Lawsuits can be complicated with many moving parts and legal complexities to deal with. One of these complexities is known as the discovery process and it is used for evidence gathering and requires parties to a lawsuit to do things such as produce documents such as a person’s safety record and driver’s employment application, attend depositions, and allow inspections.
While examples can easily be found online, the discovery process is complex and having a skilled Fort Lee truck accident lawyer to support your truck accident claim can be essential.
Understanding Legal Discovery
Legal discovery is a process that allows all parties in a lawsuit to gather evidence from the opposing parties. In federal court, the discovery process is governed by the Federal Rules of Civil Procedure and state-specific rules of civil procedure in state courts.
A notice or request to produce a document (RPD) is one of the most common requests in discovery and a RPD trucking accident notice can encompass a wide range of document requests related to an accident such as fuel receipts and DOT inspection reports. Other common forms of discovery include the use of a deposition, interrogatories, and requests for inspections.
What Is Discovery in a Legal Case?
As previously mentioned, discovery in a legal case are requests for information from parties engaged in the legal case and a sample request for production of documents is easily found online. Responses to discovery are not voluntary and must be complied with unless there is a legitimate objection to a request.
Purpose of Discovery in Truck Accident Cases
Discovery allows parties to a lawsuit the opportunity to gather evidence to prove things such as negligence, causation, breach of duty, and other legal claims or defenses. In the context of a truck accident case, this can help the plaintiff uncover aspects of the accident, truck driver and trucking company such as driving record, vehicle maintenance records, bills of lading information, and electronic control module data. Truck accident lawsuit documents can show things such as employment records and safety policies that may show violations of federal trucking regulations.
Discovery can also be used to get insurance information and facilitate settlement negotiations because each side gets a good picture of the other side’s case and can determine that they are likely to lose at trial, so mediation or settlement using a truck driver settlement sheet template is a better option. If not, it is essential for trial preparation and the trial process.
The Role of a Notice to Produce Documents
A notice to produce documents is a formal written request to another party in a lawsuit asking the party to produce specific trucking documents, written statements, or tangible items for copying and inspection. A notice to produce in truck accident cases can include a variety of things including emails, training records, accident scene photos, financial records, electronic data, cell phone records and other cellular records, the employee handbook, and more.
A party is required to produce these documents unless they do not exist or there is a legitimate objection to a request. The purpose of a notice to produce is to facilitate the exchange of evidence between the parties and can be essential in truck accident evidence collection for a liability determination.
Common Documents Requested in Truck Accident Cases
Document requests are incredibly common in truck accident cases and some of the most common request for production of documents truck accident cases include:
- Medical Records – these are commonly requested by the defense to determine the extent of a person’s injuries and will be used in the damage’s calculation and can include insurance coverage and other medical documentation. Employment history and payroll records can also be used in damages calculations.
- Accident Reports – these can include police reports or accident reports or an accident reconstruction as long as these are not protected by attorney-client privilege.
- Witness Statements – these statements can provide valuable insight such as if the truck driver or another driver engaged in unsafe driving practices.
- Trucking Company Records – these can include a lot of different types of documents including driver logs, vehicle inspection records, personnel file of the truck driver, hours of service logs, cargo loading records, maintenance records, contractual agreements such as lease agreements, criminal background checks, and even training materials and safety manuals.
- Electronic Information –this can include information from the truck or other vehicle such as GPS records and GPS data, black box data, and electronic logging device (ELD) data. A request may also be for non-tangible data such as video surveillance footage and digital photographs.
Importance of These Documents in Establishing Fault
Documents received through the discovery process can be essential in establishing fault in the truck accident claim process. These documents can be used to prove that a truck driver was negligent or reckless, such as through the use of drug testing and alcohol testing.
The importance of document production in truck accidents also extends to violations of Federal Motor Carrier Safety Administration (FMCSA) regulations by the driver or the trucking company such as hours of service violations or other trucking company policies.
Who Can Issue a Notice to Produce?
A notice to produce can be issued by attorneys representing any of the plaintiffs or any of the defendants but the role of document production can be different depending on whether or not they are issued by the plaintiff or defendant side.
Plaintiff’s Role
The plaintiff uses a notice to produce under rule 34 of the federal rules of civil procedure to get documents from the defendant that can be used to show things such as a breach of duty of care, negligence, or fault of the defendant. This can be used to encourage settlement discussions or to prove liability in court.
Defendant’s Rights
Defendants also have a right to issue notices to produce under truckers rule 34 and may use this in the discovery phase truck accident lawsuit to prove things like comparative negligence or that the plaintiff has a bad driving history. Defendants may also object to requests if there is a legitimate reason.
How the Notice to Produce Is Served
A notice to produce is typically served via a request for production on a party’s attorney, whether that be a plaintiff or a defendant. If a party is not represented by an attorney, it can be served on the party personally, via mail, or by electronic means, if the parties agree to this in things like pre-trial motions. For non-parties to the lawsuit, a notice to produce can be served along with a subpoena duces tecum which can be part of the legal process for obtaining truck accident records.
Deadlines and Legal Requirements
In federal cases, a party generally has 30 days to respond in writing to a notice to produce and produce the documents or state that it will produce the documents. A request must describe the documents or category of documents with reasonable specificity and a party may object to a request if there is a legitimate reason for doing so.
What Happens If the Other Party Refuses to Comply?
The importance of document production in truck accidents claims cannot be understated so if a party refuses to comply with a notice of produce, a lawyer can file a motion to compel discovery with the court. If the motion is granted, the court will enter an order compelling the party to produce the documents and if they continue to fail to comply, the court can hold them in contempt.
How Lawyers Use These Documents in Litigation
During litigation, attorneys use documents produced in discovery to support their case or defenses. Plaintiff’s attorneys can use these documents to prove that a defendant was negligent, reckless, and ultimately liable in a truck accident lawsuit while defense attorneys will often use expert witness documentation and expert witness testimony to defend against liability and potentially show the plaintiff was comparatively negligent.
The legal team at Omni Injury & Accident Law are experts in the discovery process and can help those injured in trucking accidents pursue their claims all the way through verdicts and appeals, if necessary. Omni uses these documents to work with insurance companies on trucking settlement sheets to get you the compensation you’re entitled to or file a claim in court, if necessary. Omni knows all of the mistakes to avoid after a truck accident and will pursue your claim with vigor. Contact Omni Law today to set up a free consultation.