What Injury Victims Need to Know About Discovery In Car Wreck Cases
If you have been injured in a car wreck in Texas and filed a lawsuit, or are considering filing one, understanding the discovery process is critical to the success of your case. Discovery is the phase of litigation where both sides gather and exchange evidence, and how well your attorney handles discovery can make the difference between a strong settlement and a disappointing outcome. At Corbett & Corbett LLP we have helped car accident victims throughout Dallas and Texas navigate the discovery process and fight for the compensation they deserve.
What Is Discovery in a Car Wreck Case?
Discovery is the formal legal process by which both parties in a lawsuit gather evidence, exchange information, and establish the facts of the case before trial. In a Texas car wreck lawsuit, discovery allows your attorney to obtain crucial information from the defendant, the insurance company, and other relevant parties that can prove liability and the full extent of your damages.
Discovery serves several important purposes. It ensures both sides understand the evidence the other is holding before trial. It encourages settlement by removing the element of surprise. And it prevents either side from introducing evidence at trial that was not disclosed during the discovery process. Under Texas law, evidence not properly disclosed during discovery typically cannot be used at trial.
When Does Discovery Begin in a Texas Car Wreck Case?
Discovery begins after a lawsuit is filed. In Texas, car accident victims generally have two years from the date of the accident to file a personal injury lawsuit under the statute of limitations. Once the lawsuit is filed in the appropriate state or county court, the discovery process can begin and typically lasts several months depending on the complexity of the case.
It is important to note that most Texas car wreck cases are resolved through out of court settlements between the injured party and the insurance company before or during the discovery process. However having an experienced attorney who conducts thorough discovery significantly strengthens your negotiating position and can result in a substantially higher settlement offer.
The Five Methods of Discovery in Texas Car Wreck Cases
Texas law provides five primary methods of discovery that your attorney can use to gather evidence in your car wreck case.
Request for Production
A Request for Production asks the other party to produce specific documents, records, and other tangible items relevant to the case. In a car wreck case this typically includes the defendant’s driving record, cell phone records showing whether they were texting at the time of the crash, vehicle maintenance records, dashcam footage, surveillance video from nearby businesses, medical records, medical bills, employment records showing lost wages, and insurance policy documents. Your attorney knows exactly which documents to request and how to follow up if the other side is uncooperative.
Request for Admission
A Request for Admission asks the other party to admit or deny specific factual statements about the case. For example your attorney might ask the defendant to admit that they ran a red light or that they were speeding at the time of the collision. Admissions obtained through this process are binding and can significantly strengthen your case by eliminating disputes about key facts.
Interrogatories
Interrogatories are written questions that the other party must answer under oath in writing. In a car wreck case interrogatories might ask the defendant to describe exactly what they were doing in the moments before the crash, whether they had consumed alcohol or drugs, whether they had any prior traffic violations, and what their version of events is. The answers to interrogatories are sworn statements that can be used against the defendant at trial if they contradict their later testimony.
Request for Disclosure
A Request for Disclosure requires the other party to provide basic information about their case including the names and contact information of all witnesses, the legal theories they intend to rely on, and the damages they are claiming. This gives your attorney a complete picture of what the other side intends to argue and helps prepare for trial or settlement negotiations.
Depositions
A deposition is a formal question and answer session conducted under oath outside of court but with the same legal weight as courtroom testimony. Your attorney will depose the defendant, eyewitnesses, expert witnesses such as accident reconstruction specialists, and treating physicians. Depositions are one of the most powerful discovery tools because they lock witnesses into their testimony under oath. If a witness says something different at trial than what they said in their deposition, your attorney can use the deposition transcript to impeach their credibility.
What Evidence Can Discovery Uncover in a Car Wreck Case?
Thorough discovery can uncover evidence that dramatically changes the outcome of a car wreck case. Some of the most impactful evidence your attorney can obtain through discovery includes the following.
Cell phone records proving the defendant was texting or on a call at the time of the crash. Black box data from the defendant’s vehicle showing their speed, braking, and steering inputs in the seconds before the collision. Surveillance footage from traffic cameras, business cameras, or residential doorbell cameras capturing the accident. Prior driving history showing a pattern of reckless or negligent behavior. Insurance policy limits that determine the maximum compensation available. Medical expert testimony establishing the full extent of your injuries and their long term impact on your life.
How Discovery Affects Your Settlement
Discovery has a direct impact on settlement negotiations. When your attorney conducts aggressive and thorough discovery, the defendant and their insurance company can see exactly how strong your case is. Evidence obtained through discovery that clearly establishes liability and damages often prompts insurance companies to offer significantly higher settlements to avoid the risk of a jury verdict.
Conversely, if discovery reveals weaknesses in your case, your attorney can advise you on the realistic value of your claim and help you make an informed decision about whether to settle or proceed to trial.
What Happens If the Defendant Refuses to Cooperate with Discovery?
If the defendant or their insurance company refuses to respond to discovery requests, provides incomplete answers, or attempts to hide evidence, your attorney can file a motion to compel with the court. A judge can order the non-compliant party to respond and can impose sanctions including fines and adverse jury instructions against parties who deliberately obstruct the discovery process. Spoliation of evidence, meaning the intentional destruction of relevant evidence, can result in severe penalties that often benefit the injured party significantly.
Contact a Dallas Car Wreck Attorney Today
The discovery process in a Texas car wreck case is complex, technical, and time sensitive. Having an experienced personal injury attorney handling your discovery from the beginning ensures that no critical evidence is missed and that the defendant and their insurance company cannot hide behind incomplete or misleading responses.
The attorneys at Corbett & Corbett LLP have extensive experience handling discovery in Texas car wreck cases. We know which records to request, which questions to ask, and how to use the evidence we gather to build the strongest possible case for our clients. We handle personal injury cases on a contingency fee basis, which means you pay nothing unless we win.
If you have been injured in a car wreck in Dallas or anywhere in Texas, contact Corbett & Corbett LLP today for a free consultation. Call us at 469-726-2626 or fill out our online contact form to speak with an attorney about your case. Do not wait. The sooner you get an attorney involved, the better positioned you are to preserve evidence and protect your rights.
