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How to depose a sick or tired trucker after a truck accident

Rule 7 of “Big 10 Rules of the Road”

  • Presented By: Steven M. Gursten
  • Description: This is the eighth of a series of 13 videos for truck accident attorneys, on handling truck crash cases. In this video, Steve Gursten shares Rule 7 of his “Big 10 Rules of the Road” during the American Association for Justice Interstate Truck Litigation Group conference. Rule 7 stresses the importance of catching a truck driver who was ill or fatigued at the time of the truck accident, whether it be through the deposition or by inspecting the cab of the truck.
  • Length: 1 minute, 20 seconds.

Video Transcript:

Slide: Ill or Fatigued Driver

A. Be prepared to ask the following in the driver dep:

  • What did you eat in the last 48 hours?
  • Did you experience stomach issues?
  • Did you pull off the road?
  • How long did you wait before returning to driving?

B. Inspect cab of truck

C. What empty prescriptions, energy drinks, coffee cups, etc. can you find?

The ill or fatigued driver. Basically, a driver cannot drive a truck if he’s ill, or if it’s unsafe to drive — if it’s unsafe for him to do so. As my friend from Indianapolis was just saying about those pictures in the cab (of the truck), all I can tell you is this: You really, really want to get out there and investigate, inspect, and especially take pictures of these cabs of these trucks, because there’s gold there. You will be absolutely amazed at what you find. So I really encourage you to do this in all of your cases where the opportunity arises, because you will be amazed. And amazed is probably a bad word; you will be horrified at what you find in some of these cabs when you start inspecting them and photographing them.

How our truck accident attorneys can help you

If you’re a lawyer and you need help with a truck accident lawsuit, read our online guide, Help for attorneys handling truck accident cases. For more information, here’s a blog on how to nab the tired trucker in a deposition.

If you’ve been in an accident, call (800) 968-1001 to speak with one of our truck accident attorneys today. There is no cost or obligation, and we can answer all of your questions.