This is the next post in my series on the handling of Atlanta, Georgia truck accident cases. My last article discussed how comparative fault impacts the victims of a trucking accident. It is important to understand that one may be able to recover for their injuries even if they were partially to blame for an accident. For this reason, it is vital that you contact a personal injury lawyer even if you believe that you may have been to blame for the wreck. In this article I will discuss another important topic – the need for discovery in such cases. If you or a loved one have been injured then contact my office today to speak with an attorney.
Discovery is how evidence is obtained in Atlanta truck accident cases
Discovery is the process by which information is gained from the other side in a lawsuit. There are several tools by which one’s lawyer may obtain evidence. Interrogatories are written questions which the other side must answer in writing and under oath. Requests for Production can be used to require the other side to produce records, documents, and other tangible items. Depositions allow for a party or witness to be interviewed in the presence of a court reporter. The witness will be under oath and a transcript of their testimony will be generated. Should they attempt to change their testimony at trial then the transcript can be used to demonstrate the inconsistency.
Discovery is vital in Atlanta truck accident cases. A victim can obtain the truck driver’s employment file and driving record. This, in turn, can show whether the employer had reason to believe that the driver posed some sort of a danger to society. Records can also show whether the driver was properly trained and supervised. Moreover, it is possible to obtain the driver’s cell phone records. These records can be used to show whether or not the driver was talking on the phone and/or texting while operating a big rig. These are just a few examples of how evidence can be gathered in order to build the Plaintiff’s case.
It is vital that victims retain an Atlanta truck accident attorney who is experienced in conducting discovery
Discovery is vital to any lawsuit. Contrary to what is portrayed in the media, trials are not won with “surprise” evidence. Any evidence which one wishes to use must be acquired and produced through the discovery process. If you retain counsel who is unfamiliar with this process then you run the risk of having a case which is not fully prepared to go to trial. Experienced counsel will understand the types of issues which need to be identified and fully explored. Also, as such issues are explored, an experienced representative will know what “follow up” questions to ask. I was first admitted to practice law in 1978 and I am experienced in handling discovery in such cases. My firm prides itself on providing quality service and we are ready to assist you. Contact us today to speak with an Atlanta truck accident attorney.
We also service the Fulton County cities of Sandy Springs, Roswell, Johns Creek, Alpharetta, Milton, and East Point, the DeKalb County cities of Dunwoody, Decatur, Brookhaven, Redan, and, the Cobb County cities of Marietta, Smyrna, Mableton, and Kennesaw, the Fayette County cities of Fayetteville and Peachtree, the Hall County city of Gainesville, as well as other areas throughout the state of Georgia.