Obtaining Evidence after a Car Accident
An experienced Houston, TX accident lawyer can help you with the complex and often arduous process of locating and obtaining the crucial evidence you need to prove your accident claim. After you file a lawsuit claiming compensation for your accident losses and injuries, a pre-trial phase of the process begins. This pre-trial phase is called “discovery.”
During discovery, the opposing parties are supposed to exchange information with each other relevant to proving the case. This helps the parties to the lawsuit determine who has the stronger position in the case, and where the weaknesses in the accident claim or the defense might be.
But the parties opposing your accident claim won’t always be cooperative in providing the evidence you need for your case. Certain evidence, like EDR “black box” data, might spoil and become useless or unobtainable after a time. Laws only require companies to keep some documents for limited periods of time. If some of those documents are essential for proving your accident claim of vicarious liability against a negligent driver’s employer, the opposing side’s delay producing them might result in their destruction according to a pre-set company schedule.
One Texas woman recently had to file a motion to compel discovery with the court in her case resulting from a multi-vehicle accident. The woman claims that the company that employed the negligent driver who might have caused her injuries is delaying discovery and has failed to produce requested documents and black box data records. The black box data is at risk for spoliation.
If you encounter such a situation as you pursue your valid accident claim, you will need the services of an experienced Houston accident lawyer familiar with the discovery process, the issue of spoliation, and the steps involved in compelling discovery among opposing parties.
Tony Denena and Chad Points are dedicated Houston accident lawyers with more than twelve years of successful experience helping clients obtain the crucial evidence they needed to win their valid compensation claims. They would be pleased to help you, too. Just call today for your free accident consultation.