This is the next article in our series on the handling of Hartford, Connecticut truck accident cases. Our last article discussed how comparative fault applies to a trucking accident matter. It is important for victims to understand that they may still be able to recover damages even if they were partially at fault for the incident. Claims of comparative fault can involve complicated legal issues. It is therefore important that you retain a personal injury attorney who is experienced in handling such matters. In this article we will discuss the importance of discovery in these types of matters. If you or a loved one are in need of assistance, then contact our office today to speak with a lawyer.
Discovery is the process by which information is gained from the other side in a lawsuit. The process provides multiple tools for obtaining such information. Interrogatories are written questions to which the other side must provide written answers. Requests for Production can be used to require the provision of documents, records, and other tangible objects. Depositions may be used to interview witnesses in the presence of a court reporter. Such witnesses will be under oath and a transcript of their testimony will be generated. Finally, subpoenas can be used to acquire records and items from third-parties.
There are many uses for discovery in a trucking accident case. The process, for example, can be used to acquire the truck driver’s employment file from his or her employer. This employment file can show whether the driver had a history of problems or other issues which may have given the employer cause for concern. Also, the discovery process may be used to acquire company manuals, memoranda, and other documents which state the employer’s policies (or lack thereof) for training drivers and ensuring that they obey proper safety protocols. This type of evidence may very well give rise to a claim of negligent hiring and supervision by the employer. These are just a few examples of how discovery can be used in these types of cases.
It is important to understand that discovery is a complicated process. If the requests for information are overly broad, or not presented in an appropriate way, then the defendants may not be required to provide answers. When conducting discovery, it is therefore vital that you retain a personal injury lawyer who is versed in this process as well as the rules of civil procedure. Failing to do so may mean that you will go without needed evidence at the time of trial. Remember, contrary to what is displayed in popular media, trials are not won with last minute “surprise” evidence. Instead, they are won with evidence that is methodically collected through the discovery process.
If you or a loved one have been injured, then contact our office today to speak with a Hartford truck accident attorney. Our firm has been serving the larger area for decades and we take pride in the results we have obtained for our clients. We are ready to assist you. We also service the areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.