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Evidence Preservation in a Truck Accident Case - Guide

Posted by Alan Fassonaki | Apr 28, 2023

In Los Angeles truck accident litigation, the most important point to remember is that a truck accident claim should not be treated like a typical car accident case. In actuality, these types of personal injury cases are vastly distinct, necessitating a distinct approach from the outset. Failure to recognize the particulars of a truck accident lawsuit might have disastrous effects. In conclusion, the primary distinctions that must be considered in a truck accident case stem from two particular facts:

The transportation logistics sector is subject to numerous complex federal laws and regulations. Insurance coverage is typically extensive, but understanding the potential layers of coverage necessitates a certain amount of experience.

The Federal Motor Vehicle Safety Regulations (FMSVR) will almost undoubtedly affect every aspect of a truck accident lawsuit. These rules will affect everything from establishing negligence and liability to preserving trial evidence. Remember that these regulations require all trucking companies to maintain substantial insurance policy limits, but your truck accident attorney must know where to search for maximum effectiveness.

Preserving Evidence After a Truck Accident

The strength of your truck accident case will depend on your capacity to prove that the truck driver's carelessness was what led to your injuries. A typical trucking accident case will show significantly more evidence than a normal vehicle accident claim due to variables specific to the trucking business, federal rules, and technological improvements. To establish liability, identify additional defendants and insurance coverage, and refute allegations of comparative or contributory carelessness, this information may be essential. Despite the fact that practically all truck accident cases have this evidence, a capable lawyer is aware that it must first be maintained. The approach to the case should be based on this right away.

Your personal injury attorney's first order of business will be to ensure the preservation of all vehicle accident-related evidence. The sooner you consult with a truck accident attorney, the quicker they will be able to initiate this arduous process. After accepting a truck accident case, a competent truck accident attorney should always perform the following:

  • Send a preservation letter. Your truck accident attorney should send this promptly to all potential defendants who may possess crucial evidence for your case.  The 49 C.F.R. section 395.8 mandates that transportation companies keep certain evidence for six months. However, these regulations may not protect everything, and transportation companies can use them to justify the destruction of evidence after this period without a preservation letter. An experienced truck accident attorney is aware that this letter must inform the recipient of their duty to preserve evidence and specify what evidence is being sought. Ambiguity in this letter will only serve to complicate the evidence-gathering process and provide cover for the transportation company. If a transportation company destroys evidence after receiving this letter, you should discuss your right to file a spoliation claim with your truck accident attorney.  
  • Locate and secure any involved trucks. Due to the severity of the majority of truck accidents, insurance companies typically inspect the site of the accident. They will use the opportunity to inspect and secure the involved semi-truck. Regardless of how fast you contact a truck accident attorney, you are already at a disadvantage in this regard. However, a competent truck accident attorney is aware that there are means to equalize the playing field. Your truck accident attorney should promptly take steps to locate and secure the truck, taking precautions to ensure that it is not manipulated or tampered with. Remember that a technological device known as a "black box" may be essential to your claim, but only if it is properly preserved and protected. 
  • Find and secure the vehicle of the plaintiff. The vehicle you were operating contains a vast quantity of crucial information. Whether it be the markings on the car's body or the tire tread wear, in the hands of a skilled accident reconstruction expert, preserving the vehicle you were driving can be the key to winning a truck accident case.

About the Author

Alan Fassonaki

What inspired me to practice personal injury law? I was 9 and imagining the win. My mother was driving me to my basketball game. My older sister came along to support me. While on the road, I thought about practice and replayed our team's game-plan in my mind. Suddenly, I hea...

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