Discovery Process in Truck Accident Cases
Commercial truck collisions can cause traumatic and life-altering physical injuries and emotional distress. People hurt by large commercial trucks need compensation, but negotiating with the trucking company’s insurer sometimes does not yield results.
If that is the case, truck accident victims must file a personal injury lawsuit against a liable party to seek the compensation they deserve. However, moving forward with personal injury claims can be intimidating, especially when you don’t know what to expect from the Indiana legal process.
At the law firm of Craig, Kelley & Faultless, LLC, our lawyers are ready to help you understand the truck accident litigation process, starting with discovery. Discovery is one of truck accident litigation’s most labor-intensive and lengthy phases. Our legal team can prepare you for what’s to come and explain how we can advocate for your rights throughout the process.
Contact our office today for a free consultation with a truck accident lawyer about your legal options for seeking a fair settlement.
Understanding the Truck Accident Discovery Process
Discovery is one of the most critical steps in a truck accident claim. It is a formal legal process that allows both sides to prepare for trial. Both parties gather and exchange evidence during discovery, allowing each side to understand what information can and will be presented at trial.
However, discovery isn’t only about uncovering and exchanging information. It is a process that allows both sides to evaluate the strengths and weaknesses of their cases and strategize accordingly.
Legal Procedures for Truck Accident Discovery
During discovery, there are procedures for uncovering and exchanging pertinent information. The other side wants to poke holes in your case and look for evidence demonstrating they are not liable for the truck accident or that you were not significantly injured and are not owed financial compensation for your losses. Your objective is to secure evidence that shows the opposite.
Evidence uncovered by an attorney during discovery, which may be vital to building a solid case, can include the following:
- Medical bills
- Medical records
- Police reports
- Witness testimony
- Pay stubs
- Repair receipts
- Photographs
- Surveillance videos
- Dashcam videos
- Truck’s black box data
- Cell phone data
- Safety inspection records
- Cargo manifests
- Hours of service logs
- Other truck driver logs
The trucking company likely holds some of the most substantial evidence to support your case, such as black box data, safety inspections, and hours of service (HOS) logs. It can take legal intervention from your attorney to gather and preserve this evidence before it gets lost or destroyed.
The discovery phase may also include gathering written interrogatories and depositions and filing requests for admissions and production. Interrogatories are written questions answered by a witness under oath. An individual must complete these documents as accurately and thoroughly as possible and return them by a specific date for evidence during a trial. Depositions are another tool attorneys can use during discovery. Depositions are sworn testimony provided by an individual via oral questioning from each attorney and generally recorded by a stenographer.
Requests for admissions are written statements from a party involved in a lawsuit. The party must either admit or deny the statement provided to them. Those statements can then be used as evidence at trial. A request for production is a tool each side can use to request items from the opposing side.
Elements of a Request for Production of Documents
A request for the production of documents allows both sides to seek vital information about evidence and information held by the opposing side. An attorney files a request for the production of documents when they want to gain insight into relevant evidence collected by the opposing attorneys. When filed, the opposing legal team must respond to the request by producing the requested documents or providing a written explanation for why they cannot hand over the requested documents to the opposing party.
In Indiana, the opposing side must answer the request for the production of documents within 30 days. Failing to turn over requested documents or to provide a legitimate reason why they cannot hand over the documents to the opposing side can result in significant repercussions.
Depositions as a Part of the Truck Accident Discovery Process
Depositions are also integral to the discovery process in truck accident cases. A deposition is considered testimony from an individual under oath. Typically, each attorney asks the individual questions in person. A stenographer usually records the session in writing. Depositions are conducted under oath, meaning the person answering the questions must be as accurate and truthful as possible.
During trial, any part or all of the deposition can admitted as evidence under the Rules of Evidence in Indiana.
Disputes Arising During Discovery in a Truck Crash Case
Unfortunately, the discovery process is not always smooth sailing. Disputes can arise during the discovery phase of a truck crash case and may require intervention by the court. These disputes may include disagreements over:
- Timing and manner of discovery
- Production of document requests
- Disclosures
If there are concerning issues during the discovery process, your attorney can ask the court to review and resolve the issue, keeping your case on track.
How an Attorney Can Navigate Truck Accident Discovery
Our experienced Indiana truck accident attorneys can help you navigate the discovery process and strategize your best path forward. Sometimes, trucking companies, insurers, and opposing attorneys use tactics in an attempt to stall the process. Our knowledgeable truck accident attorneys can keep the discovery process moving and ensure they have all the information they need to build a compelling case with the best chance of securing a favorable result for you in court.
Unfortunately, the legal process is complex. Working with an attorney means you have an advocate who can navigate the discovery process, manage strict legal deadlines, and respond to requests from the opposing side.
Talk to Our Indiana Truck Crash Lawyers Now
At Craig, Kelley & Faultless, LLC, we are committed to helping truck accident victims navigate the Indiana legal process, giving them a voice in court. Trucking companies have teams of lawyers and insurers protecting them from liability. You need aggressive legal representation to pursue the money you deserve for your medical expenses, lost income, and other crash-related losses.
Are you ready to let an attorney fight for you? Contact an Indiana truck accident lawyer at our law firm today to set up a free case evaluation and discuss your legal options.