There are some standard questions that are used to identify the age and experience of the truck driver, but there also are three vital questions that can shed a more. When a truck driver needs interpreters for deposition, the company has a big problem. Triples a rig consisting of tractor and three trailers. A transcript of a sample automobile accident deposition.
Introduction experienced auto litigators often give short shrift to the taking of the defendant driver s deposition because they have done dozens or even hundreds of them. And remember, its not just a truck driver who can land himself in hot water by asking for an interpreter during a deposition. Sample car accident defendants deposition maryland. The collision of may 22, 2007 involving the vehicles operated by plaintiff and defendant driver, including the reason for defendant driver s use of a car on the day of the collision, observations at the scene, statements made by any party or witness, the identify of any witnesses and any photographs of any person or thing involved in the collision.
Taking the truck driver and safety director depositions. Remedies when evidence is destroyed in truck accident cases by ronald v. Georgia court of appeals affirms plaintiffs choice of. A motor vehicle accident deposition checklist for deposing the driver is a basic weapon in any litigators amory.
The official accident report can also provide some solid evidence that could be very helpful in establishing negligence as well, but probably the most important part of the evidence compilation is the actual deposition by the truck driver. The defendant was backing up into a parking spot when he backed. Mar 31, 2011 taking the deposition of the truck driver and safety director buck rogers. The most recent edition features a complete deposition of a defendantdriver in an auto collision case.
Some attorneys dont even take the defendants deposition when liability is admitted or when liability is not admitted but beyond doubt. Some of the questions an experienced lawyer will ask are whether the commercial truck driver was properly arrested, what type of load was being transported, whether the driver kept. Remedies when evidence is destroyed in truck accident cases. For the defendant, while this deposition can contain a minefield of fair and unfair questions, it is also an opportunity to showcase the trucking. But a series of questions regarding the driver s medical condition or recent food and beverage purchases can determine whether or not he was operating a commercial truck while ill or fatigued. The webinar, by strafford publications, will include interactive questions and answers with some of the top truck accident lawyers in the u. Copies of the driver s signed receipt for any materials, brochures, books, policies, standards, safety matters, or other written material provided by the defendant rolfes to defendant dughly. Remember that video and audio recordings can be very powerful in a fatal or other catastrophic injury crash. And more than 20 new sections with practical tips on such topics as. Another way to look at it is to say that, early on in the case, we depose the defendant truck driver and his coworkers, witnesses to the accident, and expert witnesses who can testify about technical matters. Copies of all driver s licenses and truck driver certifications which defendant dughly possesses currently and did possess on the date of the incident.
Obviously, a truck driver will never tell you he was too fatigued to have been behind the wheel during his deposition. Drive the scene and make photographs from the various angles of the respective vehicles. Sample written discovery in truck accident litigation. Typical deposition questions in a car accident case. Louis university law journaland received american jurisprudence awards in contracts, property and evidence. How depositions work in a car accident case alllaw. Jan 24, 20 tricky deposition questions the following are a list of tricky questions often used in depositions. The department of transportation and federal motor carrier safety administration require that truck drivers be able to read and speak english well enough to communicate with the general public, to understand road. But a series of questions regarding the driver s medical condition or recent food and beverage purchases can determine whether or not he was operating a commercial truck. Now when youre actually in the deposition with the defendant, with the truck driver, the idea is to show that they, that its fair to hold them to a standard of being a professional. Truck driver under control of defendant, deposition checklist. A recent survey states that 20 percent of truck drivers nationwide admitted to. A particular defense message will be case specific, but it will always involve the position that a defendant acted reasonably.
The plaintiff filed suit against a trucking company for the wrongful death of her daughter caused by a commercial truck driver in bibb county, georgia. Did you ever or how many times did you administer this driver improvement program to clients over the years. Jun 27, 2006 remedies when evidence is destroyed in truck accident cases by ronald v. The trucking wreck had occurred in bibb county which encompasses macon, but the defendant trucking company had its registered agent and principal place of business in jeff davis county. Did you have any conditions before the accident that you contend were aggravated made worse by the accident. Nov 17, 2016 that is why it is so important to contact an attorney as soon as possible. Other than hiring a private investigator to delve into the witnesss past, the deposition is the most effective tool in the lawyers arsenal. Remember, theres more to taking a deposition than impeachment. Plaintiff notices the deposition of the corporate safety representative to delve into all of these issues. Sep 10, 2019 this cle webinar will prepare personal injury attorneys representing victims in trucking injury cases to depose truck drivers and trucking company representatives.
The deposition of the trucking company safety representative. What injuries do you claim that this accident caused. How to nab the tired trucker in a deposition michigan auto law. In this truck accident case, jeb butler traveled to new york to take the deposition of the trucking companys safety director. Our attorneys specialize in truck accident claims and have published a book, understanding motor carrier claims, as a resource for other truck accident. What doctors and other health care providers have you seen for treatment of your injuries. Sample request for production of documents to truck owner. Deposing the defendant or the driver of the other vehicle in an auto accident case will reveal some very important information that can be used during the trial. Plaintiffs notice of depositions of driver and corporate. Evan schaeffer is a 1990 magna cum laude graduate of st. Everything inside of the tractor, including any clues indicative of driver distraction or fatigue j.
For personal injury attorneys representing victims in trucking accident cases, the depositions of the truck driver and trucking company representatives are among the most significant events in the case. Oct 23, 2014 but, more often, they are only deposed to provide more of a victim impact statement. Deposition most important part of ohio truck accident. Did you have any conversation with your wife about the fire truck before the. This checklist is designed for either a plaintiffs attorney taking the deposition of the truck driver or the defendant companys executive for the purpose of establishing that the company was in control of the driver at the time of the mva. Sample notice of deposition of truck driver maryland trucking accident lawyer. In negligence cases, a jury is supposed to decide if a defendant acted reasonably. However, the way the deposition will go, will largely depend on the circumstances and personality of the driver. Another example of defendant s game playing is found in. Tricky deposition questions the following are a list of tricky questions often used in depositions. One of the prime reasons to spend the time and money to depose an adverse witness is to gather impeachment material. Introduction experienced auto litigators often give short shrift to the taking of the defendant drivers deposition because they have done dozens or even hundreds of them. During this time, both parties typically conduct their depositions.
Deposition checklists and strategies james publishing. After a plaintiff files suit against a defendant and the defendant submits an answer to the court, both parties have the right to conduct discovery. List of names, addresses, and telephone numbers of other defendant drivers who have been terminated within the last 5 years. The written discovery, especially the defendant s answers to your interrogatories. Checklist deposition of truck driver to show company control of. The deposition of the professional truck driver in a truck crash is one of the most vitally important phases of the entire litigation. At the time of the accident, roe driver was operating his truck driving business as a sole proprietorship. The following is an excerpt from american trial lawyer on the successful deposition of a professional truck driver after a serious accident. Plaintiff notices the deposition of the corporate safety representative to. Think about it if a truck driver has to be proficient in english such that he can respond to official inquiries, how in the world can that same trucker be in compliance with 391. Reflective materials or lights on tractors and trailers i. But theres a reason that there are so many lawyers.
Driver client or adverse deposition checklist lawyer. Comprehensive, page, motor vehicle accident car, truck, pedestrian checklist for the deposition of the driver yours or theirs. Copies of all videos and training aids used by the defendant in training their drivers regarding the consequences of driver fatigue while operating a truck. The trucking company states that the driver was fully vetted and properly trained, and that the companys hiring and training policies are not only consistent with the federal requirements, but are the best in the industry. Yesterday i took the deposition of the defendant truck driver in a crash that occurred on north point road near its intersection with quail avenue in baltimore, maryland. Deposing truck drivers in injury cases cle webinar strafford. Deposition of the driver in car accident case sample. Effective questioning of truck drivers can reveal a driver s medical state, whether he or she was fatigued, and whether the driver was familiar with and complied with federal safety. Deposing truck drivers and trucking company representatives. Accident victims need a skilled attorney who knows exactly what questions to ask a commercial truck driver during deposition. The written discovery, especially the defendants answers to your interrogatories. The victim parked his car, got out of his car, and was hit by the defendant who is deposed below who never saw him. May 21, 2016 to get to the truth and to discover all of the safety violations that have occurred, a truck accident attorney has to start at the beginning.
So the deposition is a really good chance to display to them the evidence we have against them, to which they usually become defensive, indignant, or. Makemodelyear of tractortrailer involved in collision. Sample request for production of documents to truck driver. Posted on february 12, 2008 by james sabatini legal strategies, truck accidents. Yet another defendant deposition in an auto tort case. The webinar will discuss best practices for effectively questioning deponents, videotaping driver depositions, using demonstrative exhibits, dealing with difficult drivers or trucking company representatives, and raising and. Discovery is a formal investigation to find out more about the case. How to nab the tired trucker in a deposition michigan.
It would behoove you to pay attention to these tricks before your next deposition. Checklist deposition of truck driver to show company. Louis university school of law, where he was the managing editor of the st. This information may be generated automatically on a trucks on board computer. If the driver admits they did something wrong then theres no need to take the deposition. Sample interrogatories to truck driver maryland trucking accident lawyer. Speaking with the defendant personally is also a great way to ascertain the type of witness he or she will be at trial.
The ones who do cause accidents, however, are usually never willing to admit any wrongdoing. Moreover, it has been our experience that most truck drivers are good people and dont cause accidents. The deposition of the defendantdriver is an important deposition, and you. Mar 16, 2010 obviously, a truck driver will never tell you he was too fatigued to have been behind the wheel during his deposition.
With an experienced attorney taking the deposition, the focus is on how a particular answer can lead to an entirely new set of questions. If the insurance company is covering the liability there are chances the defendant will be honest and straightforward, or. This information may be generated automatically on a truck s on board computer. Our objectives are to find out about the hiring and screening of the employees, more specifically the truck drivers they hire, how the company addresses safety, the process of supervising the truck drivers, and what the company does with the driver logs. And that begins with the deposition of the truck driver. Most attorneys have no real system to prepare for a deposition on the issue of defendants masterservant control of the truck and truck driver involved in a truck accident. This case ultimately settled with geico at a pretrial mediation the set up is a pedestrian fatality case. It is also known in legal circles as an examination before trial. The interrogatories that follow may be used when the provision of alcohol to an offending driver is alleged as a causal factor in bringing about the incident.
Some attorneys dont even take the defendant s deposition when liability is admitted or when liability is not admitted but beyond doubt. Apr 22, 2017 in this truck accident case, jeb butler traveled to new york to take the deposition of the trucking companys safety director. Legal consequences of a nonenglish speaking truck driver. Today i want to share with you some sample questions i would ask during pretrial testimony when i have an opportunity to question the careless driver. The truck accident lawyers at fried goldberg llc serving columbus, macon, augusta, as well as georgia victims statewide are among the most renowned truck accident lawyers in the nation. I recently wrote about the fmcsa regulations governing the hiring of nonenglish speaking drivers in short, a motor carrier shouldnt hire a nonenglish speaking truck driver.
On may 24, ill be leading a 90minute cle webinar called, deposing truck drivers and trucking company representatives in injury cases. Taking the truck driver and safety director depositions youtube. Driver deposition checklist sample lawyer trial forms. You should know that questioning a witness during pretrial testimony is known as a deposition. Now when youre actually in the deposition with the defendant, with the truck driver, the idea is to show that they, that its fair to hold them to a.
Sample notice of deposition of truck driver maryland. Most attorneys have no real system to prepare for a deposition on the issue of defendants masterservant control of the truck and truck driver involved in a truck. Free consultation call 410 2520600 john cord law helps victims and their families receive compensation for their injuries in trucking accident and personal injury cases. Plaintiffs perspective in trucking litigation beasley allen law firm. Mar 03, 2010 plaintiffs notice of depositions of driver and corporate representative. If youre the plaintiff, this is your chance for your attorney to speak to the defendant the other driver and obtain information from him or her regarding the events leading up to the car accident. Deposition of the plaintiff name maiden name married ever married before children where born where grew up graduate from high school any further education any other training or degrees. All documents that may be attached to a trailer or freight container. Its a threehour alcohol and drug education course, and to provide the driver improvement course. But a series of questions regarding the drivers medical condition or recent food and beverage purchases can determine whether or not he was operating a commercial truck while ill or fatigued. This post is a demonstration of our transparency in the way we operate our business. These should go out immediately and be sent to every potential defendant or nonparty that may have important evidence in their possession.
Sample interrogatories to truck driver maryland trucking. As such, the drivers personality and appearance are reflections of the trucking company. Deposing truck drivers and trucking company representatives in injury cases questioning deponents, using demonstrative exhibits, raising and. Interrogatories for proving plaintiffs cause of action jec. Here are some of the pitiful excuses they make in straight forward rear end. Remedies when evidence is destroyed in truck accident. This companys truck had rolled into our client while our client was. Often the testimony offered by the driver sets the tone. A plaintiffs attorney will attempt to replace the vague. Deposition most important part of ohio truck accident litigation. Sample 30b6 deposition list of documents to be produced. When a truck driver needs interpreters for deposition. Notice is hereby given, pursuant to the federal rules of civil procedure, rule 30, that plaintiffs, by and through their attorneys, intend to take the videotaped deposition duces tecum of defendant lee adama on oral examination before a notary public or some other person duly qualified to administer an oath, on. A complete deposition of a defendant driver in an auto collision case.
Sample truck accident interrogatories to truck owner. Truck driver under control of defendant, deposition. Nov 01, 2007 do you have your drivers license with you. Roe driver is a professional truck driver and was the owneroperator of the tractor portion of the big rig that struck and killed john doe. Take down the personal information and, if appropriate, read it into the record. The outcome of this deposition is often the single most important aspect of the plaintiffs prosecution of any interstate trucking case. The following is a potential list of defendants in a truck case. Here are some of the pitiful excuses they make in straight forward rear end cases. Deposing truck drivers in injury cases cle webinar. Why do attorneys take depositions in truck accident cases. Deposition of a defendant truck driver in a truck accident case.
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