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Legal Discovery: The Truck Driver

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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) 968-1001. 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.

Legally Reviewed By

Written By

Steve M. Gursten,
Attorney, License#: P53632

Nationally recognized trial attorney Steven Gursten has recovered the largest ever car accident settlement of any Michigan lawyer or law firm. For 14 straight years, he has been voted by Super Lawyers among the top 50 lawyers in the entire state of Michigan, out of over 65,000 Michigan lawyers. Steve was named a Michigan “Go To Lawyer” for Negligence Law by Michigan Lawyers Weekly.

Steve serves in leadership roles for the American Association for Justice Trucking Litigation Group and the AAJ Distracted Driving Litigation Group. For more than 30 years, Steve has devoted his practice exclusively to helping people injured in car, truck, and motorcycle accidents.

View attorney Steven Gursten's Full bio.

Legally Reviewed by Todd Berg, Attorney

Steve M. Gursten, Attorney

This article is for informational purposes only and does not constitute legal advice. See our Community Guidelines.

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