This is the next post in our series on the handling of Fort Worth, Texas motorcycle accident cases. Our last article discussed the process of dealing with insurance adjusters after a motorcycle accident. Victims who have suffered serious injuries should be aware that a large amount of time may pass before a settlement demand can be made. This is due to the fact that the victim’s long-term prognosis must first be ascertained. An experienced personal injury lawyer, with the resources necessary to handle such matters, can take steps to ensure that your case is handled properly. In this article we will discuss the need for your attorney to conduct discovery in such matters. If you or a loved one have been injured then it is important that you contact counsel immediately.
We have previously discussed the importance of discovery in trucking accident cases. The process’ tools for gathering evidence may also be used in matters involving a motorcycle wreck. Interrogatories may be used to mandate that the other side provide detailed written answers to written questions. Requests for Production may be used to acquire documents, records, and physical objects. Depositions may be used to require the defendant or third-parties to appear for an interview and to answer questions, under oath, in the presence of a court reporter. Finally, subpoenas may be used to acquire documents or other records from third-parties.
Evidence which can be collected, through the discovery process, is vital to establishing a defendant’s liability. Say a motorcycle rider changes lanes without signaling and is hit by a car. At first glance, it may appear that the rider was completely at fault. Now suppose that the driver of the car was texting while driving and not paying attention to the road. Also, suppose that an accident reconstructionist can show that, if the driver had been paying attention, they would have had time to slow down and could have avoided hitting the driver. Such evidence may result in the rider being able to recover a portion of their damages under our state’s comparative fault laws. The discovery process is what would allow the victim to gain the driver’s phone records and to show that they were using their phone while operating their vehicle. This is just one example of how discovery can be used to gain vital evidence. It is important to remember that how the jury will rule in any given matter is always going to depend on the specific facts of the case.
If you have been the victim of another’s negligence then it is important that you retain a Fort Worth motorcycle accident attorney as soon as possible. When selecting counsel, we suggest that you retain a firm which employs an on-staff investigator, which employs multiple attorneys who are also Board Certified in Personal Injury Law by the Texas Board of Legal Specialization, and which is selective in the number of cases it handles. No two cases are the same and by retaining a firm, which possesses these qualities, you can help to ensure that your case is handled properly.