Michael Cowen

Michael Cowen specializes in personal injury cases involving trucking, commercial motor vehicle, catastrophic injury, oil field accidents as well as product liability,

48 – Andy Young – Driving Change and Verdicts as a Truck Driving Lawyer

In this episode of Trial Lawyer Nation, Michael Cowen sits down with Ohio attorney, Andy Young, who like Michael, specializes in trucking cases.

Andy’s journey over the past 20 years of practicing law and ultimately specializing in trucking cases started by accident when his hobby for rehabbing trucks, as well as starting a trucking company, turned out to be more valuable than he expected where he was being asked to speak at various trucking litigation groups. Essentially his passion for “anything on wheels” and his upbringing around big equipment propelled him toward the industry as well. He goes on to establish upfront that he indeed does not hate the trucking industry as some might conclude by having become a trucking attorney. Andy cares deeply for the truck drivers as well as the component of the industry that treats the drivers well while also explaining in great detail the parts of the industry he does not care for, which abuses the drivers and stokes safety issues all in the name of profits. He goes on to say that everything he does “ultimately is in favor of safety and in favor of the truck drivers too.”

Beyond filing lawsuits to try and improve the trucking industry, Andy is also involved in several advocacy efforts having originally become involved through some articles he had written and published back in 2011 on underride crashes, which have evolved all the way through giving testimony to Congress on the issue. He talks through some of the efforts that he’s been a part of in shining a light on the issues that surround truck crashes, specifically underride guards and rear guards, where the industry has made significant strides to reduce fatalities from crashes involving underrides in Europe, but continue to lack in the United States. While Andy has started to see the needle move a little bit in regards to instituting safety features that would prevent such fatalities, he also sees the trailer manufactures resist the urge to make their products safer while using federal regulations as a scapegoat for not making these life-saving improvements. This transitions into Andy sharing how helpful it can be for the families who have lost a family member to a truck crash to become active in safety advocacy as a way to give them some purpose to their loss.

Michael asks Andy, with his unique perspective as a truck driver and running a trucking company, what he’s learned to make him a better trucking lawyer. Undoubtedly, Andy refers to his time behind the wheel as being the most valuable and suggests that those who are looking to be great trucking lawyers do what Michael Cowen did and go to truck driving school to get a more intimate understanding of what truck drivers experience as well as a better understanding of what it’s like to maneuver such large pieces of equipment. Andy also continues to use his truck driving skills as a part of a small race car team where he drives the truck that carries the car and finds himself constantly thinking about his cases every time he gets behind the wheel. This has allowed him to more effectively communicate with truck drivers better and understand things that perhaps other attorneys might not consider. He goes on to describe several examples of how this has come in handy citing personal experiences that have helped him to debunk some theories placed on truck drivers in cases when it comes to the speeds they travel at in relation to what gear they are in, which he notes has “been very, very beneficial.”

The conversation shifts to Andy discussing his great results in the face of some fairly tough fact patterns, where Andy goes into detail regarding his litmus test on how he decides whether to take on a case. It’s worth noting that he does not think it matters whether his client has hit the back of a truck, has had a DUI, were speeding, or had some other issues going on. Instead, he looks at the truck driver and the truck company to see if they created a hazard whereby a crash would not have happened otherwise to determine if the case is worth pursuing or not. He goes into further details on case selection tips, including spending some money upfront to explore how the hazard was created and/or how it was confronted.

Moving the conversation into the courtroom, and wrapping up this episode, Andy describes some of his techniques and analogies he uses to keep his case in a positive light including one he uses with his clients who are angry about their loss (rightfully so) but are in need of help to not become their case’s worst enemy by displaying their hostility. Another analogy he uses with his clients refers to how to determine what’s important and what’s not at trial, which he’s found to resonate well with his clients when he establishes the analogy with his clients early on. Andy also uses a technique where his client’s home is used as a witness, which is truly fascinating and the way he walks through it, literally and figuratively, can really give things a whole new perspective. Truly some incredible strategies and techniques worth listening to and incorporating into any case that’s going to trial.

 

BACKGROUND

Andrew (Andy) R. Young concentrates his practice on catastrophic truck crashes and wrongful death litigation.  He holds an active, interstate, Class A Commercial Driver’s License (CDL) and regularly drives his own Peterbilt semi-tractor and 45-foot racecar trailer.  He has testified as a Truck Safety Advocate before the U.S. House of Representatives, Subcommittee on Highways and Transit.  He is a member of the Owner Operators Independent Drivers Association (OOIDA).  He has testified on behalf of OOIDA and the Ohio Association for Justice’s Truck Safety Section before the Ohio Senate Transportation Committee.   He serves as an Executive Officer of the AAJ Trucking Litigation Group and is the immediate, past-president of the Lorain County Bar Association (LCBA).  Mr. Young is “AV” rated by Martindale-Hubbell, has been included in Ohio Super Lawyers, and has received numerous awards from AAJ TLG, OAJ, and was the LCBA Member of the Year in 2016.  Mr. Young serves on the Board of Regents for the Academy of Truck Accident Attorneys (ATAA) and serves as the ATAA’s current Education Chair.  He lectures frequently at continuing legal education programs on trucking litigation and trial advocacy.  Mr. Young has served as a Moderator and on the Organization Committee for two industry “Truck Underride Roundtables” hosted at the Insurance Institute for Highway Safety (IIHS) at their crash test facility in Ruckersville, Virginia.   Mr. Young is also member of the American Board of Trial Advocates (ABOTA).  Mr. Young is a partner with Young and McCarthy, LLP, located in Cleveland, Ohio and works with attorneys throughout the nation.

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

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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