Many lawyers understand trucking cases are different than car wreck cases. An important distinction is between truck accidents between car wrecks is that truck accidents involve significantly more work than car wrecks. As an overview guide, here is a checklist of items to accomplish before a case can be ready for trial and does not even include those items required for a lawyer to do at trial:
INVESTIGATION AND WORKUP
- (Checklist/Flowsheet for case workup)
1. Intake and merit review
- Initial client interview -the single most underutilized resource is your No one knows the facts of the case better. Know your client. Spend time with him or her.
- Assess facts and determine whether case needs further investigation before agreeing to represent the client.
- Obtain personal and biographical information (see intake form attached).
- Determine if there are other beneficiaries or necessary parties (hire counsel open probate or conservatorship, if necessary).
- Client sign
- Client sign authorizations to obtain:
- Medical records
- Employment records
- Tax records
- Medicare or Medicaid forms (where applicable)
- Social security records (where applicable)
- Send client basic discovery question form to expedite responses after service of
- Identify potential defendants and holder of certificate of authority with Federal Motor Carrier Safety Administration (available on https://safer.fmcsa.dot.gov/CompanySnapshot.aspx)
- Send formal letter of request for preservation to trucking company and/or driver and verify receipt via certified and or move court for order of preservation.
- Secure client’s vehicle preserves (communicate with insurance company and tow or salvage yard to preserve).
- Send letters of representation to all potential defendants/insurance carriers
- Order police report and Critical Incident Response Team (CIRT) report, when
- Order data from CIRT team
- Order medical records and/or death certificate
- Staff calendar to order updated records upon completion of treatment
- Staff calendar to check with client as to any additional medical providers
2. Research potential defendants
- Obtain company snapshot and SMS reports on trucking company from safersys.org
- Send FOIA request on trucking company to Federal Motor Carrier Safety Administration and calendar for follow-up
- Visit scene of collision
- Obtain photographs of collision scene as soon as possible (you may want to hire a professional photographer or videographer)
- Survey accident scene for potential video cameras including any surrounding businesses and preserve footage
- Interview potential witnesses including officers and motorists
- Retain accident reconstructionist
- Retain other liability and damages experts where indicated (e.g., trucking safety expert, conspicuity expert, vocational rehabilitation, economist, psychiatrist, )
- Retain professional to download Event Data Recorder Data
- Notify potential defendants of intent to download Event Data
- Recorder (EDR) data from vehicles involved in wreck
- Request mutual inspection dates of truck and vehicles involved in wreck
- Obtain Event Data Recorder information from all vehicles
- Attend truck inspection
- Obtain photographs of truck, including interior and exterior and pay close attention to any items in truck that may indicate underlying cause (presence of stimulants, distractions, computers, etc.)
- Identify all potential claims for relief to prepare complaint and whether punitive damages claim may be warranted
- Conduct preliminary focus group to determine what issues need to be explored in discovery and potential trial themes (See Appendix)
- Prepare summonses and initial discovery to serve with complaint on trucking company and driver (See Appendix)
- Consider first focus group to frame discovery issues and see what questions a potential juror would have
3. Litigation and Formal Discovery
- File and serve complaint (See Appendix)
- Calendar response time
- Review answer and assess necessity of filing
- 02 Motion to Strike all improper defenses
- Review defendants’ discovery responses and deficiencies
- Serve good faith discovery dispute letter and follow-up with teleconference, if necessary
- File motion if discovery dispute is unresolved and document all efforts to confer prior to filing
- Issue subpoenas for driver cell-phone records after obtaining provider and number through discovery
- Issue subpoenas for date from other third party providers (e.g. QUALCOMM, People Net, )
- Schedule depositions of driver and 30(b)(6) Corporate Director of Safety
- Offer dates for defense to depose client
- Send email/letter to client advising of deposition dates after confirming availability
- Schedule and meet with client for preparation for deposition and determine if expert is needed for client preparation
- Schedule second session, if necessary, for deposition preparation File and serve 30(b)(6) notice of deposition and driver notice, including Duces Tetum requests 30 days in advance for production of any additional documents
- Make travel arrangements and secure court reporter and videographer for deposition (videotape key depositions for use at trial)
- Assess demand viability and submit formal demand, if warranted Calendar response
- Identify additional deponents (troopers, witnesses, corporate executives)
- Set medical proof
- Send imaging studies to medical illustrator for production of demonstrative aids in medical deposition(s)
- Collect all outstanding necessary charges and records
- Create summary of charges for use in deposition
- Update witness and exhibit list -file early and revise often
4. PretrialÂ
- Move for trial date if not already set
- Identify and draft pre-trial motions and motions in limine
- Respond to any pre-trial and/or dispositive motions filed by defense
- Conduct more extensive focus group/trial presentation and refine trial themes
- Secure witness attendance at trial and issue subpoenas
- Finalize and serve witness and exhibit lists
- Secure lodging for trial
