The Federal Motor Carrier Safety Administration reports that in 2015 there 143,124 large truck crashes in the United States. Many of these crashes resulted in substantial property damage, serious physical injuries and sometimes even fatalities. The Texas Department of Transportation’s investigation demonstrates that 17,011 incapacitating injuries occurred in 2015 in Texas due to motor vehicle collisions. Fortunately, many of these accidents victims were able to claim damages against the responsible parties. Much of the testimony that is gathered during the litigation of commercial motor vehicles accidents involves depositions. The term deposition refers to a period before trial when out-of-court testimonies of witnesses are recorded for later use in court. This article will examine the critical role that depositions plays in determining how a commercial motor vehicle accident cases is decided.
Issues Raised During Depositions
There are many important issues that are addressed during the deposition of a tuck accident of a witness including the witnesses’ location at the time of the accident in addition to the mental and physical conditions during the accident and any potential biases. The parties involved in the accident should expect several important questions to be asked.
- Accident Details. Parties will be asked exactly how the accident occurred. These accounts may later than be used in an effort to impeach the witness.
- Background Information. All depositions victims will be asked various information including birth date, educational background, and work history to gain an understanding of the individual’s background.
- Commercial Truck Driver Information. Accident victim’s need a skilled attorney who knows exactly what questions to ask a commercial truck driver during deposition. 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 accurate logs of the trips, and details concerning the driver’s history.
- Prior Injuries. Lawyers will try to assess whether either party that was involved in the collision experienced any injuries prior to the accident.
Parties That Are Often Deposed During a Deposition
Numerous parties that might be subject to depositions include the following:
- Accident Victim. These victims are often deposed because the victims have first hand knowledge of how the accident occurred.
- Fact Witnesses. This category includes witnesses who saw but were not directly involved in the accident.
- Truck Drivers. Commercial truck drivers are sometimes depositioned because these commercial drivers were directly involved in the accident. Depositions often provide an excellent opportunity to see how truck drivers will respond to the available evidence concerning the collision.
- Trucking Companies and Employment. Trucking companies often have a good idea of the commercial truck driver’s driving patterns in addition to knowing whether the commercial truck driver was punished for the accident.
If you or a loved one has been injured in an accident involving a commercial motor vehicle, contact our law firm. Call 409-838-1000 or email our lawyers to schedule your free initial consultation.