Deposition Most Important Part Of Ohio Truck Accident Litigation
After a serious Ohio semi-truck accident, it can be difficult to determine not only exactly what happened but why the accident happened. Accident reconstruction, witness reports, and police reports will all help determine the facts surround the accident, but it is the deposition of the truck driver that will help determine liability and why the crash happened the way it did.
That is why it is so important that your Toledo Ohio truck accident lawyer knows exactly how the deposition of a truck driver should be handled. He or she should be prepared to find out things like the following:
– How much sleep did the truck get the night before and how much sleep does he typically get each night?
– What type of load was being transported and was it overweight?
– Does the truck driver keep an accurate record of his mileage and drive times?
– What is his driving record like?
Want to make sure you hire an attorney who is aware of the right questions to ask? Call us or fill out our online form to the right.
Trucker depositions are so important, in fact, that major legal publications write about the subject regularly.
The following is an excerpt from American Trial Lawyer on the successful deposition of a professional truck driver after a serious accident:
“The deposition of the professional truck driver in a truck crash is one of the most vitally important phases of the entire litigation. The outcome of this deposition is often the single most important aspect of the plaintiff’s prosecution of any interstate trucking case.
It is absolutely crucial to the success of the case for the plaintiff that this deposition, above all others, be conducted by counsel experienced and knowledgeable in all aspects of interstate trucking litigation. The results of this deposition will often significantly influence not only the outcome of the case, but the size of the recovery, and the award of punitive damages. Do not bring a knife to a gunfight; if you do, you and your client will pay the price.
In each of these important depositions, if the plaintiff’s attorney does not utilize an extensive knowledge of the Federal Motor Carrier Safety Regulations, call upon all of his/her trial skills and resources, and spend several days – not hours – preparing for these extremely vital depositions, conducting them with the very highest degree creativity, skill, advocacy and knowledge, the adverse results to the plaintiff’s case can be, and most likely will be, catastrophic. Here is where you can win or lose the battle of credibility with the jury; where vital points will be made or missed; where punitive damages are firmly established, or lost, and where the tone of the entire case is established.”