This is the next post in our series on the handling of Austin, Texas bicycle accident cases. Our last post discussed dealing with medical providers after a bike accident. It is important to understand that many providers will offer care in exchange for a lien against your potential settlement. It may, however, be necessary to negotiate down those liens at a later date so that settlement may be reached. In this article we will discuss how the discovery process can be used to prove the negligence of a driver. It cannot be stressed enough that you should contact a personal injury attorney immediately if you have been hit while riding a bicycle.
We have previously discussed the handling of discovery in Austin personal injury cases as a general matter. Discovery is the process by which information is gained in a lawsuit. Several tools are available for gaining such information. Interrogatories allow a Plaintiff to have the defendant answer questions in writing. Requests for Production allow one to gain records and documents from the other side. Subpoenas are another tool which allow one to gain information from third-parties. Each of these tools can be critical in showing that the defendant was at fault in an injury case.
Discovery can play a crucial role in bike accident cases. Say, for example, the driver was texting while operating his or her vehicle. Showing that distracted driving caused the accident can increase the victim’s chances of being compensated. Discovery can be used to obtain the cell phone records of the defendant. Other information which could be obtained could include the defendant’s driving history and accident history. Such information would assist the Plaintiff in their case.
Discovery can be a complicated process and it is important that you retain an injury lawyer who is familiar in handling such matters. If information is requested, but not provided, then there are legal mechanisms by which the Court can force the defendant to provide the requested information. By hiring experienced counsel you improve the chances of having the evidence you need at trial.
Dan Christensen devotes his practice to assisting those who have been injured by the negligence of another. Our firm will use your initial consultation to determine how you were injured and to put a plan in place so that the evidence needed for your case can be obtained. If necessary we will present such evidence to the jury at trial and will be there for you throughout the process. Contact our office today to speak with an Austin bike injury lawyer.
We 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.
