When you file a lawsuit to pursue a truck accident claim, discovery is one of the stages your case must go through during the litigation process.
You might ask, “What is the discovery process?” Discovery is a pre-trial process that involves the exchange of information and documents and the questioning of witnesses to identify relevant facts and legal issues so that the case can be resolved either through settlement or trial.
What Evidence Can Be Uncovered During Discovery in a Truck Accident Case?
During discovery, the parties will request and exchange various kinds of information to help determine the facts of the case, including what happened, why it happened, how it happened, and what could have been done to prevent the crash.
Common examples of key evidence involved in discovery in a truck accident case include:
- Hours of service logs
- Cargo manifests
- Truck inspection records
- Medical records
- Vehicle repair records
- Police accident reports
- Eyewitness statements
- Event data recorder (black box) logs
- The truck driver’s employment and driving records
- Accident scene photos and videos
- Surveillance, traffic camera, and dashcam footage
- Truck maintenance and repair records
At The Callahan Law Firm, our attorneys use this kind of evidence to build a comprehensive picture of what happened in a truck accident. In many cases, we work with accident reconstruction experts who use their engineering and scientific knowledge to help determine the sequence of events leading up to, at the time of, and in the moments after a crash. These experts can help to recreate and explain what happened in a truck accident based on the evidence uncovered during investigation and discovery.
Key Steps in the Discovery Process
The discovery process in a truck accident case involves multiple steps, such as:
- Interrogatories – Interrogatories allow parties to ask each other in writing for information relevant to the case or that could lead to the discovery of pertinent information.
- Requests for production of documents – Parties in a truck accident lawsuit can serve written requests for production, asking the opposing side to produce copies of specific categories of documents, photographs, data, and other evidence relevant or reasonably calculated to lead to the discovery of admissible evidence.
- Requests for admission of facts – A party may send the opposing side written requests for admission, asking the opposing party to admit or deny specific facts or the genuineness of documents or other evidence.
- Depositions – Parties through their attorneys will conduct depositions of witnesses such as the drivers involved in the accident, eyewitnesses to the crash, trucking company representatives, healthcare providers, experts, and potentially others. Depositions of witnesses are taken with the witness under oath and are sometimes referred to as sworn testimony.
Why the Discovery Process Matters in Truck Accident Cases
The discovery process will uncover relevant evidence and witness testimony that allows your lawyer to understand and then tell the story of the case to the jury.
The discovery phase is when the parties to a personal injury case have the opportunity to gather relevant evidence and assess the strengths and weaknesses of each side’s case. This information allows the parties to understand what happened, why it happened, who is responsible, and the extent of the injuries and damages.
After discovery, the parties can then attempt to resolve the case through negotiation, including mediation. And if the case cannot be resolved, then it will go to trial so that a jury can decide who was responsible and the harm that was caused.
Get Help from a Truck Wreck Lawyer at The Callahan Law Firm Today
Contact The Callahan Law Firm today for a free, no-obligation consultation with an experienced truck accident attorney to learn more about the discovery process in a personal injury claim resulting from a truck crash.
