Reversing Reptile Theory: Emerging Litigation Trends in Transportation

Webinar | July 13, 2022 | 2 PM ET

Attorney Harold Moroknek, our BISC legal expert, will review an emerging trend in transportation legal cases and how legal representatives are responding to plaintiffs that employ the Reptile Theory strategy. During this session, he will also review some steps that you as a company can take to protect yourself and negate some of these arguments. 

In these cases where reptile theory is applied, the question is not whether the drivers or companies operated as safely as possible, but whether they behaved in a way that a reasonable person would not. For example, taking a sip of water on the road is not the safest course of action, but most reasonable people will drink from a water bottle if they get thirsty while driving. If a driver causes an accident while drinking water, a lawyer using reptilian theory would highlight the fact that any kind of distracted driving is unsafe rather than try to convince the jury that the driver violated their duty of care toward others on the road.

By drawing attention to safety, this attorney would be activating our “lizard brains,” which instinctively prioritize survival and say no to unsafe situations.

Find out more and what you can do with our legal expert Harold Moroknek.

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