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ST. LOUIS, MO – 2/12/2015 –Roberts Perryman PC is pleased to announce Korissa Zickrick as the firm’s newest equity shareholder and principal. Korissa Zickrick has experience in the defense and settlement of all aspects of insurance defense including trucking litigation, products liability, bodily injury claims, wrongful death, subrogation and slip and fall claims. In 2010, Korissa graduated from Nu-Way Truck School in St. Louis, Missouri and obtained her Commercial Driver’s License. While learning to operate a commercial vehicle, Korissa obtained first-hand knowledge and experience of the challenges a driver faces daily on the road. With this experience, Korissa advises clients in all areas related to trucking and trucking accidents.

Korissa is an active member of the Missouri Trucking Association, Illinois Trucking Association, Truckload Carrier Association and the American Trucking Association.

Korissa graduated from the University of Illinois with her B.A. in 2000, and Drake University Law School with her J.D. in 2003.

About Roberts Perryman
For over 50 years, Roberts Perryman has provided high quality and affordable legal services throughout Missouri and Illinois. The firm concentrates in Trucking and Transportation, Premises and Product Liability, Insurance Defense, Automobile Negligence, Insurance Coverage. The firm has offices in St. Louis, Springfield, MO and Belleville IL. http://www.robertsperryman.com

Contact: Jennifer Mason, Director, Marketing & Communications
+1 314 421-1850 or e-mail jmason@robertsperryman.com

The American Transportation Research Institute (ATRI) has released a study regarding truck driver age demographics, and the results, while not surprising, are quite concerning. The facts correlate to an impending storm: we see the clouds and have gathered the requisite supplies, and there’s nothing left to do but wait.

The overall truck driver shortage is apparent to those of us who work in the U.S. trucking industry. Right now, there is an approximate driver shortage of 30,000-35,000 drivers, with an expected 240,000 driver shortage by 2022. Stringent federal regulations, intense demand, an aging driver population, and increased access to academics all align to create issues for motor carriers seeking to recruit drivers. State and federal laws establish numerous driver qualifications, and FMCSA scoring programs create driver safety visibility that wasn’t once available to motor carriers and that serve as effective driver screening tools. Carriers are becoming more and more risk adverse in terms of hiring truck drivers, and will often refuse to hire a driver with a poor record. Further, approximately 40 years ago there were 20,000 trucking companies. Now there are over 500,000. The intense competition has cut into carriers’ profit margins, and many aren’t profitable enough or don’t have the liquidity to increase drivers’ wages to the requisite amount needed to keep them. Finally, more people are forgoing the opportunity to drive a truck in order to pursue secondary education. More and more universities are offering programs online, or with weekend class options, late night courses, and schedules built around working students. Also pertinent is the fact that high school students, across the board, are less interested in attaining vocational education credits, and of those who do, few schools offer any sort of courses in trucking or transportation.(1)

While fewer people are entering or staying in the trucking workforce, even fewer 25-34 year olds are interested in hopping into a big rig. The median driver age is 46.2 years, which is higher than the overall 2013 workforce, at 42.4 years. Private carriers’ median driver age is 52 years old. Over the past twenty or so years, drivers who were 25-34 years old have decreased significantly, nearly 50%, although in the overall U.S. labor force, the 25-34 year old age group has remained constant. Many point blame at the fact that interstate CDL holders must be 21 years or older, and if a carrier finds a qualified 21 year old CDL holder, many insurance companies require drivers to be at least 25 years old. Those interested in driving a truck will often find themselves in a seven year waiting period, which is untenable for a 21 year old.

In 2013, nearly 30% of the country’s truck drivers were 45-54 years of age, with over 56% of drivers being older than 45 years old. A query exists: what will carriers do once these individuals retire in the next fifteen or so years? If the industry isn’t hiring younger folks to replace them, and those drivers holding the cachet of “veteran status” are out of the work force, then carriers are going to be left with some tough issues in terms of hiring and recruitment of drivers. As the economy rebounds, many drivers take up employment in another sector and never return to driving.

Another comment complaint we hear from drivers is lack of respect. Right or wrong, many drivers feel that dispatchers, managers and owners do not value and respect what they do for a living. Young drivers especially complain of lack of respect.

So what are carriers to do? The first step is to try and recruit those who are interested in driving a truck for a living, which may prove to be more difficult to do than once expected. Another step would be to gear marketing to the younger generations, which may require research into the compensation and benefits they expect, as well as their lifestyle needs. They key seems to be lifestyle. While driver pay has not kept pace with other industries, the thought of living in a sleeper and getting home once or twice a month is simply not appealing to the 25 year old driver. Team driving may offer a solution, but higher pay, more home time and respect seem to be the key in hiring and keeping good drivers.

For the full article, please go to ATRI’s website and request a copy.

This blog references the ATRI article, “White Paper: Analysis of Truck Driver Age Demographics Across Two Decades.” Jeffery Short, December 2014.

(1) In 2002, approximately 28.8% of public schools offered a transportation type vocational course, in comparison to business at 96.5%, computer technology at 94.4%, mechanics at 81.9%, and childcare at 68.3%.

This article was written by Lesley Hall, JD, MBA, associate attorney at Roberts Perryman PC.

The 2014-2015 Judicial Hellholes report shines its brightest spotlight on seven courts or areas of the country that have developed reputations as Judicial Hellholes. Several have become or continue to be hotbeds of asbestos litigation, even though the U.S. has passed its epidemiological peak for mesothelioma, and even as civil courts and lawmakers in much of the rest of the country grow increasingly skeptical of a lawsuit industry that relentlessly generates new claims in Judicial Hellholes and elsewhere. This skepticism is being fueled by mounting evidence of manipulation and even outright fraud.

But asbestos litigation and the jurisdictions that attract a lot of it comprise only a fraction of this year’s report. Permissive courts willing to entertain sometimes preposterous consumer class actions, rogue judges willing to disregard the authority of the other two branches of government, steadily spreading disability-access lawsuits that cynically target small businesses that can’t afford to defend themselves in court, state attorneys general contracting with private-sector personal injury lawyers to pursue their self-interest instead of the public interest, the trial lawyers’ major advertising investment aimed at what they hope will be the next product-liability bonanza, and many other issues all receive attention.

#1 this time is New York City, so honored for its mishandling of asbestos litigation

#2 is the entire state of California, which had been #1 on ATRA’s list for the past two years (the state’s drop to #2 is emphatically not an indication that the situation in California has gotten any better: it hasn’t)

#3 is West Virginia’s Supreme Court of Appeals

#4 is the Florida Supreme Court

#5 is Madison County, Illinois, the home of much of the Nation’s asbestos litigation

#6 is the Missouri Supreme Court, a newcomer to the list

#7 is the whole state of Louisiana

For the entire report go to http://www.judicialhellholes.org/

If you have any questions please contact Jennifer Mason, jmason@robertsperryman.com

Lesley Hall will be working in the newly opened Springfield, MO office at 1350 East Kingsley. Lesley will be practicing Trucking Litigation, as well as Insurance Coverage and Defense. Lesley graduated from the University Of Missouri-Columbia School of Law. While at University of Missouri, Lesley was an associate member of the Law Review, and had two case notes chosen for publication in the Missouri Law Review. She also completed two internships, for The Missouri State Public Defender’s Office in Springfield MO, and Reece Family Law.

Lesley’s interest in defending trucking companies stems from being third generation in a trucking family. In fact, she oversaw the monthly operation of an over-the-road trucking company while working on her undergraduate and juris doctor. Lesley has first-hand experience in the challenges trucking companies face. This experience helps Lesley in providing insightful and practical defenses for her clients.

“We are very happy to have Lesley join our firm.” said Mr. Perryman, Chairman of Roberts Perryman. “Lesley understands not only how to provide the kind of client service and counsel Roberts Perryman has built its reputation on, but she also has the ability and skills to grow the firm’s business. We are thrilled to have her on board.”

Roberts Perryman has been defending clients for over 50 years. The headquarters is in St. Louis, MO with a satellite office in Belleville, IL and Springfield, MO, 1-417-771-3121, http://www.robertsperryman.com

For more information please contact Jennifer Mason, jmason@robertsperryman.com

ST. LOUIS, MO – 8/19/14 — Roberts Perryman PC is pleased to announce Jason Guerra as the firm’s newest equity shareholder and principal. Jason engages in civil litigation in Missouri and Illinois, with an emphasis in lawsuits involving bodily injuries, trucking and transportation and insurance defense. Jason represents a wide variety of clients in business litigation, insurance coverage issues and commercial transportation related matters. He has handled complex issue and multi-party litigation at the state, federal and appellate level.

Jason has been named a “Missouri Rising Star” Super Lawyer, 2011 through 2013, by the publisher Thompson Reuters, and has received a preeminent “AV Rating” from Martindale-Hubbell. He is a member of the Missouri Trucking Association, Illinois Trucking Association, as well as numerous other industry associations, where he focuses on representing the interests of the transportation industry through state and federal legislation.

Jason is a graduate of the University of Missouri, BA, with honors, 2000 and Saint Louis University Law School, JD, 2003.

About Roberts Perryman

For over 50 years, Roberts Perryman has provided high quality and affordable legal services throughout Missouri and Illinois. The firm concentrates in Trucking and Transportation, Premises and Product Liability, Insurance Defense, Automobile Negligence, Insurance Coverage. The firm has offices in St. Louis and Springfield, MO as well as Belleville IL. http://www.robertsperryman.com

Contact: Jennifer Mason, Director, Marketing & Communications
+1 314 421-1850 or e-mail jmason@robertsperryman.com

The following is an article Jennifer Wood had published in the American Bar Association’s Summer Newsletter. For the link click here:http://www.robertsperryman.com/article/2644/Jenn-Wood-Published-in-ABA-Summer-Newsletter.aspx?articlegroup=1188

TRUCK DRIVERS: AN ATTORNEY’S PRIMER
By: Jennifer A. Wood, Roberts Perryman, P C.

Summer 2014

How you interact with the truck drivers you represent can make a significant impact on your client’s satisfaction, and even the ultimate resolution of the case. Unfortunately, many attorneys do not understand what it is like to be a truck driver, and therefore inadvertently make client handling mistakes. This article is designed to give such attorneys a bit more insight into what their truck driver clients may be thinking and experiencing.

We must note that the following will be full of stereotypes. Of course, every driver is an individual. However, many drivers you encounter will have at least some of the following characteristics.

Over the road drivers (those that sleep in their truck and are away from home for days/weeks at a time) are not used to having someone look over their shoulder and question their every move. They tend to love the freedom of the road and feeling like they are their own boss (even if they are not). If their actions are questioned they can quickly get defensive. This is complicated by the fact that they are used to having to defend themselves, so becoming defensive or responding aggressively may be their customary reaction. They may feel like their dispatcher often sets them up for failure, or that their company intentionally short pays them. Their family may be frustrated at how little they are home. Non­ professional drivers on the road (the “four wheelers”) virtually all assume that truck drivers are incompetent and uncivilized. Truck drivers are used to fighting with everyone, and you certainly don’t want them to be fighting with you. So, the first tip is to avoid putting them on the defensive.

Second, it is vital to understand that life can be very complicated when you live in a truck. Truck drivers cannot simply print, sign, scan, and email that affidavit back to you. (Although some do have more technological resources available in their trucks than others.) They cannot pop into your office for a chat about the case. They may not even be able to answer their phone during your working hours. With the new FMCSA regulations , many drivers are trying to spend more daytime hours driving so they can take their breaks overnight and better manage their weekly restart. At the same time, many companies have policies that prohibit talking on cell phones while driving, and many states have laws against cell phone use. Asking a driver to pull over so you can talk about the case would be like asking you to play solitaire for a while instead of working on your files. Most drivers are paid by the mile, and similar to attorneys who bill for their services, if they aren’t putting miles on their truck they are not getting paid. Worse, while attorneys have 24 hours of every day with which they can potentially work, drivers only have 14 hours. Ifa driver has to stop in the middle of his or her 14 hour work shift to talk to you, that means fewer miles and less money. Not to mention the simple fact that they may not be able to find somewhere safe and legal to park. Thus, the second tip is to be cognizant of their day-to-day working environment, and plan your requests accordingly.

Like many of us, truck drivers just want people to respect what they do for a living. Anything you say ot do to make your truck driver client feel like you are demeaning him or her, or putting down their chosen profession could be disastrous. Attorneys may think we sometimes have a bad reputation among the general public, but compare that to the reputation of truck driver. People make fun of them for their intelligence, their cleanliness, their demeanor, their choice of profession, and most of all, their ability to do their job. How many “four wheeler” drivers do you know that blame every accident on a big truck, or assume that every truck driver is a danger to society? Show your client that you respect what he or she does for a living, that you recognize how incredibly difficult and taxing their job really is, and they are much more likely to be open and cooperative with you. Therefore, the third tip is to show respect to truck drivers for what they do.

Finally, dealing with an accident and related lawsuit can be terrifying for a professional driver. Lawsuits are stressful fro everyone, but not everyone is at risk of losing their livelihood as a result. Drivers without a valid driver’s license are unemployable. Drivers with a serious loss history are unemployable. Many drivers do not have a “plan B” career choice, as the only thing they have ever done or wanted to do is be on the road. In addition, depending on the specifics of the accident, drivers could face criminal charges and possible jail time. So your client may be terrified by the entire notion of the lawsuit, yet may be unable or unwilling to express this fear. Remember that many drivers spend long periods of time by themselves, and may not have the best communication skills as a result. Often, the underlying fear coupled with potential communication problems can result in a driver who is angry, gruff, and likely to speak with an excess of emotion at exactly the wrong time. Thus, the final tip is to always be aware of this dynamic, and be prepared to counsel your client accordingly before a deposition or trial.

Truck drivers are some of the most hard working individuals you will ever encounter. They are the backbone of our country’s economy and yet receive little recognition for the work that they do. They can be fiercely independent, but also fiercely loyal. The more you understand and respect them, the more they will respect you and whatever you ask of them.

Jennifer A. Wood is an associate at Roberts Perryman, P C.  Her practice focuses on trucking litigation and insurance defense. Jennifer has been married to a tri1ck driver since 2001, and credits the many stories of his on-the-road experiences for her interest in transportation law.