Beating the "It Was Already There" Defense in Auto Cases
The defense will call your client's spine chronic and degenerative and argue the crash changed nothing. Here is how to prove aggravation of…
Category
Auto Accidents
Liability, UM/UIM, MIST defense trends
Beating the Named Driver Exclusion in Auto Claims
Carriers deny liability coverage by pointing to an excluded household driver or a non-permissive user. Here is how to test the exclusion's…
Proving a Mild Traumatic Brain Injury When the Scans Read Normal
The defense will call it soft, subjective, and disproven by a clean head CT. Here is how to build a mild traumatic brain injury case that s…
Beating the Empty-Chair Defense in Auto Cases
The empty-chair defense assigns fault to an absent nonparty and shrinks recovery. It fails against counsel who treat it as an affirmative f…
Cutting the MedPay and PIP Reimbursement Demand
First-party medical coverage sits at the center of the second fight in every auto file: how much of the settlement the client actually keep…
Apportioning Fault in the Chain-Reaction Collision
In multi-vehicle pile-ups, proving the order of impacts decides who pays and how much. A working guide to sequence evidence, several-liabil…
Freight Broker Liability Peaks at $604M as Auto PI Bar Tracks Key 2026 Shifts
A Dallas County jury returned a $604M verdict against freight broker C.H. Robinson on July 23, 2026, the first major award under the post-M…
The Rear-End Presumption and the Rebuttals That Actually Land
The rear-end presumption is rebuttable, not conclusive. Defense counsel have a settled menu of ways to chip at it, and the data record is w…
Beating the Treatment-Gap Defense in Soft-Tissue Auto Cases
A blank stretch in the treatment timeline is the defense's favorite exhibit. Here is how to document the gap, explain it, and keep it from…
FMCSA Rollbacks and Aurora AV Trucks Reshape Trucking Plaintiff Discovery in 2026
FMCSA Final Rule 2026-12449, effective July 22, 2026, eliminates CDL self-reporting and the in-cab ELD manual, cutting two layers of docume…
Rebutting the Sudden Medical Emergency Defense in Auto Cases
The sudden medical emergency defense can zero out a clean liability case, but it carries a heavy burden. How plaintiffs attack foreseeabili…
Excluding the Defense Biomechanical Expert in Auto Cases
The defense biomechanical engineer almost always reaches past his own competence. How to confine him to physics and keep medical causation…