Posted on Monday, December 5th, 2022 at 12:00 am
Being in a truck accident can be scary and the turmoil that follows even more troubling. In all likelihood, you’ll need to learn about the steps necessary to get compensation for damages and injuries.
One of the most important things to prove your claim is evidence. While you’ll likely be able to collect some proof of the accident on your own, you may have trouble collecting evidence from the trucking company involved in your accident.
Securing the support of a truck accident lawyer in Austin can prove to be the most vital step you take so that you can obtain justice. An Austin truck accident lawyer can work with you to send out a spoliation letter, which is a document that will inhibit the trucking company from acting in bad faith in providing evidence.
The team at Ramos James Law is here to explain why spoliation letters are so important for a successful case.
What Is a Spoliation Letter?
A spoliation letter is a formal request to the defendant (in this case the trucking company) to preserve any truck accident evidence related to your case. Your Austin truck accident attorney will draft one to make sure that the company, insurance, or other parties are aware that you need this evidence, and that they need to cooperate during the discovery phase.
Companies are required to keep 6 months’ worth of records, yet, some may attempt to alter or destroy evidence in order to avoid paying out on an accident they are responsible for.
The spoliation letter is intended to inhibit the destruction of evidence and there are typically legal repercussions if the company is caught doing so.
What’s Included in a Spoliation Letter?
The spoliation letter written by your Austin truck accident typically includes an in-depth request for any and all evidence in the defendant’s possession. This can include all or part of the following forms of evidence:
- permits, service records, and licenses for the truck involved in the accident
- the most recent status of the truck before the accident
- the truck itself
- records of the driver like drug test results, travel logs, daily logs, and medical evaluations
- maintenance and repair reports
- certifications, work history, and contract of the truck driver
- accident reports such as the police report and any company or third-party reports
- video and photos of the truck and accident scene
- GPS data
- emails, voicemails, and other correspondence related to the accident
- black box data from the truck
Why Are Spoliation Letters So Important?
Fighting against truck and insurance companies can be an uphill battle. You need a mountain of evidence that they can easily alter or destroy, and because they may want to avoid liability for your case, you may struggle to secure the evidence you need on your own.
A spoliation letter, however, means that they can be punished for missing or altered records.
Remember, evidence is the weapon your truck accident lawyer in Austin will need to get you the compensation you deserve. If you don’t have enough evidence, your claim will likely be denied.
Contact Ramos James Law, PLLC, To Get Your Truck Accident Case Rolling
Truck accidents can be so much more severe than car accidents because of the size of commercial trucks. Get the legal help you need so you can receive the compensation you deserve.
The Austin truck accident attorneys at Ramos James Law, PLLC, have plenty of experience in handling truck accidents with positive results. Contact our office today for a FREE consultation.
Posted on Monday, August 16th, 2021 at 9:44 pm
Hurricane season can be daunting for residents of South Texas. Not only do citizens of the Rio Grande Valley have to prepare for the unpredictable, but they also have to deal with concerns regarding flooding, lack of electricity, access to roads and limited resources.
But perhaps one of the biggest unexpected challenges is dealing with increased truck traffic. When hurricanes strike, there is generally an increase in demand for various products in the aftermath. This means more semi-trucks are on the road, which can easily lead to more road congestion, traffic delays, and traffic accidents.
The team at Ramos James Law, PLLC, understands that a serious truck accident can bring confusion, hurt, and frustration to victims. But you don’t have to face such a situation alone. The Austin truck accident attorneys are here to protect your rights and help you secure the justice you deserve.
When it comes to truck accidents and hurricane season, there are ways you can decrease the chances of an accident from occurring before, during, or even after a hurricane lands.
Know Your Evacuation Route
When a hurricane hits, it’s good to have an evacuation plan in case you need to leave your home. An evacuation plan will ensure that you and your loved ones are able to leave any potentially dangerous situation with plenty of time and – most importantly – safely.
Having a plan in place will also lessen any confusion should the need to evacuate arise, because you’ll know where you’re going and how you will get there.
Be Aware of Road Conditions and Route Changes
With a storm on its way, road conditions can quickly change. Whether it’s debris on the road, flooding, or any other situation, being aware of road conditions will allow you to drive more safely.
You can keep up with road conditions before and during a storm by visiting the Texas Department of Transportation website.
Respect Truck Drivers and Give Them the Right-of-Way
With fully loaded trailers, trucks can weigh anywhere between 10,000 to 25,000 pounds. With this much weight, it is better to give them the right-of-way and their space on the road. This will allow them to ensure safety for themselves and others.
Also, it is better to pass them quickly rather than staying in their blind spot.
Austin Truck Accidents Attorneys Ready to Protect Your Rights
If you or someone you know gets into a serious or fatal crash during a major storm, contact your
Austin truck accident lawyers at Ramos James Law. We take pride in doing what’s right for our clients and making sure they obtain the justice they deserve.