What Car Accident Attorneys Do During Discovery

Discovery is where the quiet work happens. The commercials and verdict headlines get the attention, but most car crash cases are won or lost in the months when lawyers exchange information, test the other side’s story, and force vague claims into sworn specifics. If you have ever wondered what car accident lawyers actually do beyond filing a lawsuit, discovery is the answer. It is an organized grind of requests, deadlines, strategy, and judgment calls, and the attorneys who handle it well set their clients up for strong settlements and trial-ready cases.
The purpose of discovery in a car crash case
Discovery serves two goals. First, it levels the field so neither side can spring an ambush at trial. Second, it exposes strengths and weaknesses that drive settlement value. In motor vehicle cases, facts rarely live in a single place. They are scattered across police reports, damaged bumpers, traffic camera servers, EMR systems, telematics dashboards, and the memories of people who were not paying attention until the moment of impact. Discovery ties those pieces together under court rules that compel cooperation.

A practical way to think about it: liability and damages. Liability covers who caused the crash and how. Damages cover what it cost the injured person in medical care, lost earnings, daily living, and future harm. Discovery builds the record on both.
Framing the case before discovery starts
Good car accident attorneys do not wait for the first scheduling order to arrive. They begin by stabilizing the evidence. That means sending preservation letters to the at‑fault driver’s insurer, to towing companies, to repair shops, even to nearby businesses with exterior cameras. Those letters carry legal weight. If a body shop discards a bumper with vital crush patterns after being warned to keep it, a judge can sanction the other side or instruct a jury to presume the missing evidence was unfavorable.

Counsel will also gather the client’s baseline materials. The intake interview probes health before the crash, job duties, and day‑to‑day activities. That detail matters when the defense later argues your shoulder problem predates the collision. An attorney with experience will ask about small but telling facts: whether you were using a hands‑free mount, if your car has a subscription to OnStar or another telematics service, whether your employer requires a pre‑trip check log if you drive for work. Those threads become discovery targets.
Core discovery tools and how they play out
The formal rules provide a toolkit that looks the same across jurisdictions, but the rhythm differs by court and case. Car accident attorneys typically reach for four main tools: interrogatories, requests for production, requests for admission, and depositions.

Interrogatories are written questions answered under oath. The form questions cover crash details, witness identity, and insurance. The more strategic ones press the defense into a corner. For example: identify each act or omission by plaintiff you contend contributed to the collision, and state all facts supporting each contention. That forces the insurer’s lawyer to choose. Either they commit to a theory early, or they risk being barred from inventing a new one later.

Requests for production demand documents and electronic data. This is where the case blossoms. On the defense side, attorneys ask for phone records spanning the time of the crash, vehicle photos before any repairs, estimates, property damage appraisals, and data retained in the engine control module or infotainment system. In commercial cases, the list expands to driver qualification files, hours‑of‑service logs, dispatch messages, and maintenance records. On the plaintiff side, the defense asks for medical records and bills, prior injury documentation, tax returns or pay stubs, and social media posts that reference the accident or daily activities. An experienced lawyer narrows these requests to the period and body parts at issue to protect privacy while satisfying the rules.

Requests for admission are short, targeted statements the other side must admit or deny. They save time and money. If the defense admits the light was red for them, or that their insured received a citation for following too closely, that fact becomes established without a fight. If they deny, that denial can be used later to show unreasonable positions, which sometimes opens the door to fee shifting.

Depositions are live, sworn testimony. Think of them as trial practice with more room for exploration. Lawyers test credibility, lock in stories, and chase inconsistencies. A deposition of the at‑fault driver often surfaces surprise details, like a dashboard warning light they dismissed, or that they were late for a delivery, or that they updated a friend via text after the crash. A plaintiff’s deposition covers health history, the mechanics of the collision, and damages. The best attorneys prepare their clients thoroughly, not to memorize lines, but to answer honestly and clearly without volunteering speculative opinions.
The first wave of written discovery
Once pleadings wrap, timelines kick in. Plaintiff’s counsel issues a first set of interrogatories and production requests within days of the scheduling conference. The defense responds a month later with objections, partial answers, and a promise to produce documents subject to the objections. This is normal, but not the end of the story.

Car accident attorneys read those responses with a highlighter. They compare what the defense said to independent sources, like the police crash report or the client’s vehicle photos. If the defense claims no witness exists, yet the report lists a name and phone number, counsel follows up with a meet‑and‑confer letter, then a motion to compel if needed. Judges expect reasonable efforts to resolve disputes. Attorneys document every step, because a solid paper trail often wins discovery motions.

On the damages side, request scope is everything. Medical records are sensitive. Experienced counsel tailor authorizations so providers release what matters: emergency room notes, imaging, treating physician evaluations, physical therapy documentation, surgical reports, and clinical notes for a reasonable period before the crash for comparison. When the defense asks for a decade of complete records to fish for unrelated conditions, plaintiff’s counsel proposes a narrower compromise and takes the rest to the judge if the defense won’t budge.
Subpoenas to third parties who hold the gold
Not all evidence sits with the parties. Third parties hold much of it, and subpoenas unlock it. A few examples illustrate how targeted this can get.

Traffic cameras, dash cameras, and adjacent businesses: If a city intersection camera captured the crash, a subpoena must go out fast, often within 30 days. Some municipalities overwrite data weekly. Gas stations and storefronts with exterior cameras may keep footage for only 7 to 14 days. Attorneys track down the right manager and the correct vendor, then match timestamps to local time zones and daylight saving rules, which have tripped more than one case.

Vehicle data: Modern vehicles store speed, brake application, throttle, seatbelt engagement, and more, either in an event data recorder or in proprietary telematics. Insurance carriers often download this data quickly to assess claims. Attorneys move to preserve that memory, then coordinate a joint download with a neutral technician. Chain of custody is documented meticulously, because a sloppy process gives the defense room to argue tampering.

Cell phone records: Proving distraction is more than pointing to a phone on a seat. Lawyers subpoena call detail records and data usage logs for a narrow window around the collision. They then retain a forensic analyst to build a timeline that correlates tower connections, app activity, and travel distance between cell sites. False positives happen; map overlays show whether a data handshake likely meant the driver was streaming music passively, or actively tapping a messaging app.

Medical billing and coding: Large hospital systems sometimes generate complex bills that confuse juries. Subpoenas to billing departments secure itemized statements, facility fee breakdowns, and explanations of benefits. Counsel use those to explain the difference between amounts billed and paid, which matters for admissibility and future medical cost projections under state law.
Expert consultations that shape follow‑up discovery
Discovery is iterative. As new evidence arrives, attorneys consult experts to test theories and refine requests. Three disciplines come up frequently.

Accident reconstruction: These engineers convert debris fields, crush profiles, and skid marks into speed estimates and impact angles. In a low‑speed rear‑end, a reconstructionist may use bumper deformation and crash pulse data to show a delta‑V well above what a casual observer would expect. Their early take often prompts counsel to seek additional photos from the repair shop or to subpoena the airbag control module download vendor the insurer used.

Human factors: Not every dispute is about physics. Sometimes the question is whether a driver could perceive a hazard and react in time. Human factors experts analyze perception response time and line‑of‑sight obstruction. If a shrub blocked a stop sign or a delivery truck encroached into a lane, that expert can justify a site inspection or a request to the property owner for maintenance records.

Medical causation and life care planning: Orthopedists, neurologists, and physiatrists help connect specific injuries to the crash and forecast future care. A life care planner then turns that into numbers for medications, injections, imaging, attendant care, and surgical contingencies. Their input drives additional discovery to employers, pharmacies, and insurers to substantiate wage loss or benefit offsets.
Depositions that change trajectories
Well taken depositions often cause cases to settle. Consider a typical pattern. The defendant driver insists they checked their mirrors, then moved into the lane. On cross‑examination, counsel uses the repair estimate to show damage that contradicts that path, then introduces a frame from a nearby store camera revealing brake lights that fire only after the sideswipe. The defendant pauses, then concedes they did not shoulder check. That admission under oath becomes a centerpiece in mediation.

Plaintiff depositions require a different focus. Defense attorneys probe for alternative causes and inconsistencies. The best preparation centers on clarity and boundaries. If a client had a prior back strain five years ago that resolved, they should say so plainly. If they do not know, they should not guess. Counsel also rehearses the daily impact story, beyond medical language. How long can you sit before pain builds. Which chores require help now that never did before. Who noticed. Concrete detail resonates and preempts the suggestion that symptoms are exaggerated.

Third‑party depositions round out the picture. An investigating officer can explain why they cited the defendant for failure to yield based on gouge marks and witness statements, not rumor. A treating physical therapist can discuss objective improvements and plateaus, which carries weight with juries. A body shop manager can authentic photos and confirm that hidden structural damage required frame straightening. Each witness supplies a puzzle piece, and an experienced attorney knows which pieces matter to a particular judge or mediator.
Battles over what should be allowed
Discovery fights are not glamorous, but they shape the record. Privacy, scope, and proportionality drive most disputes. Defense counsel often requests broad social media access, hoping to find a vacation photo that undermines claimed limitations. Courts commonly limit this to posts that reference the crash or physical activities inconsistent with the injuries, not a fishing expedition through years of life. Plaintiff’s counsel proposes reasonable date ranges and keyword filters, then asks the judge to adopt that structure if negotiations fail.

Medical history disputes follow a similar pattern. The defense wants lifetime records. The plaintiff offers a lookback tied to the body parts at issue and a short window prior to the crash. Judges aim for balance. The attorney who arrives with clear, defensible limits and a willingness to produce promptly usually wins credibility and favorable rulings.

Spoliation claims sit in a different box. When critical evidence goes missing after a preservation request, counsel documents the timeline and moves for sanctions. I have seen judges instruct juries that they may presume missing data, like a deleted text thread from the hour of the crash, would have been unfavorable to the party who lost it. That instruction can tip liability.
Timing and strategy around independent medical exams
Defense insurers nearly always request an independent medical examination, known as an IME. There is nothing independent about the selection; the defense hires the doctor. Skilled car accident attorneys know the rules in their jurisdiction for recording the exam, the scope of testing, and the right to have a chaperone present. They prepare clients for common tactics during these brief, brisk assessments: leading questions framed as small talk, quick range‑of‑motion tests performed without pain cues, and incomplete histories that downplay symptoms.

After an IME, counsel often serves follow‑up discovery to the physician. That includes prior testimony history, compensation from insurers, literature relied upon, and the doctor’s raw notes. Over time, patterns appear. Some doctors routinely opine that soft‑tissue injuries resolve within 6 to 8 weeks regardless of documented symptoms. When a treating specialist’s longitudinal records tell a different story, juries tend to trust the clinician who saw the patient repeatedly over the one‑time evaluator.
How discovery drives settlement value
Insurance carriers https://writeablog.net/galairjdmn/slip-and-fall-attorney-what-happens-if-theres-no-video https://writeablog.net/galairjdmn/slip-and-fall-attorney-what-happens-if-theres-no-video set reserves based on facts, not slogans. As discovery unfolds, those numbers adjust. A credible admission in deposition, a clean phone record that defeats distraction arguments, or a reconstruction that tightens liability can push settlement value up. Conversely, if surveillance captures a plaintiff lifting heavy items after claiming strict limits, value drops. The process makes both sides’ risk clearer.

Mediation commonly follows the bulk of discovery. The best mediations rely on a thoughtful exchange of evidence beforehand, not a data dump the night before. A well‑drafted mediation statement highlights the admissions already locked in, explains the medical plan with citations to the record, and anticipates the insurer’s counterpoints. It is not advocacy for its own sake. It is a guided tour of what the jury will see and hear, with enough precision to make defense counsel uncomfortable with trial risk.
Special issues in commercial and rideshare collisions
When the crash involves a delivery van, tractor‑trailer, or rideshare vehicle, discovery takes on extra layers. Federal regulations require motor carriers to maintain driver qualification files, pre‑employment drug test results, annual reviews, and hours‑of‑service logs. Electronic logging devices track movement down to the minute. Counsel subpoenas those records and cross‑references them against GPS breadcrumbs and dispatch messages. Violations, like driving beyond allowable hours or skipping required inspections, strengthen negligent entrustment or supervision claims.

Rideshare cases introduce platform data. Trip details, route maps, driver online time, and incident reports live inside company systems. These platforms resist broad requests. Attorneys often need protective orders and court intervention to obtain anonymized data. When secured, that data can resolve key questions including whether the driver was within the app at the time, which affects coverage layers and policy limits.
The human side of discovery
Clients feel discovery differently than lawyers do. Answering interrogatories and sitting for a deposition can be draining, especially while recovering from injury. Good attorneys protect their clients’ time and energy. They schedule depositions with breaks, coach clients on how to handle fatigue, and buffer them from unnecessary skirmishes. They also explain why certain personal questions are asked, what must be answered under the rules, and what can be limited. Clarity reduces anxiety and keeps testimony clean.

On the defense side, individual drivers often feel exposed, worried that a single mistake will upend their life. Skilled plaintiff’s counsel can push hard on facts without demeaning the person. Jurors see the difference, and judges appreciate professionalism during long discovery calendars.
Common pitfalls and how seasoned lawyers avoid them
Two patterns cause problems. The first is delay. Evidence goes stale quickly. A hesitant start means lost footage, sold vehicles, and faded memories. The second is overreach. Demanding everything under the sun invites hardline objections and slows the case. The attorneys who balance speed with focus tend to deliver better outcomes.

Another trap is ignoring metadata. Digital photos can carry timestamps and GPS coordinates. A seemingly innocuous text export may strip that metadata and weaken authenticity. Counsel preserves original formats when possible and uses authenticating affidavits when not.

Finally, uncontrolled client communications can create headaches. A Facebook post venting about the crash might be discoverable. Car accident attorneys talk to clients early about reasonable social media hygiene, not to hide legitimate claims, but to avoid misinterpretation of casual posts that lack context.
When discovery reveals a need to adjust the theory
Rigidity hurts cases. Suppose the early theory blamed the defendant solely for running a light, but video shows an awkward left turn by the plaintiff’s car that complicates the scene. An honest assessment may lead the attorney to add a comparative fault analysis and sharpen damages evidence, focusing on permanent impairment rather than close calls on liability. Juries reward candor and coherence. Discovery is the chance to recalibrate, not double down on a narrative the facts do not support.
Practical checkpoints clients can expect A preservation plan within the first two weeks that identifies likely evidence sources and sends hold letters to those entities A first exchange of written discovery within 30 to 45 days after the court sets deadlines, followed by meet‑and‑confer sessions to resolve objections Subpoenas to third parties, including any camera owners and medical providers, with follow‑up to confirm receipt and retention Depositions scheduled in waves, typically beginning with parties, then key third‑party witnesses, and later experts A mediation window after the main depositions, contingent on any remaining expert discovery Measuring progress without the drama
Discovery rarely looks dramatic, but it leaves a trail. Attorneys track produced documents in databases, log what is missing, and calendar follow‑ups. They keep a running list of admissions secured and issues narrowed. A monthly case memo might note that the defense admitted policy limits, denied prior notice of a brake defect, and agreed to produce phone logs. That memo becomes a living roadmap for the next steps, whether that is a targeted motion to compel the airbag control module data or a deposition of the employer’s safety manager.
The outcome of doing discovery well
Cases do not settle fairly because someone speaks loudly. They settle because the record is tight. When car accident attorneys ask the right questions, seek focused production, and take clear depositions, they build leverage. Insurers feel it. Judges see it. Juries, if it goes that far, trust it.

Discovery is not a checklist to complete mechanically. It is a craft. It blends legal rules with investigative instincts, patience with urgency, and a constant recalibration as new facts emerge. For injured clients, that craft matters. It is the difference between a file that drifts and a case that reaches an honest valuation grounded in evidence. And for the lawyers who do this work day in and day out, the quiet satisfaction comes not from theatrics, but from the moment a case settles or a verdict lands and they know the record will stand up to any scrutiny.