This is the next post in our series on the handling of Laredo, Texas truck accident cases. Our last article discussed the need for expert witnesses in cases involving a semi truck. It is important that you retain a personal injury attorney with the resources necessary to hire such experts. If your counsel fails to hire the right professionals then it may hurt your chances of recovering the compensation you deserve. In this article we will discuss another important topic – the need for discovery in such matters. If you or a loved one have been injured then contact our office today to speak with a lawyer.
Discovery is the process by which information is obtained in a lawsuit. This process provides several tools for obtaining such information. Interrogatories are written questions to which a defendant or defendants must provide written answers. Requests for Production can be used to require parties to provide records, documents, and tangible items. Depositions can be used to obtain the sworn testimony of parties or other witnesses. Finally, subpoenas may be used to obtain records from third parties.
The need for discovery is best shown by way of an example. Suppose a truck driver causes a victim and the semi was owned by another party. The victim would file suit against both the driver and the truck’s owner. If it can be shown that the company failed to adequately train the driver, and that they were not monitoring the driver’s safety practices, then it may be possible to also sue the company for negligent hiring and supervision. In order to gain evidence of such conduct, Interrogatories can be used to have the company identify its training policies and steps it takes to supervise drivers. Requests for Production can be used to obtain the driver’s employment file, company training manuals, etc. This information could then be used at trial.
It is important to understand that, contrary to what is portrayed in the media, trials are not won with “surprise” evidence which is uncovered at the last minute. Instead, they are won by presenting evidence which is methodically collected through the discovery process. Retaining an attorney who is experienced in conducting discovery is, therefore, crucial to building your case. Joey Tellez is a Laredo trucking accident lawyer who is able to assist you. He prides himself on providing the highest levels of service and will work to protect your rights throughout the process. Contact us today.