If you are pursuing legal action after a trucking accident, understanding the different stages of the legal process can help you feel more confident navigating the unfamiliar road ahead. One important step in your case is discovery, in which both sides gather evidence and information to support their cases.
A truck accident lawyer will share everything you need to know about discovery in truck accident cases and guide you through this process.
Understanding the Discovery Phase of Your Truck Accident Case
Lawsuits are methodical processes that involve investigating a case from all angles and taking the time to collect accurate, factual evidence. The legal process generally follows this roadmap:
- Filing the complaint against the defendant
- Service of process and awaiting the defendant’s response
- Pre-trial discovery
- Motions and pre-trial hearings
- Preparing for trial
- Presenting evidence in court
After you file a lawsuit and the defendant responds to the filing, the attorneys on both sides will have time to investigate the accident further and gather evidence to support the defendant’s negligence and your damages. Because truck accidents are often complex, the discovery process typically involves the acquisition of highly technical data and specialized documentation.
Working with an attorney who has experience with truck accident cases can be crucial. They will know the right types of evidence to seek in your case and the proper legal methods for securing them.
An attorney often starts the discovery process by sending a spoliation letter to the trucking company. This letter requests that the company preserve all evidence related to the accident so that it does not become lost or destroyed.
Methods Used for Evidence Collection During Discovery
Attorneys use several methods to gather evidence during the discovery process in a truck accident case. A few common methods include:
- Interrogatories: These are written questions that one party sends to the other. The party answering the questions must do so under oath. Questions may cover topics like the truck company’s safety protocols, the truck’s maintenance history, the driver’s training, the cargo loading process, and more.
- Depositions: Similar to interrogatories, depositions involve answering questions under oath. The difference is that depositions are recorded, and either side can use the information they gather to support their cases. The parties providing sworn testimony in a deposition may include eyewitnesses, company representatives, the drivers involved, expert witnesses, and others who were involved in the accident.
- Requests for admission: To narrow down key details in the case, either side might send the other party requests for admission, in which they ask the party to admit or deny certain facts about the case. When both sides can confirm that they agree on certain facts, neither party will have to prove those points during trial, which can save a significant amount of time.
- Requests for production/documentation: Either side may also ask the other to provide specific documents related to the case, such as black box data, accident reports, maintenance logs, medical records, etc.
As you can see, the discovery phase involves much more than just reviewing photos or videos of the accident. By requesting all relevant types of evidence during this stage, your attorney can adequately prepare for trial and represent you effectively in court if necessary.
However, many truck accident lawsuits settle during or after the discovery phase. At this point, both parties have a clear understanding of the evidence and whether they can build a solid case. Either party might request to settle out of court and avoid the expense of a trial. Your attorney will represent you during any settlement negotiations to support your request for a fair settlement.
Types of Evidence Collected During Truck Accident Discovery
During the discovery phase in a truck accident case, your attorney will gather any types of physical, digital, written, or recorded evidence to help support your case. This may include:
- Photographs that show the vehicles and the accident scene after the crash
- Video footage of the accident from dash cams or security cameras
- Police reports that include the details of the accident and any preliminary liability determinations
- Medical records that showcase any injuries incurred in the accident
- Driver logs detailing how long the truck driver had been on duty and whether they were following FMCSA regulations for driving hours
- Black box data showing the truck’s activity leading up to the crash, such as the depression of the brake pedal or the driver’s seatbelt use
- Employment records providing evidence of the driver’s experience and history
- Insurance policies detailing what the insurance should cover in the accident
- Maintenance records showing when the vehicles had been serviced most recently and whether maintenance recommendations were followed
- Cargo loading records indicating whether the truck was loaded safely and correctly
- Witness testimonies from those who saw the accident
- Legal documentation, such as copies of communications with other parties
All of this evidence can help paint a picture of how the accident happened. Your attorney will use them to support each of the four elements of negligence:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- An accident occurred due to the breach.
- You suffered injuries in the accident.
How Long Does the Discovery Process Take?
The length of the discovery process in your truck accident case can vary significantly, ranging from a few months to over a year. This process comes to an end when court-ordered deadlines are met and parties have exchanged all necessary evidence and completed depositions.
While there are often specific deadlines that apply to the discovery phase, they can be extended as needed if either side is still waiting for certain evidence, and if the court allows. The court’s schedule can also affect the length of the discovery process, as it will officially end when pre-trial motions and hearings take place, which can depend on court scheduling.
Request a Legal Consultation for Your Truck Accident Case
Now that you know what discovery is in truck accident cases, you can feel more comfortable navigating the lawsuit process. If you are exploring your options after a truck accident, Jackson & Foster Law can provide legal guidance. Contact 251-433-6699 today for a free consultation.
