
How a Florida Truck Accident Lawyer Prepares to Depose Trucking Defendants
If you’ve been injured in a crash involving a commercial truck in Florida, your case is likely more complicated than a typical car accident. These cases often involve large trucking companies, federal safety regulations, and high-dollar insurance policies. One of the most important steps in a truck accident lawsuit is deposing the trucking defendants—getting their sworn testimony before trial.
As a Florida truck accident lawyer, I’ve handled many of these cases and know firsthand how critical these depositions can be. In this article, I’ll break down how these depositions work, who gets deposed, and why this stage of the lawsuit is often where the truth finally comes out.
Why Trucking Accident Depositions Are So Important
When someone is injured in an accident involving an 18-wheeler or commercial truck, the driver is not the only one who is liable. The trucking firm, the logistics coordinator, and even the maintenance contractors have liability. That’s why depositions are not interviews—they’re your opportunity to uncover federal trucking rule violations, expose negligent hiring or training, and strengthen the case for your client.
In a deposition, we ask individuals under oath. Their answers can reveal whether the firm put profits ahead of safety or ignored warning signals about the truck driver or truck.
Who is Deposed in a Florida Truck Accident Case?
Depending on how complex the case is, we may depose a number of individuals involved with the truck and trucking firm. Below is an overview of common witnesses:
1. The Truck Driver
This is usually the first deposition. We’ll ask about their training, hours on the road, qualifications, route, and what they were doing before and during the crash. If the driver was fatigued, distracted, or under pressure to meet a deadline, it often comes out here.
2. The Safety Director
Most carriers who deal commercially hire someone to manage safety procedures. We look into the way in which the firm monitors drivers, administers safety standards, and manages previous transgressions or complaints.
3. The Corporate Representative
Under Rule 30(b)(6), we can require a company to have a person testify on specific issues like hiring practices, compliance with FMCSA regulations, maintenance procedures, and so forth. This person testifies on behalf of the company—and their testimony can be used in court.
4. Mechanics or Maintenance Personnel
Was the truck in operating condition? Had the company ignored maintenance warnings? These depositions allow us to ascertain if hazardous maintenance was one of the contributing causes of the crash.
5. Dispatchers and Logistics Managers
These witnesses can disclose whether the driver had unrealistic time deadlines or was having to skip breaks—key considerations in determining responsibility.
What We Look for in These Depositions
With each deposition, the goal remains the same: to reveal the facts that can point to how the accident could have been prevented. In trucking accidents, that typically means looking beyond the point of impact.
Among the most important topics we discuss are:
- Driver fatigue and hours-of-service laws
- Cell phone usage or other distractions during driving
- Vehicle inspection reports and whether or not any problems were missed
- Hiring practices, especially if the driver had a poor safety history
- Company policies encouraging unsafe driving (e.g., speeding packages)
- Pre- and post-crash substance and alcohol testing
We also review key documents like the driver qualification file, electronic logging device (ELD) records, GPS records, delivery schedules, and maintenance reports before entering any deposition.
Common Mistakes Trucking Companies Make
Too often, these depositions reveal patterns of neglect that reach far beyond the accident itself. In fact, some of the most egregious safety breakdowns take place months or years before the accident. Below are a few warning signs we regularly encounter:
- The company hired a driver with past DUI convictions or multiple accidents
- There were a number of violations of federal safety regulations
- The truck had major mechanical issues that were not fixed
- Drivers were encouraged to falsify logbooks or skip mandated breaks
- The company did not have a procedure for reviewing driving record or repeat safety instruction
When companies cut corners, they put everyone on the road at risk—and depositions can make those risky decisions public.
Building a Case for Punitive Damages
In some Florida truck wreck cases, there may be proof of gross negligence—behavior so inattentive that the court will allow us to seek punitive damages. They are meant to punish the company and warn the industry.
In Florida, to pursue punitive damages, we need to establish more than simple carelessness. We need to show that the company knew there was a risk and proceeded to ignore it. That is why depositions are so important. The testimony of an executive or safety officer for a trucking company can be the smoking gun to support a punitive damages case.
Some examples would include:
- A truck driver with a suspended CDL still operating a truck
- Company officials knowingly disregarding HOS infractions
- Refusing to fix brake issues that have been reported over and over again
When we report this type of misconduct, it usually leads to a faster and larger settlement—or a stronger case if there is a trial.
How Trucking Depositions Help at Mediation and Trial
A quality deposition can make all the difference even before trial. In mediation, we like to play significant portions of depositions to show just how reckless the company was. It causes the defense to rethink their position and usually leads to an improved settlement offer.
If the case does ultimately go to trial, we can utilize the deposition to impeach adverse witnesses who change their story or to show the jury how the company operated behind closed doors.
Final Thoughts from a Florida Truck Accident Attorney
If you’ve been involved in an accident with a semi-truck or commercial vehicle, don’t assume it’s like a regular car crash. These are cases that require a different level of investigation, approach, and aggressive representation.
These trucking companies are experts at avoiding paying fair amounts. You need an attorney for these cases. One that will apply in-depth approach to ensure no stones are left unturned.
If you or your loved one were injured in a car truck accident in the State of Florida, call Jaime “Mr. 786Abogado” Suarez today and have him Get You Paid!