Evidence is the cornerstone of any motor vehicle accident case. Due to the complexity and different parties involved in truck accidents, solid evidence becomes especially critical. Unfortunately, trucking companies may attempt to shield themselves from liability by hiding or destroying evidence that supports the victim’s case. This practice is known as spoliation of evidence and can significantly impact the victim’s claim for compensation.
If you were injured in a truck accident, an award-winning attorney who knows how to handle the complexities of a truck accident case can help you obtain the evidence you need to pursue the compensation you deserve. At Wooten, Kimbrough, Damaso & Dennis, our attorneys have over 100 years of combined experience helping truck accident victims hold negligent parties fully responsible for the losses they have caused. When you choose our firm, you can trust us to fight aggressively for your rights and the maximum value of your claim.
What Types of Evidence May a Trucking Company Try to Hide?
If the trucking company breaks the law, those in charge may feel compelled to hide or destroy evidence of their wrongdoing so it cannot be used in court against them. A few pieces of evidence the trucking company may try to conceal include the following:
The Truck Involved in the Accident
After an accident, the truck might be towed or taken out of service. Photos of the truck’s condition immediately after the accident are vital for determining fault. However, an untrustworthy trucking company may try to hide the damage by quickly fixing the truck and getting it back on the road before your attorney can obtain the evidence.
The Truck’s Data
Semi-trucks come fitted with technology that captures key data and the driving habits of the person behind the wheel. This includes dash cam footage, GPS locations, and details on how the driver speeds up or brakes. Accident reconstructionists can analyze this data to piece together what happened, playing a crucial role in establishing liability.
Trucking Company Records
According to the Federal Motor Carrier Safety Administration (FMCSA), trucking companies must maintain comprehensive records of their trucks and drivers. This results from drug tests, driver logs, and personnel files. Trucking companies are legally obligated to have these records accessible in the event of an accident, as they can be instrumental in proving fault.
How an Experienced Attorney Can Help You With Spoliation of Evidence
Your attorney can send a spoliation letter to prevent the truck company from destroying crucial evidence. This letter advises the trucking company to preserve all evidence relevant to your accident for your claim. When evidence is unintentionally or intentionally destroyed, a claim may become impossible to pursue. If your attorney doesn’t send a spoliation letter, the company can hide or tamper with evidence, then say they did not know a claim was being filed.
If spoliation occurs after the letter was sent, it may reflect poorly on the trucking company. A defendant that destroys or fails to preserve evidence often indicates that it was evidence of their negligence, which can strengthen your case.
Partner With a Top-Notch Truck Accident Attorney at Wooten, Kimbrough, Damaso & Dennis
If you’re facing the aftermath of a truck accident, it’s vital to address the risk of evidence spoliation and ensure all crucial information is preserved. At Wooten, Kimbrough, Damaso & Dennis, we specialize in safeguarding the evidence critical to your case. We are proud to offer our clients experienced guidance and dedicated representation throughout the legal process.
Schedule a free consultation with a member of our seasoned legal team by calling (407) 843-7060 or completing our contact form today.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso & Dennis
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.