In any lawsuit arising out of a car accident, it is essential for the injured party to obtain any evidence that supports his or her theory of liability or can be used to substantiate a claim for damages. As such, discovery is an important part of any car accident case. In some cases, however, the defendant may refuse to provide data requested via discovery on the grounds that the data is irrelevant or privileged. Recently, a Florida District Cournt discussed whether data downloaded from a vehicle’s electronic control module was discoverable in a case in which the plaintiff was injured in a car accident with a tractor-trailer. If you suffered injuries due to a car accident in South Florida it is important to hire an assertive South Florida car accident attorney who will diligently pursue any evidence, you may need to prove your claims.
Facts Regarding the Accident
It is reported that the plaintiff when his vehicle collided with a tractor-trailer driven by the defendant driver for the defendant employer. The plaintiff filed a lawsuit against the defendants alleging claims of negligence and strict liability, and seeking compensation for injuries, pain and suffering and other losses. The defendants subsequently conceded that the defendant driver was negligent, and that the defendant employer was vicariously liable for the defendant driver’s negligence. The parties disagreed, however, as to whether the data downloaded from the electronic control module in the tractor-trailer was protected by the work product privilege. The plaintiff requested the data via discovery, after which the defendant filed an objection, arguing that the evidence was both irrelevant and protected by the work product doctrine.
Relevancy of Evidence
Upon review, the court overruled the defendant’s objection. The court noted that the purpose of discovery is to disclose any relevant information so that the parties can come to a fair resolution of the issues of the case. The party seeking information via discovery must show that the information sought is relevant. Evidence is relevant if it tends to make a material fact more or less probable.