If you were injured in a truck accident due to truck driver negligence, you should seek compensation for your injuries. Along with evidence of your injuries and related expenses, you will need to demonstrate how the driver was negligent or reckless. Evidence is the foundation of your case, and the more you have is better.
Preservation of evidence is crucial when dealing with the aftermath of a truck collision. Here is guidance on what evidence is important and how to make sure it is preserved.
You should collect pictures of the accident scene, a copy of the police report, documentation of lost wages and medical bills. Additionally, the trucking industry is heavily regulated by the Federal Motor Carrier Safety Administration to record data that could be beneficial to your case, including:
- Driver logs
- Inspection records
- Phone records
- Average speed
- Time driven
Most of this data is captured by an on-board event data recorder, often referred to as a black box.
How to preserve it
In most cases, the data recorded by the black box is erased or recorded over every 30 days. Trucking companies also only keep certain records for a limited amount of time. Even worse, the company could destroy evidence. One of the most effective ways to preserve this data is getting an attorney to file a spoliation letter.
This document formally demands that the trucking company preserves evidence that could be important to your case, even if it would be destroyed normally. If the motor carrier fails to preserve critical evidence, they could face consequences such as monetary sanctions, punitive damages and criminal charges.
Do not hesitate to take all action necessary to ensure important evidence is preserved. With stronger evidence, you can get the compensation you deserve. Contact a truck accident attorney for further guidance and to send a spoliation letter.