This is the third post in our series on the handling of Austin, Texas pedestrian accidents. Our last post discussed how comparative fault applies to pedestrian injuries. It is important to understand that one can potentially recover for their injuries if they were partially at fault for the accident. In this post we will address another important topic – conducting discovery in such a case after a lawsuit has been filed. We cannot stress enough the fact that you should speak with an attorney immediately if you have been harmed by another’s negligence.
Discovery is the process by which information is gained from the other side in a lawsuit. The tools available to a lawyer for gaining such information come in several forms. “Interrogatories” are written questions which the other side must answer in writing and under oath. These questions can be used to inquire about defenses which the defendant is asserting as well as other information. “Requests for Production” can be used to gain records and other tangible items. Such records may include the defendant’s driving history, etc. Also, “depositions” allow for an attorney to question a live witness, under oath, in the presence of a court reporter. These tools are crucial to any personal injury lawsuit; they are how one acquires evidence which will be presented at trial.
Discovery can play a crucial role in pedestrian accident cases. It is common for the Plaintiff to claim they were hit by an oncoming car and for the defendant to claim that the pedestrian was crossing against traffic. When liability is disputed, the jury may assign a portion of the liability to the Plaintiff. Discovery, however, can be used to uncover additional negligence by the defendant. If, for example, it is shown that the defendant was engaging in distracted driving (such as texting behind the wheel), then the jury would likely assign a greater percentage of fault to the defendant. Retaining a lawyer who will use the process to gather evidence is important to your chances of recovery. Our lead counsel discusses steps which can be taken to gather such evidence.
Our Austin pedestrian accident lawyers aggressively protect those who have been hit by an oncoming car. If settlement is not possible, and the defendant disputes liability, then we will use all of the tools necessary to show that you were not at fault. Our firm has the financial resources to deal with the largest of defendants and is able to see disputed cases through to completion. Contact our office today to speak with an attorney. Our lawyers also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.