Types of Discovery Used When Litigating a Truck Collision Claim

Lawyer Looking at Discovery Evidence With a Magnifying GlassIf the insurance company for the negligent trucker and trucking company denies your claim or refuses to pay you the compensation you deserve for your injuries caused in a truck collision, you will need to file a lawsuit and litigate your claim.

The longest phase of your lawsuit will be the discovery phase of your case. This can be a lengthy and frustrating process, but it will hopefully result in you obtaining the evidence you need to win your case.

Types of Discovery Used in Truck Crash Cases

Discovery is the process of your attorney and the trucking company’s attorney obtaining documents and other information to help prove their case and understand each other’s claims in the lawsuit. Types of discovery that they could use in a truck accident case include:

  • Interrogatories. Interrogatories are written questions that the lawyer for the trucking company may send you to answer, and your attorney may send for the trucking company and truck driver to answer. They must be answered under oath. Depending on the judge deciding your case, there may be a limit to the number of interrogatories that can be asked.
  • Depositions. A deposition is a session where the lawyer scheduling it questions a party to the lawsuit or a witness. The questions and answers are transcribed by a court reporter who creates a written document that can be used in court. Depositions are one of the most powerful and common discovery tools used in truck accident cases.
  • Request to produce documents. A lawyer can also ask other parties to the lawsuit to produce documents. Helpful information your attorney could obtain includes the trucker’s personnel file, truck maintenance records, the trucking company’s policies, manuals, cellphone records, receipts, and more.
  • Requests to admit. Another discovery tool is a request for admissions that would be sent to the opposing party requesting that they admit specific facts in your case. This can reduce disputes about basic facts and help you prove some critical elements of your case.
  • Subpoena. If the trucking company’s lawyer or your attorney wants to take a third party’s deposition or obtain documents from them, they would need to serve the party with a subpoena issued by the court. 

Contact a Norfolk Truck Accident Lawyer Today for the Help You Need

Were you or a loved one injured in a truck collision that was not your fault in Norfolk or Virginia Beach? You need an experienced truck accident attorney who will go up against the insurance company for the compensation you deserve. To learn about our track record of success helping truck collision victims and how we can assist you, call our Norfolk office at 757-625-1214 or complete our online form to schedule your free initial consultation today.