Lots of victims of truck accidents in Clarksburg wonder, "Why write a preservation letter?" Important truck driver and company records often “disappear” when truck accident victims file accident claims against the company.
The purpose of a preservation letter, also known as a spoliation letter, is to prevent this; to remind the trucking company of its legal duty to preserve certain documents which could serve as evidence in a truck accident claim.
The Importance of Sending the Preservation Letter without Delay
The primary reason that you should not delay in getting an attorney to send out a preservation letter is because the company could shred important evidence if you wait too long. Truck companies are only legally bound to hold records for a certain amount of time.
For instance, the Federal Motor Carrier Safety Administration (FMCSA) specifies that truck companies only have to retain driver logbooks for six months. These logbooks detail a truck driver’s hours, routes, and downtime.
Truck drivers’ logbooks may show that the drivers break the rules and drive more hours than the law allows. If they do, their employers can be liable in a truck accident lawsuit. If you don’t have an attorney send out a letter for you as soon as possible, the company may shred the logbooks and other evidence you need to prove your case.
In addition to including a list of important documents the company must keep, the preservation letter will also remind the company of the legal penalties and sanctions that could ensue if they sidestep the law. A well-drafted letter of preservation might help to deter the company from destroying important documents. If the company ruins the evidence despite the law, your lawyer will take the necessary legal action to hold them accountable for their actions.
Truck Accident Firm in Clarksburg Can Help with Your Preservation Letter
If you or your loved one were recently injured a truck accident in Clarksburg our legal team at the Miley Legal Group may be of service to you. We represent injured victims and their families and help them obtain financial settlements for their losses. Contact us today for a free legal consultation at 304-931-4088.