If you suffered injuries, damages, harm, or losses related to a trucking accident, you have the legal right to receive compensation from the negligent party. However, an investigation must first determine who the negligent party actually is for legal purposes. The truck driver, trucking company, cargo-loading company, or even manufacturer of trucking parts and components could remain liable for your injuries and losses. As a result, the most important foundation of your trucking accident case will rest on the evidence. Preserving evidence is critical in any accident case, but even more important in trucking accident cases.
Types of Evidence To Preserve in a Trucking Accident Case
Victims of trucking accidents need to preserve both physical and electronic evidence related to their trucking case, as well as ensure that the evidence remains it its original state and condition. Some of the types of evidence needed in a trucking accident case may include the following:
- The “black box” of the commercial truck. This electronic device contains specific data related to the truck’s speed, gear shifts, length of the time the truck was in operation, the GPS locations, communications between the trucking company and the truck, braking history, daily inspection reports and other reports filed by a truck driver
- Contact information of all drivers and witnesses including insurance information
- Daily, weekly, monthly, and yearly inspection records of the commercial truck including what parts were replaced or repaired
- Daily logs of the truck driver, indicating whether or not the truck driver follow the Hours of Service Regulations required under the federal regulations of the Federal Motor Carrier Safety Administration (FMCSA)
- The work history, training, and experience of the truck driver
- A listing of all complaints that exist against the truck driver, trucking company or cargo loading company
- Listing of any possible recall notices for any manufactured parts or components of the commercial truck
The most important step any victim can take following receiving medical evaluation and attention is issuing a spoliation letter to all possible liable parties associated with the trucking accident. A spoliation letter is extremely important because it requires all parties to preserve all evidence that may possibly be related to the trucking accident, even if the party would have the legal right to destroy it otherwise. This spoliation letter is critical as it alerts all parties of an impending lawsuit and requires them to preserve evidence under the law. Failure to do so can result in harsh penalties issued by the court.
Contact an Experienced Trucking Attorney
If you suffered any injuries or damages as a result of a trucking accident, immediate steps should be taken to preserve the evidence related to your accident. Contact the Dan Pruitt Law Firm to visit with an experienced trucking accident attorney and learn how we can help issue a spoliation and ensure all of the evidence is preserved in your trucking accident case. Contact us online or at (864) 280-7660 today for a free consultation.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.