The word “discovery” refers collectively to the information provided to you by an opposing party in a lawsuit. When requested as part of a lawsuit, the other party will generally provide any records, documents, or other evidence that is relevant to the suit. When a motor vehicle lawsuit is filed, lawyers will seek out certain items of discovery as a matter of course. These items will include, for example, the accident report and any other photographs or documentation prepared by law enforcement. They may also request any written or oral statements made by the other drivers involved. Please keep reading to learn how a tractor trailer accident attorney handles cases involving truck accidents.
Discovery in Truck Accidents Often Goes Further
A tractor trailer accident attorney is no different and will also seek out discovery for their clients in truck accidents. The National Safety Council reports that, in 2020, there were over 100,000 trucks involved in injury accidents nationwide, and in lawsuits that followed some of these crashes, discovery was sought.
Like in other motor vehicle crash lawsuits, tractor-trailer accident attorneys will look for accident reports, narratives, photographs, and witness or driver statements. But discovery in a truck crash lawsuit will go further if it is to be as comprehensive as possible.
Some of the other items a tractor-trailer accident attorney might want to obtain include:
Medical Records of the Truck Driver
The medical requirements to obtain and maintain a commercial driver’s license differ from those for a passenger vehicle license. Commercial drivers must be medically cleared to operate their rigs.
A tractor trailer accident attorney will be interested to know if the trucker that collided with you had been medically cleared and was up to date with their certification.
It does not stop there, though. If there is any medical condition that the driver suffered from, such as diabetes, your lawyer will want to obtain the trucker’s medical records as well. These can reveal what steps the trucker was to take to manage their condition and show whether there was a history of noncompliance with those steps.
Logbooks of the Trucker
Truck drivers must maintain detailed and accurate records of their driving time. This is because federal laws require truck drivers to stop driving and rest periodically before continuing on their way. These times are to be recorded in an electronic or handwritten logbook.
However, truckers and trucking companies have great incentive to skirt these requirements when they can. Truckers do not make money while they are resting, so there is motivation to falsify logbooks or drive when they should be resting.
Records of the time spent on the road can suggest if the trucker was too drowsy to be behind the wheel.
An Experienced Tractor-Trailer Accident Attorney Helps Build Your Case
There are other items of discovery your attorney will want to look at, such as the rig’s maintenance records and the trucker’s employment records. The truck may also have an electronic data module, which is a treasure trove of information about how the vehicle was being operated just before the crash.
Your tractor-trailer accident attorney from Lowcountry Law, LLC possesses the knowledge and skills to obtain all the necessary records.
If you or a loved one has been injured by a tractor-trailer, call our office right away. Ask to schedule a free, no-obligation case consultation, and let us develop a plan to help you get compensation.