Trucking Interrogatories

Posted on September 13, 2007 by Jim Martin
  • Brian Parker - a young lawyer working in Mark Zamora's law offices in Atlanta submits these Trucking Interrogatories:


INTERROGATORIES


GENERAL

  1. What is Defendant’s document retention policy?

WRECK

  1. Was driver within course and scope of his employment at the time of the collision?

  2. If anyone on behalf of Defendant went to the collision scene please answer the following:

    1. Who on behalf of Defendant photographed or video graphed the scene, vehicles or both?

    2. Who on behalf of Defendant measured the collision scene?

  3. Who on behalf of Defendant interviewed potential witnesses?

  4. Who on behalf of Defendant investigated the wreck?

  5. Who on behalf of Defendant reconstructed the wreck?

  6. Who on behalf of Defendant took possession of the vehicle contents?

  7. What was the destination of the driver at the time of wreck? Please include in this answer: the delivery time of the load on the accident vehicle and if the delivery of load was time sensitive please explain.

  8. Was accident report made to USDOT? If so, who made it and when?

  9. Was there a written contract with the company that the load was going to? If so please state:

  10. Please list physical evidence removed from scene/vehicles/driver/personal possessions and state who has those possessions now.

PEOPLE

  1. Please provide the name and title of officer, agent, servant or employee of Defendant most knowledgeable about and responsible foreach of the following:

    1. Discovery responses;

    2. Document retention;

    3. Personnel/driver qualification files;

    4. Driver training;

    5. Loss prevention & risk management;

    6. Dispatching;

    7. Compliance with FMCSR;

    8. Fleet maintenance;

    9. Accident/wreck investigations;

    10. Driver discipline/termination;

    11. Driver log acquisition and verification;

    12. Driver hours of service verification;

  2. Please provide the name, address and telephone number of drivers who now live in Georgia.

  3. Please provide the name, address and telephone number of drivers who have been terminated within last 5 years.


DEFENDANT’S VEHICLE INVOLVED IN WRECK

  1. What was the weight of the tractor and trailer combination at time of wreck?

  2. What was the weight of the load on the trailer combination at time of wreck?

  3. Did the tractor/trailer have black box (ECM/DDEC/Etc)? Please provide details.

  4. Did the tractor trailer have satellite tracking/communications system (Qualcom) onboard? Please provide details.

  5. Had the tractor trailer combination been previously wrecked?

  6. Please provide information regarding the last maintenance on vehicle; what was performed, where it was performed, and when.


DEFENDANT’S DRIVER INVOLVED IN WRECK

  1. Please provide the name, address, age, date of birth, and social security number of the driver.

  2. What is the driver’s employment history with the company?

  3. Did he/she attend driver school? If so, when and where?

  4. Please list driver’s traffic violations last 5 years.

  5. Please list driver’s discipline record with Defendant.

  6. Please provide driver’s past employment history.

  7. Please provide the date, time, origin and destination of driver loads forthe last 5 years.

  8. Did the driver keep logs and vehicle inspections? Who has these now?

  9. Please provide the name, title and location of the manager/dispatcher responsible for the driver involved in the wreck

  10. Did the driver have any loans (school or otherwise) with Defendant at the time of the wreck? Please provide the terms of the loan.

  11. Was the Defendant driver involved in this wreck administered an alcohol/drug test subsequent to the wreck? If so, please state by whom, where, when and the results.

  12. How was the driver paid (mile/hourly/salary) and what was his pay?

(company name)

  1. State whether Defendant is engaged in any types of business other than the principal business referred to in the preceding interrogatory and identify each and every business entity which is in any way legally related to Defendant or to any affiliate, parent, or subsidiary of Defendant. Please state the nature of each such business, and state with particularity whether such business is conducted by Defendant or by any affiliate, parent, or subsidiary of Defendant. State also the periods of time during which each such business has been engaged in by Defendant or by such affiliate, parent, or subsidiary of Defendant.

  2. What is the number of tractors/trailers in fleet?

  3. How many drivers are employed by the company?

  4. How are logs audited (manually or electronic) and how many log auditors are employed by the company?

  5. What computer software systems are used for payroll, maintenance, driver qualifications, and compliance with FMCSR?

  6. What is the company policy on driver discipline for violation of FMCSR?

  7. What is the frequency and content of safety meetings?

  8. What are the minimum qualifications for drivers?

  9. Does Defendant own/interest in driving school? If so, please explain.

  10. What is the written policy on fleet repair and maintenance? Please provide the name of someone who has a copy.

  11. What is the written policy on internal investigation and review of a wreck? Please provide the name of someone who has a copy.

  12. What is the reportable accident note and safety rating of defendant as given/assigned by the FMCSA for last 10 years?

  13. Has Defendant ever received an unsatisfactory safety rating by FMCSA? If so, when and why?

  14. How much was budgeted in each of the last 5 years for fleet maintenance, safety training, advertisement for drivers, and driver training?

OTHER SIMILAR CASES/CLAIMS

  1. Please provide the name, address, and telephone number of personal injury claimant for personal injury where no suit was brought against Defendant within last 5 years. What was the outcome of each?

  2. Please provide the name and address of all plaintiffs and plaintiff’s attorneys in personal injury suits brought against Defendant within the last 5 years, including the Caption (state, court and case number) of each case.

  3. Please provide the name and address of the log auditor(s) and dispatcher(s) on day of wreck

  4. Please provide the names, addresses, and titles of all log auditors and dispatchers employed by Defendant within last 5 years.




Respectfully submitted this ____ day of _____ 2007.




______________________

Brian S. Parker

Georgia Bar No. 142228

Attorneys for Plaintiff











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