Discovery is the stage of a lawsuit when each side must hand over evidence the other side asks for, under court rules. In a truck crash case, it is how you get the driver’s hours-of-service records, the truck’s maintenance files and sworn testimony. California lists the discovery methods in Code of Civil Procedure 2019.010.
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What is discovery in a truck accident lawsuit?
Discovery starts after a lawsuit is filed. Each side can demand information that is relevant to the case and not privileged (CCP 2017.010). In truck cases, the trucking company usually holds most of the evidence, so discovery is often where a case is won or lost.
The main tools are largely the same in California, Texas and Washington:
| Tool | What it is |
|---|---|
| Interrogatories | Written questions the other party must answer under oath |
| Requests for production | Demands for documents, electronic data and things |
| Requests for admission | Statements the other side must admit or deny |
| Depositions | Questioning under oath, recorded by a court reporter |
| Physical or mental exam | An exam by a doctor the defense chooses, often called a defense medical exam |
| Trial witness exchange | Each side names the professional witnesses it will call at trial |
California’s list of methods is in CCP 2019.010. Washington’s Civil Rule 26 lists nearly the same methods (CR 26).
What records does discovery uncover in a truck crash?
Federal safety rules require motor carriers to create and keep records that often matter in a crash case. Discovery is the legal path to them:
- Hours-of-service records. Carriers must keep drivers’ records of duty status and supporting documents for at least 6 months (49 CFR 395.8). These can show whether a driver was over the hours limits.
- Accident register. Carriers must keep a register of accidents for 3 years (49 CFR 390.15).
- Driver qualification file. It is kept for as long as the driver works for the carrier and for three years after (49 CFR 391.51).
- Inspection and maintenance records. Kept for 1 year where the vehicle is housed or maintained, and for 6 months after the vehicle leaves the carrier’s control (49 CFR 396.3).
- Post-accident drug and alcohol tests. Required after crashes that kill someone, and after certain injury or tow-away crashes where the driver is cited (49 CFR 382.303).
Some of those periods are short, which is why a lawyer usually sends a written demand to preserve evidence right after the crash, long before formal discovery begins. Black box and camera data raise the same timing problem; see truck black box and dashcam evidence.
How long does the other side have to answer?
- California: a party generally has 30 days after service to respond to interrogatories, unless the court changes the time (CCP 2030.260).
- Texas: each party must make initial disclosures without waiting for a request, generally within 30 days after the first answer is filed (Misc. Docket No. 20-9153, Rule 194).
- Washington: interrogatories are generally answered within 30 days, or 40 days after service of the summons and complaint for a defendant (CR 33). Requests for documents and electronically stored information fall under CR 34.
When a party refuses or stalls, the other side can ask the judge to order answers. Discovery fights are common in truck cases.
What is a subpoena in a truck accident case?
A subpoena is a court order, usually directed to someone who is not a party to the case, such as a repair shop, a broker, a fuel stop or a cell phone company, to testify or produce records. California allows depositions and business-records subpoenas to nonparties (CCP 2020.010), and a records-only subpoena must describe the records or categories sought (CCP 2020.410). Washington’s rule sets out what every subpoena must state and command (CR 45).
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What is a legal complaint in a truck accident case?
The complaint is the document that starts the lawsuit. It names the parties, such as the driver, the motor carrier and sometimes the truck owner or a maintenance company, and explains what each one did wrong. In California, a personal injury complaint does not state the dollar amount demanded (CCP 425.10). Discovery generally begins only once a complaint is on file, and the complaint itself must be filed before the deadline, generally two years in California (California Courts) and Texas (CPRC 16.003) and three years in Washington (RCW 4.16.080).
What to do now
- Get medical care and keep every record.
- Write down the truck’s company name, DOT number and trailer number if you saw them.
- Keep photos, videos and the names of witnesses.
- Do not give a recorded statement to the trucking company’s insurer.
- Ask a lawyer to send a preservation letter quickly, before records age out.
- Keep a list of every doctor, pharmacy and employer you will be asked about.
- Note the deadline to file the complaint.
Talk to us about a truck crash
If you were hurt by a commercial truck, call Beverly Law at (310) 552-6959 for a free case review in English or Spanish. You owe no fees or costs unless we win.
Common questions
How long does discovery take in a truck accident case?
It depends on the court and how many parties there are. Cases with a carrier, a broker and a repair shop usually take longer.
Will I have to give a deposition?
Most likely. The defense usually deposes the injured person about the crash, injuries and medical history.
Can the trucking company refuse to give records?
It can object, but a judge decides disputes and can order the records produced.
What is the difference between discovery and a subpoena?
Discovery is the whole evidence-sharing stage. A subpoena is one tool in it, used mostly to get records or testimony from people who are not parties.
Do you handle Texas truck cases?
Yes. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Related pages
Personal Injury Questions · Truck black box and dashcam evidence · Truck accident lawyer · What happens after a deposition · Personal injury questions · Law Blog
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Sources
- California Code of Civil Procedure 2017.010, scope of discovery
- California Code of Civil Procedure 2019.010, discovery methods
- California Code of Civil Procedure 2030.260, interrogatory responses
- California Code of Civil Procedure 2020.010, discovery from nonparties
- California Code of Civil Procedure 2020.410, business records subpoena
- California Code of Civil Procedure 425.10, contents of a complaint
- Supreme Court of Texas, Misc. Docket No. 20-9153, amendments to Texas Rules of Civil Procedure 190-198
- Washington Superior Court Civil Rule 26
- Washington Superior Court Civil Rule 33
- Washington Superior Court Civil Rule 34
- Washington Superior Court Civil Rule 45
- 49 CFR 395.8, records of duty status
- 49 CFR 390.15, accident register
- 49 CFR 391.51, driver qualification files
- 49 CFR 396.3, inspection and maintenance records
- 49 CFR 382.303, post-accident testing
- California Courts Self-Help, Statute of limitations
- California Courts Self-Help, Statute of limitations (Spanish)
- Tex. Civ. Prac. & Rem. Code 16.003
- RCW 4.16.080, three-year limit
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.