Litigation & Trial Process for Truck Accidents Flashcards
6 cards from real Truck Accident Lawyer practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Litigation & Trial Process for Truck Accidents flashcards as text
What is the statute of limitations for personal injury truck accident claims in most US states?
Answer: Two to three years from the date of the accident, varying by state
Most states allow two to three years to file a personal injury lawsuit, but deadlines vary and some claims against government entities have much shorter notice requirements.
What is 'discovery' in a truck accident lawsuit?
Answer: The pre-trial process where both parties exchange evidence, take depositions, and request documents through interrogatories and production requests
Discovery allows each side to gather evidence from the other party and third parties, including records, depositions, and written questions answered under oath.
What is a 'deposition' in truck accident litigation?
Answer: Sworn out-of-court testimony recorded by a court reporter that can be used at trial
Depositions allow attorneys to question witnesses under oath before trial, locking in testimony and gathering information that shapes trial strategy.
What is a 'motion for summary judgment' in a truck accident case?
Answer: A motion asking the court to rule in one party's favor before trial because there are no genuine disputed facts
Summary judgment is granted when the record shows no material fact is in dispute and the moving party is entitled to judgment as a matter of law, potentially ending the case before trial.
What is 'voir dire' in the context of a truck accident trial?
Answer: The jury selection process where attorneys and the judge question prospective jurors to identify bias
During voir dire, attorneys question potential jurors to identify those who cannot fairly decide the case, exercising peremptory challenges and challenges for cause.
What is a 'Daubert hearing' and when is it used in truck accident litigation?
Answer: A pretrial hearing where a judge determines whether an expert witness's methodology is reliable and admissible under federal standards
Under Daubert v. Merrell Dow Pharmaceuticals, federal courts act as gatekeepers requiring expert testimony to be based on sufficient facts and a reliable methodology.