Toyota has issued a massive recall as reported by USA Today and elsewhere. The recall affects:2009-2010 Rav42009-2010 Corolla2009-2010 Matrix2005-2010 Avalon2010 Highlander2007-2010 Tundra2008-2010 SequoiaCertain 2008-2010 Carolla modelsThe recall is due to reports that the gas pedal can stick, causing the driver to be unable to cease acceleration. A previous notice indicated that the problem was occurring due to the gas pedal sticking in floor mats, but this recall indicates that it can occur even when the floor mats have been removed.Toyota has taken the step of notifying its dealers to cease selling the current new models until the problem has been corrected. This recall affects millions of vehicles.If you have been involved in an accident in which you were driving one of these Toyota models, or were struck by one of these Toyota models, you may have a claim against Toyota for product liability, in addition to any other claim you may have. If you’ve been involved in an accident in any Toyota in which you know or suspect that it was caused due to a sticking accelerator, please contact The Law Offices of Todd N. Hendrickson immediately. You have rights and we are here to protect them. Please call at 314-721-8833 for a no cost consultation.
After your attorney has filed a lawsuit for you, you’ll undoubtedly hear the term “discovery.” What is “discovery?”Discovery is the phase of the litigation before trial. This is when both sides try to “discover” everything they need to about the other side’s case–how the negligence occurred, how the plaintiff was injured, the nature and extent of the injuries, extent of wage loss, defenses etc. Whether your case is a simple personal injury suit involving an auto accident, or a more complex case involving medical malpractice or product liability, the basic process is similar, involving the same steps.Usually, the first thing that will occur is that the attorneys for all parties will exchange written discovery.Written discovery will usually consist of one or more of all the following:Interrogatories: These are written questions that you and your attorney will answer together. Your attorney will usually send these questions to you or have you come into the office to review them. These questions are answered under oath and under penalty of perjury. Usually, but no always, these questions will ask about basic information such as identity of your medical care providers, amounts of your bills, whether you’ve given any statements, etc.Requests for Documents: Fairly self explanatory. These are requests for your to produce documents such as medical records, tax returns and pay stubs to prove lost income, medical authorizations to allow the defense to gather their own copies of your medical records, and things like photos and Xrays.Requests to Admit: These are written statements which a party must admit or deny. If the party admits the statement, then the requesting party is relieved of having to prove this statement at trial and the answer can merely be submitted to the jury. Requests to admit are often used to narrow the issues in a case and establish basic facts.Usually the next stage of discovery involves depositions. A deposition is a question and answer interview conducted by the other party’s lawyer. Testimony is taken and recorded by a court reported and transcribed into a booklet for later use. Depending on your jurisdiction, this testimony may be directly admissible in court. A deposition may be the only testimony you give in a case and it is important that you are properly prepared to answer the type of questions that will likely be asked.In many cases, the attorney’s will produce expert witnesses to give testimony on certain aspects of your case. The testimony of a treating doctor as to how your injury happened and the type of medical care you received to treat it is one type of expert testimony. In some cases, you may have expert testimony on things such as accident reconstruction or product defects. In a medical malpractice case doctors or other health care providers will give testimony as to how the defendant was negligent.These are the basic steps of the discovery process.If you are in need of an attorney for a personal injury, auto accident, medical malpractice, wrongful death or product liability case, please call Todd N. Hendrickson for a free consultation.
The Department of Transportation has initiated, effective today, a ban on texting while driving for interstate truck and bus drivers. If caught, these drivers will face significant fines and penalties.Texting while driving is responsible for numerous accidents. Some studies indicate it is as dangerous as driving while intoxicated. Studies indicate that drivers who text while driving are twenty times more likely to get into an accident than those who are not texting.If you have been in an accident with a truck or an accident in which you know or suspect that the other driver was using his or her cell phone or texting while driving, you should contact an attorney to protect your rights. Call or e-mail the Law Offices of Todd N. Hendrickson to discuss your case. As always, our initial consultation is free and there is no fee unless you recover.