What is a subpoena in truck accident cases? In a truck accident case, a subpoena is a legally enforceable order requiring an individual or organization to produce documents or other evidence, or to provide sworn testimony.
A Richmond truck accident lawyer from The Pendleton Law Team can answer any questions you have about subpoenas.
There Are Two Types of Subpoenas for Truck Accident Cases
Ultimately, the type of subpoena for your truck accident case will depend on the information you want to receive. You can use a subpoena duces tecum to demand physical items, digital files, logs, or records. Comparatively, you can issue a subpoena ad testificandum to compel a witness to give sworn testimony at a deposition or trial.
With a subpoena, you can order a trucking company or other parties to provide evidence. Along with this, you can minimize the risk that an at-fault party will do things to hide or destroy evidence and otherwise weaken your case against them.
Have a Richmond personal injury lawyer from The Pendleton Law Team help you determine whether to use one or both types of subpoenas. From there, we can take the necessary steps to issue your subpoena and move closer to gathering critical evidence to support your truck accident case. To learn more, request a free truck accident case consultation.
A Truck Accident Case Subpoena Can Help You Preserve Evidence
Using a subpoena for a truck collision case can help you retrieve black box data, event data recorder (EDR) data, truck driver logs, vehicle maintenance and repair files, and other evidence to prove negligence.
At Christina Pendleton & Associates, P.C., we want you to have a wealth of evidence at your disposal. Initially, our attorney can evaluate your truck accident and find out who is responsible. Next, we can file your lawsuit against any liable parties and issue subpoenas as needed.
Under Virginia Code § 8.01-243, if you are injured in a truck accident and want to sue a trucker, trucking company, or other liable parties, you generally have two years to file your lawsuit. Your lawyer can submit your lawsuit in alignment with Virginia law. From here, they can use subpoenas to gather evidence and build your case for compensatory damages.
Steps to Request a Subpoena for a Truck Accident
Talk with The Pendleton Law Team if you are interested in filing a truck accident lawsuit. We can provide you with insights into discovery in truck accident cases, as well as other legal topics relevant to your situation. If warranted, we can submit your lawsuit and guide you through these steps to request a subpoena for your truck collision case:
- File your lawsuit. In most truck accident lawsuits, you will have to file a civil complaint before you can serve a subpoena.
- Determine what type(s) of subpoenas you need. Your attorney can assess your case and help you decide whether to use one or both types of subpoenas.
- Fill out the required court forms. Your lawyer can get these forms and help you complete them thoroughly and accurately.
- File and serve. Once a subpoena is issued, it will be served by a process server, sheriff, or certified mail in accordance with local rules.
It can take hours to obtain a subpoena, but a week or more can pass before the order is served and the individual responds. Your attorney can track the status of your case subpoenas. Along with this, they can negotiate a truck accident settlement and do other things to boost your chances of securing compensation.
When to Get a Subpoena for a Truck Collision Case
You can request a subpoena in a truck crash case if you have filed a lawsuit and the discovery phase is officially underway. It can also be beneficial to issue a subpoena if you previously requested evidence from a party involved in your truck accident and they have chosen not to respond.
If you issue a subpoena and a party ignores it, they can face severe legal consequences. This party can be held in contempt of court, which can result in fines. In some cases, a bench warrant can be issued if a party violates a direct court order to testify or produce evidence.
The Pendleton Law Team wants to take the guesswork out of getting subpoenas for truck accident cases. Our lawyers can give you insights into instances when subpoenas can be incredibly valuable. We can also provide information about what may occur if you decide against issuing a subpoena.
What Can Happen If You Don’t Get a Subpoena for Your Truck Accident Case
You can file a truck accident claim in Virginia without getting a subpoena. Depending on the circumstances, a liable party’s insurer can offer you a fair settlement for your accident-related losses. Alternatively, the insurer can dispute your claim, and filing a lawsuit can be necessary for you to recover damages.
If you proceed with a lawsuit and don’t get any subpoenas for your truck accident case, you can hurt your chances of achieving your desired outcome. Although parties in a lawsuit typically have discovery obligations, subpoenas are often necessary to obtain evidence from non-parties.
The Pendleton Law Team will advise you to obtain subpoenas based on the facts of your case. Our attorneys know the challenges that can arise when obtaining subpoenas. With us, you don’t have to go through the process of requesting subpoenas alone. We can assist you at each stage of this process and address any legal problems that you face throughout your case.
Learn More About the Use of Subpoenas in Truck Accident Cases
The Pendleton Law Team offers legal guidance and support to those injured in truck accidents caused by negligent parties.
We can discuss what subpoenas in truck accident cases are and whether you can use them in your lawsuit against a trucking company or other parties. Give us the opportunity to help you with your truck crash case. Reach out to us today.
