This is the next post in my series on the handling of Laredo, Texas car accident cases. My last article discussed how distracted driving can impact a car wreck case. It is important to understand how the use of a cell phone, while driving, can increase a responsible party’s share of fault for a wreck. How the Court will rule in any given case, however, is always going to depend on the particular facts of the matter. It is strongly suggested that you discuss your situation with an attorney as soon as possible. In this article I will discuss the importance of discovery in such matters. If you or a loved one have been injured then contact my office today to speak with a lawyer.
I have previously discussed the use of discovery in trucking accident cases. The same tools are available, for the collection of evidence and relevant information, in matters involving a car wreck. Interrogatories may be used to require that a defendant provide written answers to written questions. Requests for Production can be used to require the other party provide records, documents, and physical objects (such as phone records). Depositions can be used to gain under-oath interviews of parties, witnesses, expert witnesses, etc. Finally, subpoenas may be used to require the presence of third-parties or to gain documents from such parties (such as vehicle repair records from a mechanic). Additionally, there are other tools available for the gathering of evidence.
Discovery can be crucial to proving liability in a car accident case. In our last article, we gave an example in which a defendant had hit another vehicle while texting and driving. Continuing with this example, it goes without saying that such a defendant would likely not admit that they were using their phone behind the wheel. A Request for Production, however, could be used to require the other party to provide their cell phone billings. These billings would show when the defendant was on the phone or texting. After receiving the billings, follow up discovery requests could then be sent to gain a reproduction of their text messages during the time of the accident. This would show whether the defendant was attempting to carry on an in-depth conversation while driving. This is just one example of how discovery can be used to gather evidence. How the process will be conducted, in any given case, will always depend on the facts of the situation.
One point that I cannot stress enough is that the conducting of discovery can be vital to one’s case. Personal injury matters are not won with “surprise” evidence which is uncovered on the eve of trial. Instead, the evidence needed to prove liability is methodically gathered, over many months, through the discovery process. If your attorney does not go through this process, then you may be without needed evidence at trial. As a Laredo car accident lawyer, I am experienced in handling such matters. My office will work to make sure that your case is prepared for trial and that no stone goes unturned in gathering needed information. We understand that this is an important time in your life and we will give your case the attention it deserves. Contact us today. We handle matters throughout south Texas.