Preserving Evidence in Trucking Accident Cases

The number of accidents involving large commercial trucks on the roadways of the United States has increased by 20% in the last twenty years. Although large trucks, such as semi- trucks and tractor-trailers, are only responsible for 3% of injury-causing vehicle accidents, these accidents cause far greater harm than typical motor vehicle accidents. In addition to the scope and severity of these accidents, it can be difficult to get information about what actually was the cause of the trucking accident. If you happen to be the victim of a trucking accident, the question of who is responsible and what caused the trucking accident is infinitely more complex and complicated than an ordinary automobile collision. There are often many parties involved, including the driver of the truck, the trucking company, the manufacturer, and the vehicle’s owner. It is critical to preserve evidence regarding your trucking accident as quickly as possible in order to ensure your legal rights are protected.

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Collection of Evidence in Your Trucking Accident Case

In the case of a trucking accident, you may seek to file a personal injury claim in order to obtain compensation for property damages, lost wages, medical bills, and pain and suffering. When you are the victim of a trucking accident you may have a case against the truck driver, trucking company, manufacturer of a defective trucking part or component, a third party that repaired or inspected the truck, or the third party that overloaded the truck, or loaded the truck incorrectly resulting in the accident. Collecting evidence as quickly as possible following a trucking accident will help ensure that you can build a strong personal injury case against the correct party and receive compensation for your injuries and losses. Some of the common reasons that accidents occur involve large commercial trucks include the following:

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● Fatigue leading to drowsy driving or falling asleep at the wheel

● Operating the commercial truck under the influence of drugs or alcohol

● Failure to receive proper training regarding operating a large commercial truck

● Speeding, or failing to follow traffic laws or guidelines

● Distracted driving

● Overloading cargo or improperly secured cargo

● Manufacturing defect of a part or component on the commercial truck

● Failure of a mechanic or third party to properly maintain or repair any part or component

on the commercial truck

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Types of Evidence To Preserve

It is imperative that both physical and electronic evidence remains intact regarding a commercial trucking accident case in order to preserve the evidence regarding which party acted with negligence, resulting in your injuries and losses. The evidence can prove and piece together information regarding the actions of the truck driver, other vehicles, and even the cargo of the commercial truck. Some of the types of evidence that need to be preserved in a trucking accident case include the following:

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● All contact numbers and insurance information of the drivers and the witnesses

● The “black box” of the commercial truck, which records important data regarding the

speed, stopping, or rest periods of the truck and driver

● Regular inspection reports

● Roadside inspection documents

● The truck driver’s daily logs

● Repair and maintenance records of the truck

● The driver’s training records and employment history

● Any complaints that exist against the truck driver or the trucking company

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Preserving Evidence Through a Spoliation Letter

The most important step in building a strong personal injury case following a truck accident is to issue a spoliation letter to everyone who is involved, including the truck driver, the owner of the truck, the trucking company, and other parties who may be responsible. The precise wording of the spoliation letter will depend on the details and circumstances of your case, but its purpose is to inform all parties that there is an impending lawsuit, and they have a legal obligation to preserve and retain all evidence, even if they would normally have the right to destroy it. If any party fails to preserve evidence, they could be charged with punitive damages, monetary sanctions, or even criminal charges.

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The Federal Motor Carrier Safety Regulations (FMCSR) mandates that certain documents be kept only for a certain time period. It is important not to wait too long to hire an attorney, since documentation and evidence in a trucking accident case are critical to proving liability and responsibility for your injuries and losses. If too much time passes, some of the evidence may be destroyed before your lawyer has a chance to request it. To ensure your legal rights are protected and you have the possibility to pursue justice against those who caused your injuries as a result of their negligence, you should visit with an experienced personal injury attorney as soon as possible.

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Contact an Experienced Trucking Accident Attorney Today

When you hire an attorney, he or she can begin to collect, examine, and preserve key evidence needed in your trucking accident case. You have the legal right to pursue compensation for your medical bills, property damage, lost wages, and pain and suffering that were caused due to someone else’s negligence. Since preservation of evidence is critical to your case, contact the personal injury attorneys at Sandoval Law, APC. Let us help you start crafting a spoliation letter, conduct an independent investigation of the trucking accident, and ensure your legal rights are protected.

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