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Tampered Evidence In A Truck Accident

On Behalf of | Nov 22, 2014 | Blog, TRUCK ACCIDENT INJURIES

When you are involved in a truck accident, many things can go awry between the time of the accident and receiving a possible settlement for damages. The time immediately following the accident is when you really need an experienced accident attorney who knows what to look for, and can prevent certain things from happening that would seriously damage your case.

Tampering With Crucial Evidence

Tampering with crucial evidence after a truck accident takes place is illegal and downright wrong, but it happens all too often when the driver of the truck may be at fault.

Truck drivers are required by law to maintain honest and accurate logbooks that contain information about the driver’s drive time and rest periods. There is a limit on how long a driver is allowed to operate a truck without a break. Driver fatigue has played a big role in many truck accidents, and the Federal Government has reduced the number of hours a driver can safely operate their truck to reduce the possibility of driver fatigue.

When a truck accident occurs, truck drivers are known for making fraudulent entries to cover-up the fact that they have violated the rules by driving too many consecutive hours without a break. Many trucking companies encourage this practice to reduce liability, and so their drivers can make faster deliveries.

The Preservation of Evidence

Another critical issue is the preservation of evidence. Every truck driver has an onboard data recorder on the truck, and it is extremely important to get to this device quickly before the data gets erased in the event of an accident. It is a common occurrence for trucking companies to make immediate repairs to a damaged truck just so they can erase the data saved on the recorder. This is a major setback in any case, because it makes it difficult to re-construct the accident accurately without this information. The data recorder contains crucial evidence about speed, braking, hours of service, and e-mail correspondence between the driver and the trucking company. Only an experienced attorney knows an immediate “spoliation letter” must be sent. This tells the trucking company that the damaged truck is evidence in a lawsuit and cannot be altered, touched, or repaired pending the court date. When a vehicle is the subject of litigation, this step is critical in the preservation of evidence. Without it a major case could be lost; one that could have been easily won had the evidence been preserved.

The Importance of a Skilled Attorney

If you have been involved in a truck accident, it is imperative that you seek representation immediately, because time is of the essence when it comes to the preservation of evidence. Our attorneys at DiCesare, Davidson, and Barker have the skill and experience that it takes to be successful when dealing with the trucking industry. We have the expertise to handle these special concerns and encourage you to call us and let us provide the immediate help you need.