A spoliation letter is one way that both hard copies and electronic evidence in a truck accident case can be preserved. Usually, your attorney will submit this letter to the trucking company, warning it of the legal ramifications for failure to comply.
How a Spoliation Letter Can Help Protect a Truck Accident Case
One of the advantages for a truck accident victim is access to evidence that isn’t normally available in a typical passenger car crash. For instance, the personnel file on a truck driver can provide much more information about the individual behind the wheel than you would usually discover. This may include driving history, training, results from alcohol/drug testing and citations.
Additionally, there could be relevant information surrounding the truck itself -- such as inspection reports -- that show a failure in maintenance. This may reveal faulty equipment was to blame for the accident. Records from the trucking company may illustrate clear violations, for example, when federal driving limits are exceeded or the employer allows an employee without a proper license to operate the truck.
Although these resources can be critical to a case, they can be tampered with or altered easily. Information might be erased; records could be changed, and documentation might be hidden. This is when a spoliation letter can help preserve evidence. Most of these letters will address specific types of documents that are to be kept intact.
Importance of Securing Legal Representation for Serious or Fatal Injuries
Protecting one’s claim and rights is best done with legal help. Truck accident cases can be complicated, with federal laws that may apply and different types of evidence that could help build a strong case. In addition, there are usually significant injuries or a wrongful death. An attorney will help ensure everything is handled in an appropriate and timely manner at The Miley Legal Group. Give us a call today: 304-931-4088.