Category: Legal Strategies

1. Copy of defendant’s document retention policy.

COLLISION

2. Make/model/year of tractor/trailer involved in Collision.
3. Copies of any photo/video of scene.
4. Copies of any measurements of scene.
5. Copies of any statements by interviewed witnesses.
6. Copies of any investigation of Collision
7. Copies of any reconstruction of Collision.
8. Copies of any interview with driver
9. List of physical evidence removed from scene/vehicles/driver/personal possessions.
10. Copies of all documents related to the load being transported on the trailer at time of Collision
11. Copy of the Collision report sent to USDOT
12. Copy of contract/agreement with company who shipped or was to receive load on trailer at time of Collision.
13. All records of any investigation, evaluation or finding by Defendant, relating to whether the Collision was preventable or non-preventable from the standpoint of its driver.
14. All documents generated by the Defendant company’s incident review board and/or internal organization that reviews incidents of its drivers concerning the chargeability of the incident.
15. A copy of the post Collision drug/alcohol report on driver as required by 49 C.F.R. & 382.303 and all related documents by defendant driver following the incident.

POLICIES/PROCEDURES/MANUALS

16. Copies of any policy, procedure, manuals, outlines, directives, memorandum or other prepared material dealing with the following:

-Discovery responses propounded by adverse parties

-Document retention

-Information technology

-Personnel/driver qualification

-Driver training

-Loss prevention

-Dispatching

-Compliance with FMCSR

-Fleet maintenance

-Collision/Collision investigation

-Driver discipline/termination

-Driver log acquisition and verification

-Black box (ECM/DDEC/Etc.)placed on Defendants vehicles

-Satellite tracking device (e.g. Qualcom) placed on Defendants vehicles

-Risk management

17. The parts and service manual for the tractor involved in the incident.
18. All policies and procedure manuals, memoranda or directives, standard operating procedures, training manuals or materials or videos, driver manuals, handbooks, presentations, employee manuals, handbooks or brochures and supplements and updates thereto used or prepared by or on behalf of the Defendant during the last 5 years.
19. All agenda and minutes of safety department meetings, along with the agenda and sign in sheets, for a time period of five years prior to the subject Collision to the present date
20. Copy of any policies, directives, procedures or similar material which in any way sets out, describes, or explains the policy or the Defendant with regard to the review of driver logs.
21. Copy of any policies, directives, procedures or similar material which in any way sets out, describes, or explains the policy or the Defendant with regard to the review of vehicle position histories from any satellite tracking device in Defendant’s tractors.
22. All contracts, policies, manuals, directions, instructions, stored/retrievable information, and procedures in the possession or control of the Defendant regarding the Qualcom System or similar satellite tracking system used by the Defendant on its tractors.
23. All policies, instructions, manuals, directions and procedures regarding dispatchers of the Defendant, including all training manuals and instructions used in training dispatchers

(company name)

24. Organizational chart showing all departments/divisions of Defendant
25. Organizational chart of Defendant’s safety department.
26. Organizational chart of Defendant’s maintenance department.
27. Organizational chart of Defendant.s log compliance/FMCSR compliance department.
28. Organizational chart of Defendant’s driver qualification/training department.
29. Organizational chart of Defendant’s dispatching department.
30. Organizational chart of Defendant’s information technology department.
31. Organizational chart of Defendant’s human resources department.
32. Copies of budget for last 5 years for safety training, driver training, fleet maintenance, advertisement for drivers, compliance with FMCSR, and dispatching.
33. List of log auditors name/address employed by Defendant within last 5 years.
34. Copies of instructions, manuals, notebooks or other prepared material dealing with the Defendant’s software system for payroll, maintenance, driver qualification and compliance with FMCSR.
35. Copies of data retention and back-up policies on all computer systems.
36. Copies of company policy on driver discipline for violation of FMCSR.
37. Copy of minimum qualifications for driver.
38. Copy of written policy on fleet repair and maintenance.
39. Copy of written policy on internal investigation and review of Collisions.
40. Copies of reportable Collisions and safety rating of defendant as given/assigned by the FMCSR for last 10 years.
41. Copies of any unsatisfactory safety rating by FMCSR.
42. Copies of advertisements utilized by the Defendant within last 5 years to solicit drivers in any state of the United States and any foreign country.
43. Copies of all liability insurance policies (including coverage pages) of the Defendant applicable to this Collision.
44. Full annual reports and audited financial statements of Defendant for the last 5 years, and all quarterly or interim financial statements for reports covering the period subsequent thereto.

DEFENDANT’S (year/model vehicle) INVOLVED IN COLLISION

45. Copies of any and all data, printouts, documents, charts, graphs or like material in possession of the defendant that was downloaded from any data gathering device (electronic control module) on Defendant’s tractor/trailer at the time of this Collision along with manuals/instructions on how to interpret the information.
46. Copies of any and all maintenance records on the Defendant’s tractor and trailer involved in this Collision for the last 5 years.
47. Copies of the fuel history of the tractor belonging to Defendant involved in this Collision for the last 5 years.
48. All documents or written material of every nature within the possession and/or control of the Defendant which contain information as to all drivers who have driven the tractor involved in this case in the last 5 years.
49. The parts and service manual for the tractor involved in the incident that is the subject of this litigation.
50. All vehicle condition reports and repair orders on the tractor involved in the Collision which is the subject of this action for the last 5 years before the Collision.
51. All documents within the possession and/or control of the defendant which contain information as to any Collision involving the defendant allegedly caused by mechanical failure of a tractor or trailer
52. All documents within the possession and/or control of the defendant which contain information of any on-board recording monitor, trip monitor, trip recorder, trip master, or device known by any other name which records information concerning the operation of the truck for the 30 days before the incident through the date of the incident.

DEFENDANT’S DRIVER, (name) , INVOLVED IN COLLISION

53. All driver logs within possession of defendant regardless of format be it paper, electronic or otherwise.
54. All driver vehicle inspections within possession of defendant regardless of format be it paper, electronic or otherwise.
55. With regard to the driver of the Defendants vehicle involved in this Collision produce copies of the following:

-Employment history

-Driving record

-Copies of any and all alcohol and/or drug test administered on the Defendant’s driver after collision which is subject to this Cause of Action

-Driver school records/CDL training records

-Payroll records

-Traffic violations last 5 years

-Loan records

-Discipline record with the Defendant Company

-Collisions within last 5 years

-Past employment history

-Fuel records for last 5 years

-Comdata fuel management records on driver for last 5 years

-Credit card purchase records for last 5 years

-Weight tickets for last 5 years

-Dispatch records for last 5 years

-Alcohol/drug test results for last 5 years

-Employee evaluations for last 5 years

-CDL records

-Date/time/origin/destination of driver loads for last 5 years

OTHER SIMILAR CASES/CLAIMS

56. Copies of all files, data, documents, etc., related to any personal injury claimant where no suit was brought against Defendant within last 5 years.
57. Copies of all personal injury suits brought against defendant within last 5 years.
58. Caption (state/court/case #) of any personal injury lawsuit brought against Defendant within last 5 years.
59. Name/address of all Plaintiffs’ attorneys in personal injury lawsuits brought against Defendants within last 5 years.

ONBOARD SATELLITE TRACKING DEVICE

60. Copies of any and all data, printouts, documents, charts, graphs, or like material which in any way shows, demonstrates, catalogs, defines and/or alludes to any information from any satellite tracking device (e.g. Qualcom) located on the Defendants tractor/trailer involved in this Collision for the last year specifically including but not limited to the following:

-Vehicle position histories/data

-Driver contact/check calls

-Messages to/from driver

-Vehicle maintenance data/messages

-Load information

-Location histories

FMCSR

61. Any out of service stickers ever issued to the defendant from any governmental or regulatory agency of the United States or any state.
62. A copy of the periodic inspection report as required by 49 C.F.R. & 396.21
63. Any documents containing information as to any investigative inquires concerning the defendant driver as required by 49 C.R.F. & 391.23.
64. All safety management controls (as defined by 49 C.R.F. & 385.3) which the Defendant had in effect during 2004.
65. All Safety ratings (as defined by 49 C.R.F. Section 385.11) issued to the Defendant by any state or federal government agency for the last 5 years.
66. All notifications of Safety Ratings (as referenced in 49 C.R.F Section 385.11) provided to defendant by any state or federal governmental agency for the last 5 years.
67. All requests submitted by the Defendant for a change in safety rating pursuant to 49 C.F.R. Section 385.17 for the last 5 years.
68. Any and all records required to be kept pursuant to 49 C.F.R. 396.3, for the tractor or trailer operated by the Defendant’s driver at the time of this Collision.
69. Copies of all documents in the possession or control of the defendant regarding the use of an unqualified driver as set forth in the Federal Motor Carrier Safety Regulations.
70. Copies of all documents, records, or written materials of every nature within the possession or control of the Defendant which contain information concerning any driver being fined, penalized, or assessed any amount of money for drivers? logs which do not comply with the Federal Motor Carrier Safety Regulations.
71. Copies of all DOT inspections and citations in possession or control of the Defendant where it was found that driver’s logs did not comply with the FMCSR.
72. Copies of any and all notice of claims, inspections, reports, compliance reviews, investigations, or like matters conducted on the Defendant by the FMCSR within the last 5 years.
73. Copies of all USDOT registers (history or Collisions required to be kept by FMCSR) of the Defendant for the last 5 years [390.15(b) FMCSR].

DRIVER (name) GENERAL TRAINING AND SCHOOL

74. Provide all documents in possession or control of the defendant regarding driver turnover and driver retention.
75. Provide all documents in possession or control of the defendant regarding Collisions involving student trainees.
76. Provide al documents in possession or control of the defendant regarding Collision frequency of its drivers.
77. Provide all documents in possession or control of the defendant regarding trainee drivers hired by the Defendant.
78. Provide all documents in possession or control of the defendant regarding drivers hiring statistics, graphs, and profitability analyses.
79. Provide all documents in possession or control of the defendant regarding hiring of convicted felons.
80. Provide all documents in the possession or control of the defendant regarding hiring drivers who do not speak English.
81. Provide all documents in the possession or control of the defendant regarding advertising expenditures for hiring of drivers and all statistics graphs and profitability analyses regarding advertising expenditures of hiring of drivers.
82. All documents in possession or control of the defendant regarding the annual income expenditures, net profit, and profitability analyses of any driver training school which the Defendant had a financial interest.
83. All documents in the possession and control of the Defendant regarding revenues paid to any driver training school in which the Defendant had a financial interest in the last 5 years.

MISCELLANEOUS

84. All physical, documentary, electronic and photographic/video evidence in possession of Defendant related to the Cause of Action.
85. Copies of any and all notices of claims, inspections, reports, compliance reviews, investigations, or like matters conducted on the Defendant by the SEC within the last 5 years.
86. Copies of any and all document, writing, chart, graph or similar material utilized by the Defendant to set times for the pickups, travel and/or delivering of loads (run time transit chart).
87. Any and all documents, writings, or exhibits of any kind in the possession, custody or control of the Defendant, the Defendant’s attorney, or anyone else listed in or used in the preparation of Defendant’s Answers to Interrogatories.
88. Any and all correspondence, reports, charts, photographs, drawings, videotapes, brochures, manual, memoranda, notes or other documents, materials or physical evidence of any kind which relate to any claim or defense in the action.
89. Any and all correspondence, reports, charts, photographs, videotapes, brochures, manuals, memoranda or other documents, materials or physical evidence of any kind received from, provided to or generated by any expert witness you expect to call as a witness at the trial of this case.
90. Any correspondence, reports, charts, photographs, drawings, videotapes, brochures, manual, memoranda, notes or other documents, materials or physical evidence of any kind relied upon by any expert witness in forming an opinion in this case whom Defendant expects to call as a witness at trial.
91. A current Curriculum Vitae of any expert witness you intend to use as a witness at the trial of this case.
92. Any documents, materials or physical evidence which Defendant contends are relevant or which it intends to introduce at the trial of this action.
93. All course materials used by Defendant, in any safe driving or defensive driving or training courses.
94. All internal audits, safety audits, reports of safety audits or reviews of defendants including those prepared by or for insurance companies for the last 5 years.
95. All correspondence between defendant and its insurance carriers concerning safety reports, reviews or audits or safety ratings for the last 5 years.
96. The claims log and/or Collision log pages from the date of the Collision.
97. Copies of all documents, materials, and records in the possession or control f the Defendant which in any manner relate to discrepancies between any drivers daily log and the vehicle position history of any driver.
98. All documents and materials which set forth the job description and duties of log auditors and dispatchers of the Defendant Company.
99. All documents and materials, electronic or otherwise, which relate in any manner to the number of the Defendant’s drivers or trucks in which dispatchers are in any manner responsible for.
100. All documents and materials, electronic or otherwise, which relate in any manner to the number of the Defendant’s drivers or trucks in which dispatchers are in any manner responsible for.
101. All documents and materials, electronic or otherwise, which relate in any manner to bonuses received by dispatchers, drivers, and all employees of the Defendant prior to the date of this Cause of Action.
102. All documents, materials, computer programs, directions, manuals, electronic data and procedures used to calculate run time (calculation of time necessary to deliver a shipment) in the possession or control of the Defendant.
103. Copies of all videos and training aids used by the Defendant in training their drivers regarding the consequences of driver fatigue while operating a truck.
104. List of names, addresses, and telephone numbers of other Defendant drivers who have been terminated within the last 5 years.
105. All documents or written material of every nature within the possession and/or control of the defendant which contains information as to all drivers who have driven the tractor involve in this case in the last 5 years.