Truck accident cases may require you to go to court to resolve your claim. A pivotal part of this process is what is known as discovery. This phase is important for building a strong case against the at-fault party. A West Palm Beach truck accident lawyer from Lytal, Reiter, Smith, Ivey & Fronrath will walk you through what discovery is in truck accident cases as they work diligently and thoroughly to ensure you have a solid case.
What happens during the discovery process?
The discovery phase of litigation takes place during the pre-trial portion of the case. The parties involved in truck accident lawsuits share evidence and information with each other so neither party is blindsided in court.
Truck accident attorneys use this time to review the evidence the opposition has and prepare their strategy and argument in court. It also allows them to review and verify the information that has been submitted, or file a pre-trial motion to suppress evidence that may be inadmissible. Additionally, attorneys will also continue to investigate the accident, request evidence or an authentication, and may even subpoena evidence if needed.
This part of the process is typically when depositions and interrogatories are conducted. Depositions are examinations where lawyers from both sides are present and a witness or expert is questioned and cross-examined to establish their testimony. It is also used as a baseline if a court testimony varies. While they serve a similar purpose, interrogatories are answered under oath and submitted in writing.
What evidence can be used during discovery in a truck accident claim?
During the discovery process, you and your lawyer will gather evidence to corroborate your claim and show that the trucking company was negligent. You may have collected some evidence during your case, but other forms may be gathered during the discovery phase, including:
- Black box data
- Accident reports
- Medical records
- Driver logs
- Medical bills and records
- Repair estimates
- Photos and videos
- Witness statements
- Expert testimonies
It is important to talk with your lawyer about what evidence may be most effective to use in your case. You can also talk with your lawyer about what weaknesses may be present in the truck company’s case that can be used to strengthen your arguments.
How is liability determined in a truck accident case?
Determining who is liable in trucking accident cases is key to resolving the case and receiving a favorable outcome. The Federal Motor Carrier Safety Administration (FMCSA) issues regulations that all trucking companies and commercial vehicles must meet to ensure safe operations. When they fail to adhere to these rules, they could be held liable for their contribution to the accident.
Liability is based on negligence, which must be established as a fact during the case. Your lawyer will demonstrate that the party at fault had a duty of care to act safely and prevent harm. By failing to be cautious and engage in safe practices, they breached that duty, and their actions caused the accident and your injuries. As such, they must pay for your damages.
Contact Lytal, Reiter, Smith, Ivey & Fronrath today for help with your case
Lytal, Reiter, Smith, Ivey & Fronrath skillfully guide you through the discovery phase and beyond during your case. There is never a moment when you will be without the support and representation you need and deserve. We are dedicated to your success and will fight aggressively to secure your results against the truck driver who hurt you.
Call our office at (561) 655-1990 or contact us online to schedule a free consultation with our legal team.
