Discovery is the pretrial phase in which both sides exchange information, documents, and witness testimony to establish what happened in a truck crash. Attorneys collect evidence such as black box data, hours-of-service logs, medical records, and camera footage to reconstruct the sequence of events. Common discovery tools include interrogatories, requests for production, requests for admission, and depositions. Expert witnesses—especially accident-reconstruction engineers—often translate technical evidence into a clear timeline used in settlement talks or at trial.
Understanding the Discovery Process in a Truck Accident Lawsuit: What You Need to Know
Two trucks collided on the highway in Albuquerque, New Mexico. - Kirkam // Shutterstock
When a plaintiff files a lawsuit after a truck crash, the case moves through several stages of litigation. One of the most important is discovery, a pretrial phase in which both sides gather and exchange information, examine documents, and question witnesses to establish the facts and evaluate the strengths and weaknesses of each party’s position.
What Discovery Seeks to Establish
Discovery is used to determine what happened, why it happened, how it happened, and whether the wreck could have been prevented. The goal is to build a clear factual narrative that supports settlement discussions or, if necessary, presentation to a jury.
Common Types of Evidence in Truck Crash Cases
- Hours-of-Service (HOS) logs for the driver
- Cargo manifests and load documentation
- Pre- and post-trip truck inspection records
- Medical records and billing statements for injuries
- Vehicle repair and maintenance histories
- Police and crash investigation reports
- Event Data Recorder ("black box") logs
- Eyewitness statements and driver statements
- Surveillance, traffic-camera, and dashcam footage
- Employment and driving records for the truck driver
- Accident scene photos and videos
Attorneys analyze this evidence to create a timeline, identify causation and liability, and quantify damages. Many firms retain accident-reconstruction engineers and other specialists who apply engineering and scientific methods to re-create the sequence of events using the materials obtained during discovery.
Typical Discovery Tools and Procedures
Interrogatories. Written questions one party sends to another to obtain facts or to lead to the discovery of admissible evidence.
Requests for Production of Documents. Formal written demands for copies of documents, photographs, recordings, and other material relevant to the case.
Requests for Admission. Written requests asking an opposing party to admit or deny specific facts or the authenticity of documents. These narrow disputed issues before trial.
Depositions. Sworn, out-of-court testimony taken under oath from witnesses such as drivers, eyewitnesses, trucking company representatives, healthcare providers, and experts. Depositions allow attorneys to test testimony and preserve statements for trial.
How Discovery Shapes Case Resolution
The discovery phase gives attorneys the information they need to tell the story of the crash to insurers, opposing counsel, mediators, or a jury. It also reveals the extent of injuries and damages and helps identify who may be legally responsible. With discovery complete, parties commonly negotiate or attempt mediation armed with a clearer view of the facts. If settlement is not reached, the case proceeds to trial, where a judge or jury will decide fault and award damages based on the evidence developed during discovery.
Tip: Timely preservation of evidence—such as preserving black box data, obtaining camera footage, and securing maintenance records—can be critical to a successful truck accident claim.
This article was produced by The Callahan Law Firm and reviewed and distributed by Stacker.
