seminar with Michael Leizerman where he describes part of our job in the courtroom is to entertain the jury in order to keep them engaged, otherwise they’ll tune out.

Dylan flips the script and asks Michael what some of his takeaways from the seminar were to which he describes some of the smaller, yet extremely valuable, tidbits he picked up on in presentations that he’s already heard in the past, but found new value in by catching things he hadn’t heard before. Michael also explains the value he’s received from the seminars just by talking and networking with others in the hallways and at the mixers. He goes on to talk about the relationships he’s built over the years and how his network of attorney friends, now allows him the ability to bounce ideas off of some of the best in the industry, find experts, get insights on other state’s laws, etc., all with just a phone call or an email that is answered fairly quickly.
The conversation wraps up with a discussion on what first time attendees might consider or keep in mind when they attend their first multi-day seminar like the ATAA symposium and how to best leverage the tools and resources available at such conferences.

These Table Talk episodes could not happen without the interaction and questions that are submitted by our listeners. We are eternally grateful for your feedback and encourage you to continue to send us your thoughts, ideas, and questions as we love sharing our experiences with them.

43 – Joseph Camerlengo – The Complexity and Rewards of Operating a Specialized Law Firm

In this episode of Trial Lawyer Nation, Michael Cowen sits down with Joe Camerlengo, an extremely successful trucking lawyer from Jacksonville, FL, who is also the outgoing president of the Academy of Truck Accident Attorneys (ATAA), for a deep dive conversation on the specialization of trucking law.

Joe’s start as a lawyer began after being a finance major in undergrad, going to law school to be the CEO of a Fortune 500 company, and then falling in love with being a trial lawyer after taking a trial practice course. From there he only interviewed at defense firms and only wanted to be a defense lawyer, having “drank the Koolaid,” and thinking people were exaggerating their claims, lying, and cheating. But his perspective changed after his then-girlfriend, now wife got T-boned in her car and suffered a soft tissue injury which he quickly realized are very real and hurt. At that point he started to plan his exit although he didn’t want to leave, having only been at a defense firm for two and a half years. What he really wanted, was to wait until he tried cases and learned more about excess coverage in multiple layers and multiple defendants, which he did, and then waited until he was on the eve of being a partner at the defense firm and left to start his own plaintiffs firm.

Michael wastes no time in asking Joe how he became a trucking specialist, to which it all started with a single case Joe recalls vividly. The Tony and Johnson case was a case where a 19-year-old girl was killed by a double trailer truck which was driving on a small county road. Joe immediately dove into the regulations, bought Michael Leizerman’s book, The Zen Lawyer: Winning with Mindfulness, went to seminars, and fell in love with the complexity and being able to do real justice in that first trucking case. While the results of that case would obviously never bring Tony back, he was able to resolve it in a way that brought justice to her family and further pushed the trucking company to agree to not drive their double trailers on county roads anywhere in the state of Florida.

Michael then contrasts this with automobile cases where the driver who caused the wreck is a major factor. You can resolve those cases or if you try them, you rarely get full justice because a large percentage of responsibility is going to go to someone else. Plus, when you try them, you’re not going to win them as often, so the settlement values are such that instead of fully taking care of somebody, you are helping them more than they would have been helped had you not been there, but not really getting them full justice. As an example, he points to award a couple of million dollars for a quadriplegic over a lifetime is not really going to take care of them, as opposed to a trucking case. They both agree that with trucking cases there’s more likely to be a situation where the trucking companies are at fault, they DO have the resources, you can actually do more complete justice and in some cases, when you really have a good case, you can force them to agree to safety changes as part of a settlement and it just feels better knowing the impact you’ve had beyond the case itself.

Joe talks through the financial ups and downs of having your own practice and the discipline it takes to stay the course and be focused on the cases you are looking to take on while maintaining the expenses of the rest of your practice. Michael goes on to describe the conversation he had with Michael Leizerman when Cowen wanted to know how he got to the point where he only had good trucking cases and recalls Leizerman’s simple words, “I just said no to everything else.” Michael and Joe continue to talk about what goes into building a successful firm in direct relationship to the profitability of narrowing the scope of cases they’re willing to take on, which in large part, includes a firm’s capacity. Joe brings up a point that’s so often overlooked where you cannot run your people or yourself at 100% capacity. “That’s when you will break down. That’s when you’ll burn out. That’s when you’ll make mistakes,” Michael explains. Joe describes the need to have space in your inventory for that new call, because if you’ve said yes to some of those smaller cases because you had capacity at the time, and now you’re almost at capacity when the 9-figure case calls, the firm will likely not be in a position to do its best work on that case or the others. You need to have some capacity in your life, in your firm to take on arising unknown opportunities. The unfortunate side of the self-imposed stress placed on people when running at capacity all the time is the drugs, alcohol, suicide, infidelity, and everything else people do when they’re managing the stress in a bad way. You have to do what’s right for you and develop a stress level to where you’re still having quality time with your family and you’re not overworking yourself or your people. Joe recalls “they say people make you money,” whereas his theory at his firm is “happy people make you more money,” strongly suggesting the need to give your people support and “treat them like they’re gold.”

Michael and Joe continue to talk through a variety of topics regarding the solid building blocks they’ve both used in building successful practices including: Systems within the firm (intake checklists, forms, etc.) and the idea that when you follow the systems, it frees you up to do the creative stuff; The necessity to never neglect the business side of your firm and the impact it can have on your clients; Savvy accounting tips for lawyers who focus specifically on phantom income and their associated taxes; and several other important factors for law firms to consider.

This jam-packed episode concludes with an in-depth look at one of Joe’s latest trial successes that have been 8½ years in the making and culminated with an astonishing $11.32M verdict for, of all things, a car wreck case involving their firm’s long-time IT employee. Joe is gracious enough to share so many details about the trials and tribulations of this case, and they were plentiful over the course of the life of the case.

BACKGROUND

Joe Camerlengo is a founding partner of The Truck Accident Law Firm where he maintains a nationwide trial practice specializing in the areas of serious personal injury and wrongful death caused by trucking, bus, and commercial motor vehicle crashes.   He is extremely hardworking and a passionate advocate for his clients.   Joe is board certified in truck accident law by the National Board of Trial Advocates and board-certified in civil trial law by both the Florida Bar and the National Board of Trial Advocates.   Joe is a member of ABOTA, has achieved a preeminent AV rating by Martindale Hubbell and has been voted a Florida Super Lawyer in Civil Trial and Personally Injury Law every year since 2008.  Joe serves as the President of the Academy of Truck Accident Attorneys, the Education Chair for the American Association for Justice Trucking Litigation Group, Chair of the Florida Justice Association’s Trucking and CMV Crash Section and serves on the board of the National Board of Trial Advocates and the National Board of Trucking Trial Advocates.  Joe speaks all over the country on issues relating to handling Trucking Crash cases and advanced trial techniques.  He has been a repeat speaker for the American Association for Justice, the Florida Justice Association, the Academy of Truck Accident Attorneys, the 360 Advocacy programs, and many other trial lawyer organizations.

An extremely hardworking and passionate advocate for our clients, Joe Camerlengo specializes in the areas of serious personal injury and wrongful death caused by a tractor-trailer and commercial motor vehicle crashes.  Joe is board certified in civil trial law by the Florida Bar and the National Board of Trial Advocates.  Joe lectures other attorneys on handling tractor-trailer crashes all over the county and has served as faculty at the AAJ Truck Litigation College.  Joe has achieved a preeminent AV rating by Martindale Hubbell and has been repeatedly voted by his peers as a Florida Super Lawyer, a member of Florida’s Legal Elite and a National Trial Attorneys top 100.

Joe is passionate about making our roads safer by pursuing and helping other attorneys pursue, bad trucking companies and dangerous truck drivers.  Joe remains actively involved in the leading trucking litigation attorney organizations.  He is the President and Board Member of the Academy of Truck Accident Attorneys; the Education Chair and Board Member of the American Association for Justice Interstate Truck Litigation Group; a board member of the National Board of Trucking Trial Advocates; and Co-Chair of the Florida Justice Association’s Trucking Litigation Group.

Joe began his legal career defending insurance companies and corporations for 7 years before founding the Camerlengo Law Group in 2001 to focus on civil justice.  He has been representing plaintiffs in serious injury and death cases since then and enjoys the challenge of taking on large corporations and insurance companies. In 2014, Joe and his team joined Coker, Shickel, Sorenson, Posgay, Camerlengo & Iracki.  In 2017, Joe joined forces with leading trucking trial attorneys Michael Leizerman and Joe Fried to form The Truck Accident Law Firm, handling trucking crash cases all over the country from the home office in Jacksonville, Florida.

Joe is a double Gator, having received his B.S.B.A. in Finance in 1991 and his Juris Doctorate from the University of Florida Levin College of Law in 1994, both with honors. Joe has been a member of the Florida Bar since 1994 and is also admitted to the United States District Court, for the Middle and Southern Districts of Florida and the United States Eleventh Circuit Court of Appeals.

Joe is actively involved in the Florida and Jacksonville Bar and his community and is a recognized leader on diversity and inclusion issues.  Joe currently serves on a Florida Bar Grievance Committee.  He has served on the Florida Bar’s Diversity and Inclusion Committee since its inception, serving as chairman in 2011-2012.  He is a Past President of the Jacksonville Bar Association. Joe also supports several charitable and community organizations such as the American Cancer Society, the Jacksonville Human Society, the Jacksonville Host Committee for Florida’s Children First and Leadership Jacksonville.  He enjoys coaching kids’ sports, playing golf, working out, surfing and, most importantly, spending time with his wife and their daughters.

Joe can be reached at jvc@truckcrashlaw.com

Additional Information:

EDUCATION
The University of Florida, Warrington College of Business, B.S.B.A. in Finance with honors (1991), Levin College of Law, Juris Doctorate with honors (1994)

CERTIFICATIONS
Board Certified in Civil Trial Practice, The Florida Bar, Board Certified in Civil Trial Practice, National Board of Trial Advocates

BAR ADMISSIONS
Florida Bar, member since 1994, Board Certified in Civil Trial since 2011, U.S. District Court, Middle and Southern Districts of Florida, U.S. 11th Circuit Court of Appeals

PROFESSIONAL HONORS, ACTIVITIES & AFFILIATIONS: 
Academy of Truck Accident Attorneys
President (2018 – 2019), Vice President (2017-2018), Board of Regents (2016 – present)

National Board of Trial Advocates
Board Member (2016-present)

National Board of Trucking Trial Advocates
Board Member (2016-present)

American Association for Justice, Interstate Trucking Litigation Group
Education Chair (2018-present), Membership Chair (2017-2018), AAJ Truck Litigation College Co-Chair (2018), Vision Zero Committee (2016-present), Side Underride Committee (2015-present)

Florida Justice Association,
Trucking Litigation Section Co-Chair (2016-present), Eagle Member, since 2006

American Board of Trial Advocates, since 2015

Jacksonville Bar Association, since 1994
Chair – Diversity Committee (2010-2011), President (2008-2009), Founder, Diversity Symposium (2009), President-Elect (2007-2008), Board of Governors (2000-2006), Co-Chair, Entertainment and Sports Law Committee (2004-2005), Foundation Advisory Committee (2001-2005)

President, Young Lawyers Section (2000-2001), President-Elect, Young Lawyers Section (1999-2000), Secretary, Young Lawyers Section (1998-1999), Board of Governors, Young Lawyers Section (1996-1998), Sports Commissioner, Young Lawyers Section (1994-1996)

Founder, 4th Judicial Circuit Trial Docket (2000-2001)
Florida Bar Association, since 1994
Executive Council, Florida Bar Standing Committee on Diversity & Inclusion (current), Chairman, President’s Special Statewide Committee on Diversity and Inclusion (2011-2012), Appointed to President’s Special Committee on Diversity and Inclusion (2010)

American Bar Association, since 1994
American Association for Justice, since 2001
Jacksonville Justice Association, since 2001
Treasurer (2006-2009), Secretary (2005)

University of Florida Bull Gator, Since 2006

Frequent CLE Presenter on Trucking and Trial Strategies

Certified NFL Agent (2000-2005)

 

RECOGNITIONS

Martindale Hubbell AV Rated, National Trucking Lawyers Top 10, 2017-present, National Trial Lawyers of the Year Top 100; 2012-present, Florida Super Lawyer, Plaintiff’s Personal Injury & Civil Trial; 2008-present, Florida Trend’s Legal Elite, 2014 to present, AVVO Superb Rating – 10 out of 10; 2008-present, Leadership Jacksonville, Class of 2010, Jacksonville Business Journal, 40 under 40, 2009, Florida Justice Association Bronze Eagle Award, 2008, Florida’s Legal Elite, Civil Trial Practice, FLORIDA TREND Magazine, 2006, Million Dollar Trial Advocates, Member since 2003

 

CIVIC ACTIVITIES:
Assumption Catholic School League Soccer Coach (2011-present), Armada Jacksonville Football Club Soccer Coach (2014-present), Arlington Football Club Soccer Coach (2010-2014), Leadership Jacksonville, Class of 2010, Jacksonville Host Committee, Florida’s Children First (2004-present), Jacksonville Area Legal Aid Volunteer, Sulzbacher Center Volunteer

REPRESENTATIVE CASES:
Tractor Trailer Wrongful Death:  Settled $8.8 million total recoveries, Tractor Trailer vs. Motorcycle serious injury:  Settled $6 million Policy Limits

10 level Spinal Fusion:  Judgment $5.86 Million, Rear End Collision by parts delivery truck:  Jury Verdict $4.85 Million, Tractor Trailer Head-On Collision:  Settled $3.975 Million, Tractor Trailer Rear-End Collision on Interstate:  Settled $3.5 Million, Head-On Collision with Limo Van:  Settled $2.65 Million, Tractor Trailer vs. Motorcycle Wrongful Death:  Settled $2.6 million, Tractor Trailer Tire Came Off:  Settled $2.2 Million, Head-On Collision with Small CMV:  Settled $2.05 Million, Commercial Vehicle vs. Pedestrian crash:  Settled $2 Million, Fatal Bus vs. Pedestrian Crash:  Settled $1.65 Million, Intersection Collision:  Settled $1.43 Million, Intersection Collision:  Jury Verdict $1.2 Million, Intersection Collision:  Jury Verdict $1.1 Million, Commercial Vehicle Crash at Port:  Settled $1.1 Million

QUOTE:
“I have been privileged to represent many families that have suffered greatly at the hands of bad tractor-trailer companies or overworked commercial drivers.  The more I know about semis, tractor-trailers and their companies, the greater my passion to pursue justice for the harms and losses they cause.  Trucking experience is critical.  Do not call a car crash lawyer to handle your trucking case.  Our firm specializes in Tractor Trailer and Commercial Vehicle crash cases and has the knowledge, experience, and resources to achieve full justice for you and your family.”

RESOURCES

Be the CEO of Your Law Firm

Authored by Alexandra Lozano 
Mentioned by Joe Camerlengo

42 – Cynthia Rando – Human Factors: How Space Station Precision Leads to Courtroom Results

In this episode of Trial Lawyer Nation, Michael Cowen sits down with Cynthia Rando, a Certified Human Factors Professional who also operates as an expert witness on human factors in the courtroom.

Knowing she always wanted to run her own business, Cynthia started her career at NASA Johnson Space Center in Houston, Texas as a human factors engineer, working with the space station program where some of her work is still flying in space, assisting the crew it their missions. Michael notes the space station as an environment where the margin of error is small, and the consequence of error is huge to which Cynthia describes them as one of the most hostile environments you could ever have to design for and in the most stressful safety type environment.

Digging right in, Michael asks the question which is likely to be on most listeners minds – what exactly is “human factors?” Cynthia describes human factors as an extremely broad science that deals with how people interact and perceive their environment, the things they use in that environment, and also how they interact in work with other people. She goes on to boil it down to two things:  1. helping people optimize what they do well, whether it’s through design or understanding of human behavior, and also your physical body shape and limitations and, 2. mitigate what we don’t do well to avoid risk of injury or human error. For example, she describes driving perception, where a lot of people have issues on the roadway taking turns, so it is considered a very high cognitive load task. The human factors look at the process and procedure that the person took in taking a turn, the visibility of oncoming traffic, what that person or reasonable driver could have been able to see, and if all conditions were perfect, did they take the right steps.

Michael and Cynthia continue to explore examples and how they determine these scenarios retrospectively. It’s interesting to hear how her firm, Sophic Synergistics, doesn’t do accident reconstruction, but rather often works extremely close with the accident reconstructionist on the case. Cynthia describes her process of going out to conduct a site visit in order to look at the environment, the design of the roadway, where the vehicles were, and the vantage points for all the drivers or entities involved, including pedestrians, which establishes what everybody could see from their vantage point in a reasonable fashion. From there, she’s looking for the best line of facts which line up in corroboration with each other and which make the most sense in terms of probability based on what you know as human factors. Examples of this would be whether there is a question of reaction time, perception, performance, or if speed was involved or not. She describes it as dissecting the actions, behaviors, as well as the cognitive processes, to know what was possible or what wasn’t, based off the actual physical environment. In other words, it leads to understanding what the facts are telling you, and where they align and where they don’t.

To understand more on how this might work in other types of cases, Cynthia describes a product liability case which involved a consumer product marketed to adults but ended up being used by children. She describes the product’s design as having been so attractive to little children that the children ended up becoming the primary users despite all the company’s efforts to say this product isn’t for kids. She goes on to describe how labeling is also hard to use as a strong enough warning because we, as human beings, are bad at seeing risk and how it pertains to us, making it very difficult to convince people via labeling. A great example Michael brings up of how those risks impact our behaviors is wearing your seatbelt, because there have always been consequence of dying, looming among us all if we don’t wear our seatbelt, but it wasn’t until laws were passed which extended the consequence to something as simple as getting a $200 ticket became associated with it, sparking more people to relate to it. Cynthia goes on to explain why this example worked saying “you need to believe the consequence, and if the consequence has never happened to you or you’ve never known someone to experience it, then you don’t really think it will happen to you.” IE: Perhaps you might not know someone who has died from not wearing their seatbelt, but you likely have experienced being pulled over, or know someone who has been, making the $200 ticket a more “real” potential consequence.

Michael and Cynthia continue to explore several other examples of human factors and how they become introduced in courtroom cases, as well as the many other areas Cynthia’s full-service human factors consulting firm works with using human factors in a wide variety of other industries. The detail to which they discuss human factors in this episode goes well beyond the surface and provides a great understanding in how they play a seemingly granular role with potentially momentous impacts … not unlike how they pertain to space stations.

 

BACKGROUND

Cynthia Rando is the Founder/CEO of Sophic Synergistics, LLC, a Human Factors consulting firm that is focused on optimizing human performance and experience in any environment- Building Better Businesses by Design.TM. Cynthia introduced the SOPHIC Conceptual model to the field, a model that utilizes human factors/human centered design as a profitable business model and strategy.

She has spent 17+ years in the field of Human Factors Design including 12 years at NASA’s Johnson Space Center in Houston, TX. During this time, she provided extensive leadership to the organization addressing several critical areas in Human Factors and Human Centered design including: user interface design, ergonomics, safety and risk mitigation strategies, usability and user experience, accident investigation and root cause analysis activities.  During this time, she was instrumental in spearheading several culture change initiatives and innovative solutions for the agency including: the U.S. Governments’ first use of crowdsourcing as a disruptive business model and the development of the Center of Excellence for Collaborative Innovation and the NASA Human Health and Performance Center.

Cynthia is a Certified Human Factors Professional and the Vice President of the Board of Certification in Professional Ergonomics. She received her B.S. and M.S. in Human Factors Engineering from Clemson University and an MBA from Northeastern University.  She has served as an associate professor at University of Houston Clearlake providing instruction in Human Factors and Ergonomics course material.  Currently, she provides Human Factors consultation to the Texas Medical Center Innovation Incubator assisting medical device and software startup companies.   She also serves on the board of advisors to ORintel for Human Factors and Ergonomics.

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