Truck Accident Lawyer Blog

5. What is the full name of your company?

6. Is Defendant (Are you) owned by or a subsidiary of another company, entity or person? If so, state the full name of the other company, entity or person.

7. Is Defendant (Are you) a common carrier, a contract carrier, or a private carrier?

8. Does Defendant (Do you) hold a certificate of authority, a license or a permit issued by any state government or state agency, the United States Department of Transportation, the Surface Transportation Board, or any other governmental bodies? If so, which one or ones?

9. If Defendant (you) hold any type of authority, license, or permit to engage in interstate commerce, state what that is.

10. Does Defendant (Do you) hold any state authority to engage in intrastate commerce? If so, state what that authority is.

11. Set forth in detail the business structure of the Defendants and their affiliation with one another, including the identity of any corporation, organization or entity which has a financial interest, controlling interest or ownership interest of the Defendants, and also including the business address of all offices which are owned, managed or used by these Defendants or any company having a financial interest in these Defendants. Additionally, please note whether the entity is a wholly owned subsidiary or partially owned subsidiary of another entity.

12. Set forth a summary, including caption, date of filing and docket number for each
legal action brought against each Defendant in the past five (5) years alleging one or more of the Defendants or any subsidiary, any predecessor in interest or one of its employees to have been at fault in a motor vehicle accident. Provide the name, address and driver’s license numbers for each employee of the Defendant(s) involved in those accidents and whether the claim resulted in payment by the Defendant(s) or its (their) insurance carrier(s).

13. Who was the owner of the tractor/truck/tanker involved in the accident? Give the full name and address of the owner.

14. Fully identify and describe the trailer, by stating the year of manufacture, manufacturer, model and configuration.

15. If you were not the owner of the tractor and/or trailer involved in the accident, state whether these vehicles were operated by your company under lease.

16. If the answer is yes, state the name, address, and telephone number of teh person who was the lessor of the tractor and/or the trailer.

17. State whether a copy of the lease is in your possession.

18. State whether the lease was a permanent lease or a trip lease.

19. State the name, address and telephone number of the driver of the rig involved in the accident.

20. Is the driver your regular employee? If so, state the date that employment began and whether he or she is still in your employ.

21. State whether you have retained a driver qualification file in your company offices for the driver of the vehicle involved in the accident. If so, list each of the documents in that file.

22. State whether you have knowledge of any traffic violations committed by the driver either while in your employ or in prior employment. If so, state all information you have in that regard.

23. State whether you have knowledge of any hours of service violations committed by the driver either while in your employ or in prior employment. If so, state all information you have in that regard.

24. State whether any disciplinary action was taken either by your company or a company union against the driver as a result of his or her driving on the date of the accident from which this lawsuit arose.

25. If not, state whether any was considered, and if the driver's actions and/or inactions were reviewed by any person(s), providing the details thereof.

26. Does your company have a safety director? If so, state his or her full name and any and all titles.

27. State whether your company has written driving standards and/or instructions for its drivers.

28. State the precise method by which compensation was determined for the payment of the driver and/or the lessor for the trip during which the accident occurred.

29. State the place of origin and the place of destination of the truck involved in the accident.

30. State the exact time when the truck left its place of origin and what the scheduled arrival time was at the place of destination.

31. State whether your company is in possession of the driver's logs for the trip.

32. State whether your company is in possession of the bills of lading, freight bills and expense invoices generated during the course of the trip.

33. State whether the truck/trailer was transporting a load of cargo at the time of the accident.

34. If so, identify the load carried inside the trailer at the time of the accident, and state the intended destination, including the name and address of the intended delivery location, the scheduled delivery time and date, and the names, addresses and telephone numbers of the shipper(s) and the names, addresses and telephone numbers of the consignee(s).

35. State whether the driver was required to secure the load by using a tarpaulin or any other means or devices.

36. State whether the truck and/or the trailer underwent any repairs during the trip. If so, state the nature of the repairs and the names, addresses and telephone numbers of the repair facilities.

37. Does your company retain possession of repair and warranty invoices and bills covering the history of the truck/trailer? If not, who does?

38. Identify the location of the last pickup or delivery made by the driver prior to the subject accident, providing the exact name and address of each location with the date and time of pickup or delivery.

39. Does the truck involved in the accident have an on-board computer, log auditing software and/or log auditing device? If so, identify all such computers, software, devices, disks, computer tapes and other written materials generated and/or used during the trip. Are these items in your company's possession?

40. Set forth the combined approximate weight of the subject tractor and trailer which were involved in the subject accident when running without a load and, if loaded at the time of the accident, set forth the total rig weight at the time of the accident.

41. Have you ever been notified by the truck driver of a conviction(s) or suspension(s) for violating a state or local law relating to motor vehicle traffic control? (pursuant to 49 CFR 383.31)

42. If the accident resulted in loss of life or if the truck driver was cited for a moving violation:
a. Was a drug test administered to the truck driver within 2 hours of the accident?
b. Who administered the test?
c. What was the result?
d. Was an alcohol test administered to the truck driver after the accident?
e. How long after the accident?
f. If not done within 2 hours, what was the reason for the delay?

43. Has the driver ever reported for duty while having an alcohol concentration of 0.04 percent or greater? (pursuant to 49 CFR 382.201)

44. Set forth the following weights and dimensions of the commercial vehicle which was involved in the subject accident: Measuring from the front bumper to the rear, the distance to the front (steer axles); the distance to the tow tandem axles; the distances to the trailer tandem axles; the distance to the front and to the back of the trailer body. Set forth the weight on each axle, or group (tandem).

45. Has the truck driver ever refused to submit to a post-accident alcohol or controlled substance test under 49 CFR 382.303, a random alcohol or controlled substance test required under 49 CFR 382.305, a reasonable suspicion alcohol or controlled substance test required under 49 CFR 382.307, or a follow-up alcohol or controlled substance test required under 49 CFR 382.311?

46. Set forth a detailed chronology of the route of the truck driver during the six (6) month period prior to the subject accident, including each pickup and delivery, with pickup and delivery addresses, dates and times noted. In lieu of this information, you may provide documents including but not limited to the driver’s driving logs for the six (6) months prior to the accident in question.

47. Has the truck driver ever been disqualified from driving a truck when in your employ? If so, when and under what circumstances?

48. Please set forth a 10 year complete driving record of the driver, including a list of all accidents and violations and citations of state or federal laws or regulations, setting forth the date of each accident or citation, brief description of each accident and/or nature of each citation or violation, state of violation or citation, specifically to include a narrative summary of all of the information requested.

49. Has your company ever undergone a Federal Highway Administration compliance review? If so, what was your rating (satisfactory, conditional, or unsatisfactory)?

50. Set forth the vehicle identification number, tag number, state of registration and identity of owner for both the tractor and trailer unit involved on the subject accident.

51. Please state, in detail, how you contend the collision in question occurred.

52. Please set forth in detail the driver hiring requirements of the Defendants beginning three (3) years prior to the accident and up to present, including requirements relating to experience, training, prior accidents, prior violations, etc., together with each and every revision or modification to date, including the date of each such revision or modification and the substance of each such revision or modification.

53. State whether the truck/tractor/trailer/rig involved in the collision was equipped with any type of on-board recording device. If so, state the type of device, what information was recorded, and for what periods of time.

54. Please set forth in detail the driver training program of the Defendants as of the date of the accident, including requirements relating to onboard driver training, safety training, seminars, defensive driving courses, hours of service, safety meetings, probationary periods, etc. together with each and every revision or modification to date, including the date of each such revision or modification and the substance of each such revision or modification.

55. Please identify any and all documents currently maintained by the Defendants or the driver to allow someone to reconstruct his movements on behalf of the trucking company for the six months period prior to the accident. This may include but is not limited to, driver logs, satcom data, black box information, bills of lading, dispatch records, trip reports, internal company materials, file of safety director, toll receipts, fuel receipts, etc. Additionally, please identify the person most knowledgeable about the storage and retrieval of data described herein.

56. Please identify the driver’s license number and social security number of the driver. Additionally, please denote each and every state for which he has received a driver’s license in the last 10 years.

57. With respect to collisions or accidents involving one of your trucks and/or a driver employed by you or under contract with you from three (30 years prior to the accident until the date of the accident in this case, please state:
a. When the driver is required to make an accident report and to whom;
b. A description of any written report required to be made by any person with your company and/or the driver;
c. Where and in whose custody such reports are kept;
d. When a driver must submit for a drug test by giving a urine sample; and
e. When such report must be reported to the federal government.

58. Were any investigative or other reports prepared, compiled, submitted, or made by you or on your behalf in the regular course of business or in preparation for litigation, as a result of the incident in question. If so:
a. Identify the report by date, subject matter, name, address and job title or capacity of the person or persons making or rendering the report, the person or entity ordering the report (including insurance adjusters), the person who has present custody and/or control thereof, and the purpose of such preparation; and
b. Attach copies of such reports to your answers to these Interrogatories.

59. After the collision in this case, was any representative of your company
ever questioned or required to give a statement regarding the circumstances of the accident? If so, please state who made the statement, the date of the statement was made, to whom the statement was made and the contents of the statement.

60. Identify the date on which the driver was hired, the identity of the person who hired the driver, the identity of the driver's supervisor and the terms of any written or oral contract of employment or other contract between the driver and his employer.

61. Identify all cellular telephone companies for which the driver had a phone on the date of the accident. Additionally, please identify all such phone numbers associated with any cellular telephone referenced above.

62. State whether the truck/tractor/trailer/rig involved in the collision was equipped with the QUALCOMM OMNITRAX system or any other type of satellite tracking system. If so, list the records in your possession of the truck's activities which were generated by the QUALCOMM system.

63. Please state the name and present business of each and every individual who supplied information used to answer these interrogatories and identify his, her or their legal capacity within the Defendant's administration.

64. Was a certificate of insurance filed with the United States Department of Transportation, the Surface Transportation Board, and/or the public utilities and/or commerce commission and/or any other governmental agencies requiring same, as to the accident from which this lawsuit arose?

65. State whether the truck/tractor/trailer/rig involved in the collision was equipped with the EATON VORAD collision avoidance system. If so, state whether the system includes the following options: (a) a side-mounted radar that warns of vehicles in a truck's blind spot; (b) an accident reconstruction option which allows the last ten (10) minutes of recorded activity on the system to be stored in a buffer memory and retrieved in the event of an accident.

66. If you contend that Defendant (you) are not liable for this collision, state in exact and complete detail the reasons for that contention.