Trucking Accident Interrogatories

Any motor vehicle accident can be traumatizing, overwhelming and frustrating. Dealing with another driver, their insurance, your injuries, the damage to your vehicle, and potentially lost wages if you are unable to work can feel like too much. When the accident is with a commercial truck, things are even more complicated. You are no longer just dealing with another driver and their insurance company, but also the driver’s employer. Trucking companies often have much more money to try to defend a lawsuit than a private individual, and this may make you feel intimidated. Trucking accident interrogatories may be helpful in reducing this feeling of intimidation and leveling the field. These documents can provide detailed information that can be beneficial when it is time to either sit down and negotiate a settlement or step into court and fight for your rights and the compensation you deserve after being hit by a truck driver. The Louisiana Law Lady, with her insight into the inner workings of insurance companies and her personal experience with driving trucks, may be able to help you build a solid case so you can be compensated appropriately for the devastation someone else brought into your life. Call (504) 470-3511 to schedule your free case review. 

What Are Trucking Accident Interrogatories?

In any lawsuit, both parties are entitled to a process called discovery. Discovery allows both the plaintiff (the victim) and the defendant (the person accused of harming the victim) to get evidence and other information from the opposing party so they can build their case and know what the other side will be using to build their case. The first phase of discovery is written discovery, which is where trucking accident interrogatories fit. 

Interrogatories are written sets of questions sent by one party to another party, who provides written answers and returns them to the original party. They cover general information like where the individual lives and works, as well as specific information regarding the case, injuries, property damage, and other details. Sometimes, they may ask about medical history, but individuals can refuse to provide any medical history beyond what is relevant to the case. Any party can send interrogatories to any other party of the lawsuit. LA CIV. CODE art. 1457 limits the number of interrogatories to 35 without leave of court. Leave of court means that the party must have the approval of the court to issue more than 35 interrogatories.  The Louisiana Law Lady routinely has to seek leave of court to obtain more interrogatories, because 35 is not enough in a truck accident case, given how complex they are.

What Is the Purpose of Interrogatories?

Interrogatories can serve several purposes. From finding out facts to clarifying issues, to assessing the damages and pinning down someone’s testimony, these written documents serve as excellent ways to gather important information while providing a clear record of what that information is, who provided it, and what exact words were used. This can help cut down on questions about where information came from and denials that specific individuals provided or did not provide the information. 

Fact Finding 

Truck accident interrogatories can assist in collecting critical information from the opposing party. Interrogatories can be used to gather details about the injuries sustained, the names and contact information of any witnesses the other party may have found, and get the other party’s version of the events that took place. Some of this information can be used to understand what kind of defense the other party will be using. 

Clarify Issues

Interrogatories can be used to clarify contested or ambiguous issues in a trucking accident. For example, if the plaintiff heard the truck driver say they were extremely tired when both parties were stopped at a truck stop or rest area, the interrogatory may be used to ask the truck driver to indicate what hours they had been driving, hours they had spent sleeping, and what else they did with their time in the 24 to 48 hours prior to the accident. 

Identify Evidence 

Interrogatories can be used to identify records, documents, and other pieces of evidence that may be relevant to the case. For example, if the truck driver claims a medical condition contributed to the accident, the interrogatory may ask for the driver’s medical history, including all records related to the alleged medical condition. Interrogatories may also identify other parties that may be liable. For example, if the truck driver claims their brakes failed, this may indicate that a repair facility or manufacturer may also be liable in the accident. 

Pin Down Testimony

The written answers given in interrogatories are evidence in the case, as is the oral testimony an individual gives in a deposition or in court. This can be beneficial if the individual contradicts their written answers with their later testimony. If the individual gives one answer in the interrogatories and another in court, the interrogatories can be used to impeach the individual, or challenge their credibility. If their credibility is questioned on one issue, the judge or jury may question their credibility on all issues. 

Assess Damages

Interrogatories can be used to collect information regarding damages. Questions regarding vehicle damages, the extent of the individual’s injuries, their treatments, and other associated recovery costs can help with determining compensation. One thing to note is that questions related to the extent of injuries and treatment costs may not necessarily be used to challenge the individual’s credibility. As treatment progresses, new injuries often come to light or unexpected complications can arise. This means that these answers can be subject to change while still being complete, truthful answers to the best of the individual’s knowledge when they are providing those answers. A party does have a duty to continually update their discovery responses though.

Gather Hard-to-Find Information

Discovery allows for depositions and document requests, but sometimes the information required is not available through those methods. Trucking accident interrogatories can be used to gather information that is needed but cannot be found any other way. They also allow both parties the opportunity to explore what claims the opposing party will make and what defenses they will use. 

How Should Someone Respond to Trucking Accident Interrogatories?

Typically both the plaintiff and the defendant will send interrogatories in a trucking accident. LA CIV. CODE art. 1458 provides parties with 30 days to answer interrogatories. While some people might wish to ignore interrogatories, the other party can ask the court to intervene and compel the party to answer them. Continued failure to answer could lead to fines or the judge striking pleadings, which can be very bad for the case. Therefore, individuals should either answer the questions or object to specific questions or the entire set of interrogatories. However, it is recommended that parties consult with an attorney before answering. 

If a question cannot be answered because it contains incorrect information, the individual should object, but may object while answering what they can. For example, if the question is, “Where did you receive treatment for your broken leg?” but the individual had a broken arm, they can object, state they did not have a broken leg, but received treatment for their broken arm at whichever facility treated them. Answering these questions honestly or objecting to ones that are incorrect or otherwise cannot be answered honestly is critical, as the answers provided in trucking accident interrogatories can be used later to impeach the party’s testimony if they give a different answer in court. 

Tips for Creating and Responding to Interrogatories

Because there is a limit to the number of interrogatories that can be served, it is imperative that the questions be carefully crafted to get the most important information and information that is not accessible through other means. At the same time, the limited number also means that responding to interrogatories accurately but without providing too much or too little information is also important. Understanding how to create and respond to trucking accident interrogatories will ensure that they are as useful as possible. 

Crafting Interrogatories

One of the most important aspects of crafting interrogatories is to keep them brief, simple, unambiguous, and easy to understand. Try to ensure each question can elicit a thorough answer, but avoid using unnecessary legal terms or unnecessarily large words. Be specific and try to limit each question to one specific aspect of the case. For example, do not ask, “What were you hauling in the truck that day and what was the weather like?” Instead, break them into two questions. If there is concern about running out of questions, consider whether some of that information might be available through other means. 

Remember that truck accident interrogatories are best for obtaining detailed information about persons, corporations, facts, identities and locations of records and documents, witnesses, and other case-specific information. Phrase questions so that they inspire thorough answers. Consider what information may not be available through public records, logbooks, truck black boxes, or other means. The point of interrogatories is to get information, not to make life more difficult for the other party. 

Responding to Interrogatories 

When responding to interrogatories, individuals should respond fully in writing and under oath or object with specific reasons for their objections. Additionally, when objecting to a question, individuals should try to provide any answer they can to the extent that the interrogatory is not objectionable. For example, if the question asks how much the individual still owed on their 2007 Ford Fusion, but they were driving a 2006 Kia Sportage, they should object to the question, and then explain how much they owed with the correct details of their vehicle. 

In some instances, an individual may be uncertain how to interpret an interrogatory. If in doubt, individuals should interpret the interrogatory reasonably, in good faith, and according to plain language meaning. In other words, assume that a question is asking what it appears to be asking, rather than assuming there may be some other hidden meaning behind it. Individuals should also offer answers meant to provide information rather than denying information to the other party. As the first board-certified trucking law attorney in Louisiana, the Louisiana Law Lady may be able to assist you in determining how to interpret and answer interrogatories you receive in your trucking accident.

Limitations and Challenges of Interrogatories

Trucking accident interrogatories can be extremely useful, but they also have limitations and challenges that must be considered when crafting them and using their answers. One challenge is that the party’s attorney often crafts the responses given. While these answers are still truthful, they are also precisely worded to avoid revealing specific pieces of information or too much information. Another challenge is that the other party may object and refuse to answer some or all of the questions, leading to a request for the court to intervene and resolve these disputes. This can be time-consuming. 

Another limitation of interrogatories is the limited number of questions allowed by state law. With only 35 questions allowed, and less if the case is in federal court, that restricts the number even more. As a result, each question is vital. These questions must be strategically chosen and worded to ensure that as much relevant and useful information as possible is collected. 

Trucking Accident Interrogatory Examples

As with all lawsuits, trucking accident interrogatories will be unique to the case. However, there are some questions that are often asked in these types of cases. Examples of these questions can include: 

• • Identification: The individual’s full name, home address and employers for the previous ten years, current home and work addresses, phone number, Social Security number and date of birth. 
  • Insurance Coverage: Insurance company name, policy number, coverage amounts, and any indemnification or contribution agreements between defendants. If there are multiple policies that may pay any judgment in the case, they should all be listed. 

• Statements: Any statements provided by those involved in the accident, any witnesses, or any law enforcement officials and any statements given to insurance carriers or agents, private investigators, or any other people or entities should be provided. This includes the name and address of the individual who made the statement, the date and time such statement was made, the complete contents of the statement, and the name and address of the statement’s current custodian. 
• Past Criminal Convictions: Since the individual’s eighteenth birthday, whether represented by an attorney or having waived such right, they should list all criminal convictions for anything other than minor traffic offenses. This information should include the offense for which they were convicted, the date of the conviction, and the name of the court in which they were convicted.
• Impairment: This question will often ask the individual to state whether they or anyone else involved in the accident was impaired to the best of their knowledge. If they answer that they or someone else was impaired, they are also expected to provide the name of the impaired individual, the name of the substance, when and where it was obtained, when and where it was consumed, and how much was consumed.

Additional questions will often include vehicle damages, injuries sustained, the names of expert witnesses, information regarding any documents to be used as evidence, other legal proceedings the other party is facing, and the facts surrounding the accident itself. 

How a Louisiana Trucking Accident Attorney May Assist You

Trucking accidents can be terrifying for those in the smaller vehicle, and their effects can be devastating and long-lasting. In the aftermath, dealing with insurance and a lawsuit can feel overwhelming, especially when you are trying to recover from your injuries, repair or replace your vehicle, and pay your usual bills whether you are working or not. A Louisiana trucking accident attorney may be able to assist you by filing the appropriate paperwork for your claim, reviewing letters and other documents received from the trucking company or their insurance carrier, crafting or assisting you in responding to interrogatories, and generally managing your claim on your behalf so you can focus on your recovery. The Louisiana Law Lady has unique insights into both how insurance companies operate and having driven trucks herself, allowing her to uniquely fight for your rights and the compensation you deserve. Call (504) 470-3511 to schedule a consultation to review your case.