This is the next post in my series on the handling of Laredo, Texas accident cases which involve commercial vehicles. My last article discussed reaching a settlement in a commercial accident case. It is important to understand that such cases can take some time to settle as a victim’s long-term prognosis must be reasonably known before resolving the case. Settling the matter early can result in a victim receiving less money than what they are actually entitled to. By retaining an attorney, with experience in handling such matters, you help to increase the chances that your matter is handled correctly. In this article I will discuss the importance of discovery in such cases. If you are in need of assistance then contact my office today to speak with a personal injury lawyer. We serve south Texas.
Discovery is how Laredo victims will gather evidence in a commercial accident case
Discovery is the process by which information is gained from the other side in a lawsuit. The process allows for the gaining of records, documents, written answers to questions, and sworn testimony. Gathering such evidence is crucial in cases involving a commercial accident. This is due to the fact that claims against the owner of the vehicle, and other parent companies, will relate to how they trained and/or supervised the driver. If it is shown that the company owners/employers were negligent in the hiring or supervision of the driver then an additional cause of action can exist against those entities.
The foregoing concepts are best explained by way of example. Suppose a Laredo restaurant hires a delivery driver and does not perform a background check or drug test. They only require that the individual show a copy of his driver’s license. Unfortunately, the individual has a prior DWI related to operating a vehicle while on heroin. During the course of his duties, the driver hits another car. Police arrive on the scene and take the delivery driver into custody after he fails a field sobriety test. It is later found that the individual was high on heroin at the time of the accident. The victim’s attorney could use the discovery process to obtain the driver’s personnel file. This would show that the employer had no background check performed and no drug test. Furthermore, counsel could depose the owner of the business and confirm the company’s policies of not drug testing delivery drivers. This evidence would assist in proving a “negligent hiring and supervision” claim against the company.
Discovery is complicated in Texas accident cases which involve commercial trucks or cars
The discovery process can be complicated in Texas accident cases involving a commercial truck or other type of car. This is due to the fact that your attorney will be dealing with multiple defendants. Also, counsel will be dealing with the fact that companies have a wide range of policies and procedures for managing personnel. This means that your counsel will not be able to take a “one size fits all” approach to handling the matter. By retaining an attorney, who is experienced in dealing with corporate defendants, you help to ensure that the matter is handled correctly.
I am a Laredo commercial vehicle accident lawyer who takes pride in serving our local community. We will promptly respond to your emails and quickly return your phone calls. Most importantly, we will make sure that your case gets the attention it deserves. Contact us online or by telephone today to schedule an appointment if you were hit by a semi-truck or delivery driver.