The discovery phase of civil trials, including truck accident lawsuits, is a pre-trial process in which each side exchanges pertinent information about the case, such as the plaintiff’s medical records, witness statements, and other documents, like police accident reports or the truck driver’s personnel records.
There are specific rules for the discovery process in California; truck accident attorneys may get into legal trouble for hiding evidence. Don’t expect dramatic moments like you’d see on Law & Order, where one side reveals surprise evidence to win the day. Instead, discovery is a vital part of building a strong case.
Our California truck accident attorneys view discovery as a vital means to gather evidence to help bolster our case. Although each claim has unique characteristics, you can expect the discovery process to unfold much like this:
Legally speaking, what is discovery in truck accident cases?
The California Code of Civil Procedure defines discovery as the right of each of the parties involved to obtain “discovery” of all relevant matters in the pending action, including matters that could reasonably lead to the discovery of admissible evidence. Discovery applies to both the defense and the claim of the respective parties in the action. It may include the identity and location of persons with knowledge of the matter and tangible information regarding the discoverable matter.
Essentially, discovery is the case’s who, what, and where. The plaintiff’s and defendant’s legal teams gather and exchange evidence so that each side understands what information can and will be presented if the case goes to trial.
As the discovery process proceeds, each side can better evaluate the relative strengths and weaknesses of their case and their opponents. Sometimes, a settlement may be reached, as one side realizes that their case isn’t as solid as they initially thought and that a trial is unlikely to end favorably for them.
What kind of information is exchanged in discovery for trucking accident cases?
The plaintiff’s goal is to establish that they were injured in the truck accident and that the truck driver’s negligence caused it. The defendant (the truck driver and often the trucking company) seeks to prove that they are not liable for the plaintiff’s damages.
Evidence uncovered in truck accident claim discovery can include:
- The police accident report
- Eyewitness accounts
- Surveillance and dashcam videos of the collision happening
- Photos of the scene, including the plaintiff’s injuries
- The truck’s “black box” data recorder information
- Cell phone data from both parties
- Safety inspection records of the rig
- Hours of service and other truck driver logs
- Cargo manifests
- Plaintiff’s medical bills and post-accident medical records
- Plaintiff’s pay stubs (supporting their claim for lost wages)
- Property repair or replacement receipts (like an auto body estimate)
And any other relevant evidence, reports, documents, and persons.
Legal tools for obtaining information in discovery
Plaintiffs’ attorneys have considerable power to compel the defense to turn over evidence, and often, it takes legal intervention to prevent certain pieces of evidence from being lost or destroyed.
Depositions, for example, are sworn witness testimony and may be used to compel a reluctant witness to tell the truth. The information in the deposition can point your lawyer in the right direction to gather material evidence and direct their witness questioning and counter-examination at trial.
Not only is discovery a vital part of case-building, but it may also help bring about a settlement, especially if the defendant realizes that there is considerable evidence establishing their liability.
If you have been injured in a truck collision, contact Ernst Law Group at (805) 541-0300 for a free consultation.
