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Legal Discovery: The Truck Driver

6 Steps to Comprehensive Discovery on the Trucker

Thorough legal discovery is critical to the ultimate success of a truck accident case. Legal discovery in most commercial truck accident cases begins with the truck driver, who is often the key to your lawsuit.

It’s important to look deeper than the circumstances surrounding the crash itself. Here are some steps for truck attorneys to follow when looking into the truck driver:

  1. Examine the truck driver’s employment records.
  2. Analyze the driver’s training.
  3. Establish the degree of the driver’s knowledge of the law.
  4. Inquire into the driver’s medical history and current medications.
  5. Request copies of photos and incident reports.
  6. Look into the trucker’s personal information.

Examine the truck driver’s employment records.

Look at the reasons he or she left each prior job.

Analyze the driver’s training.

Focus on the training received under the current employer. Also, focus on the training as it relates to the cause of the Michigan truck accident. For example, if the accident was caused by an improper turn, the trucker should be questioned about turning.

Establish the degree of the driver’s knowledge of the law.

The driver should know the Federal Motor Carrier Safety Administration rules, which govern the trucking industry.

Inquire into the driver’s medical history and current medications.

Many truck drivers still get behind the wheel, despite having disabilities and taking strong medications that alter their performance.

Request copies of photos and incident reports.

Truck drivers often keep cameras in the cab to take pictures of a truck accident scene. If photos were taken, request copies. Also ask whether the trucker completed an incident and offense report that’s used internally by the trucking company.

Look into the trucker’s personal information.

Attorneys often overlook the truck driver’s personal information. For example, what is the driver’s nickname or handle? This can be useful if the truck driver is called “Speed Demon” (actual case), “Death Dealer” or “The Hammer.” This helps when a trucking company refuses to admit responsibility during trial and the insurance company lawyers are trying to explain that “Speed Demon” didn’t really cause the crash that killed your client.

Here’s a list of discovery documents you can request.

Speak with a truck lawyer today

For help from one of our attorneys now, call Michigan Auto Law at (800) 777-0028. There’s no fee or obligation.

For more information on how Michigan Auto Law can help you, take a look at testimonials from other truck accident victims. You can also read about our truck lawyer qualifications and our 100 percent client satisfaction guarantee.

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