JOB TITLE: TORT LIABILITY SPECIALIST TRANSPORTATION

JOB CODE: 70344

DEFINITION: This is paralegal work in a highway engineering district in investigating and researching liability claims filed against the Department of Transportation.

An employee in this job performs paralegal work in researching, gathering, coordinating, and providing required information in an engineering district office to support the Attorney General's Office in the defense of a full range of tort claims filed against the department. Work involves the collection of perishable accident data, review of pre-litigation claims, and research and review of county and various district office files, drawings, and charts. Work also includes interviewing county and district personnel, producing required documents, responding to all interrogatories, recommending department experts for courtroom testimony, providing input in the determination of the extent of liability, and recommending possible appropriate settlement. Work assignments range from reviewing minor claims from the public and current department employees to those of a serious nature involving fatal vehicle accidents. Work includes building files on accidents that have a potential for future legal actions; investigating construction and vehicle accident sites for contributing factors such as measuring skid marks, noting road conditions, sign placement, and weather conditions; photographing accident sites; clipping and filing newspaper articles in regard to vehicle accidents; reviewing police reports; and participating in a court of law as a commonwealth witness. Work is performed independently and is reviewed by an administrative supervisor through observation of completed assignments and review of written reports, documentation of facts, sound recommendations, and claim settlements.

EXAMPLES OF WORK:

• Investigates accident sites for contributing factors such as sign placement, and road and weather conditions.

• Builds and maintains potential files by collecting and obtaining evidence and supporting documentation relative to serious accidents in the district.

• Interviews witnesses, obtains signed or recorded statements, police reports, weather reports; inspects vehicle and property damages; and recommends expert witnesses.

• Gathers photographic evidence of site conditions, location, or other conditions as required to establish documentation and to ascertain if any deficiencies existed, as pertains to existing department policies.

• Contacts county and district office personnel to gather additional information.

• Researches past legal cases to establish precedents which may have an impact based on settlements, judgments, and other dispositions, and recommends them for review.

• Evaluates gathered material to assist in determining degree of negligence or liability and overall value of claims.

• Oversees the small claims program and provides information to the pre-litigation claims evaluators to assist them in rendering decisions.

• Prepares reports on claims as required by supervisor or the Attorney General's Office and provides input in the settlement of claims based on the investigative material and knowledge of past, similar claims.

• Responds to requests made during the discovery process.

• Processes all claims and complaints reviewed in the district office as it pertains to tort liability.

• Interacts with attorneys, department personnel, and claimants to establish basic facts and circumstances of claims made against the department.

• Answers all interrogatories and requests for production of documents and requests of admissions on all cases involving tort litigation.

• Assists attorneys in selecting juries and defending the department in tort litigation during trial.

• Assists in the preparation of department personnel for depositions and trial.

• Attends depositions and trials in which department personnel are involved.

• Maintains copies of legal complaints and events of summons served on the department.

• Testifies in court proceedings.

• Researches and coordinates actions to all subpoenas served on the commonwealth for the assigned counties.

• Provides attorneys with accurate information concerning department policies and procedures.

• Responds to accident-related information requests from the public.

• Functions as the liaison between the district office and the Office of Attorney General, Office of Chief Counsel, and Bureau of Risk and Insurance Management.

• Attends risk management/tort liability seminars.

• Trains county personnel assigned tort responsibilities in the investigation of accident sites.

• Notifies district and county staff of the status of tort cases.

• Keeps abreast of new laws and past decisions rendered.

• Performs related work as required.

ENTRY LEVEL KNOWLEDGES, SKILLS, AND ABILITIES:

• Knowledge of tort principles, terminology, and techniques.

• Knowledge of pertinent or precedent setting cases.

• Knowledge of rules of evidence and discovery.

• Knowledge of methods and techniques of legal research.

• Knowledge of investigative interviewing techniques.

• Ability to read and interpret legal documents.

• Ability to establish and maintain effective working relationships.

• Ability to communicate effectively orally.

• Ability to communicate effectively in writing.

MINIMUM EXPERIENCE AND TRAINING: (NOTE: Based on the Entry Level Knowledges, Skills, and Abilities):

• Two years of paralegal experience and a certificate from an accredited paralegal school;

or

• Five years of investigative legal work in gathering and organizing legal documentation for use in a court of law;

or

• An equivalent combination of experience and training.