Utah’s trucking accidents – like other domestic trucking accidents – happen for a variety of reasons, including driver error (sleeping at the wheel, over-speeding, sudden illness like a heart attack, inattention, miscalculation, and poor performance), inadequate training, vehicle failure, overloading, tight schedules, substance abuse, and more.
Trucking accidents are serious business and most trucking companies have deep pockets and can keep fighting court cases until the victim runs out of patience. Though most cases are settled before trial, the ones that reach the court witness some heavy-duty cross-examination by experienced Utah trucking accident attorneys.
To keep plaintiffs (and defendants) in the loop, we made notes from a basic cross-examination template of an experienced attorney, and here is what it says:
A. Cross-Examination Objectives in a Utah Trucking Accident
The cross-examination seeks answers to questions like the following:
- Do the defendant’s character and past behavior reconcile with his performance (the cause of the accident)?
- Is his stand or testimony inconsistent or full of holes?
- Does his contention need to be demolished?
- What are the key issues in his stand that should be attacked?
- What are the unimportant points that should be avoided? (A cross-examination leads to a conclusion, and therefore asking insignificant issues should be avoided.)
- Should the questioning begin with a warm-up (to relax the defendant) or should it start with a bomb of a question? (The answer depends on the defendant’s past track record and emotional traits.)
Many lawyers start with a question that will make the defendant concede because such questions and admissions are remembered by the jury.
B. Type of Questions Utah Trucking Accident Attorneys Ask
The attorney usually starts with a basic set of questions such as establishing the defendant’s name, the fact that he was driving the truck, the location where he was driving, and the fact that his truck hit the plaintiff’s vehicle.
If the defendant is hostile, the attorney then switches to the dramatic questions that are likely to make him concede. Such questions make an impact and are remembered by the jury.
Many attorneys start with questions that begin on a soft note and end up being hugely dramatic.
Experienced Utah trucking accident attorneys always ask leading questions while cross-examining. A leading question is one that contains the answer. For example: “The light was red, correct?” Typically, lawyers add words like “true,” “correct,” “right,” to their leading questions.
C. Drafting Dramatic Questions
Utah’s trucking accident lawyers hunt for inconsistencies in the defendant’s pre-trial examinations, written or oral statements given to investigators, police and insurance companies, depositions, and other testimonies to frame questions that can have a dramatic impact.
The idea is to pin the defendant down and create enough courtroom drama that impacts the jury. Often, lawyers first establish the defendant’s inconsistencies and then confront him with documents that prove him wrong.
Attorneys also do not ask defendants “if he remembers” anything. They become direct and present documents when it comes to proving that the defendant is wrong.
D. Narrowing Down the Defendant’s Answers
Lawyers do not accept unresponsive answers or answers that are not direct but contain unnecessary information. They want a direct and responsive answer that justifies the question.
If the defendant does not provide responsive answers, the lawyers demonstrate the defendant’s uncooperative nature to the jury. In some cases, lawyers deliberately allow the defendant to be unresponsive so that the jury can witness his hostile behavior.
Attorneys also modulate their tone throughout the questioning and go from soft to tough depending on the question and how deep down they have managed to bury the defendant’s testimony.
A sloppy cross-examination can spell defeat. Our Utah trucking accident attorneys have mastered their skills over the years and all our cross-examinations are sharp, direct, responsive, focused, and factual. There is no arrogance or aggressiveness when we cross-examine. We can control the witness/defendant and ensure that the jury is provided with substantive material without wasting any time.
NO-COST, NO-OBLIGATION CONSULTATION OFFER
Aside from evaluating the case and calculating the compensation claim, we ensure that all our clients are prepared for trial if the case goes to court. However, most cases are settled before trial, but if a trial is inevitable, our team of Utah trucking accident attorneys is ready for it.
We are emphatic and responsive to our clients and aware of the stress they go through before a trial. That’s why we work on a contingency fee basis. We describe the trial process to our clients in graphic detail and ensure that we are armed with the evidence, documents, photographs, infographics, etc., before we step into the court.
That’s not all – here is a free consultation offer.
Just pick up the phone and talk to us for a free evaluation of your case and learn how we get cases settled to the satisfaction of our clients.
Trust us, you will gain knowledge after meeting us and become a more informed litigant.
