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The Importance of Preserving Evidence in a Serious Trucking Accident

by lauraramos | February 13th, 2019 | Accidents, General

A serious truck accident can result in life-altering physical and emotional damages – and in the worst cases –  death. If you or a loved one have been involved in a trucking accident as a result of a irresponsible driver, the trucking company, or a negligent third-party, you may be eligible for compensation.

Evidence is crucial when attempting to secure recovery for your personal injury claim. You need to be able to prove that the accident was the result of another party’s wrongdoing. It is important that you take action and ensure that all valuable evidence is preserved.

Negligent truck companies may attempt to destroy evidence or clean up their faults before an investigation occurs. To build a strong case and preserve evidence, seek the skillful Austin personal injury and truck accident attorney at Ramos James Law.

Types of Evidence to Preserve

There are various forms of evidence that are useful for strengthening your claim. It is also very important to be aware of statutes of limitations so that you can secure all meaningful records and documents immediately after your truck accident.

An experienced truck accident lawyer will have knowledge of securing electronic information from the data storage systems that most trucks have.

Types of data provided by Electronic Onboard Information include:

  • Truck’s patterns of speed, shifts, and braking
  • Duration of time that the truck was driven
  • GPS location of the truck
  • Communication from trucker to company
  • Daily inspection reports
  • Electronic logs

Other physical records that can be obtained for evidence include:

  • Trucker logs
  • Accident and driver reports
  • Accident scene photos
  • Truck inspection reports and compliance
  • Trucker’s qualifications
  • Trucker’s medical history
  • Trucker’s driving record
  • Cell phone records
  • Truck damage records

Trucking companies may not readily comply with your requests for documents and records. Because of this, you’ll want to seek out the qualified guidance of a truck accident attorney.

And the sooner, the better. Whether accidentally or purposely done, truck companies can lose valuable pieces of evidence, thus preventing you from securing the recovery that is rightfully yours.

Steps to Securing Your Claim

You’ll want to secure evidence and develop a strong case in order to prove the other party (or parties) are liable for your accident.

Consider taking these steps to begin the process of securing evidence:

  • Step 1: Call the experienced truck accident attorney, Laura Ramos James, as soon as you can.
  • Step 2: File a spoliation letter. Your attorney will craft this formal demand to preserve evidence. The spoliation letter is sent to the insurance and/or trucking company.
  • Step 3: Get the truck checked for damages immediately after the accident to avoid coverups. Truck companies may try to hide evidence of fault by repairing the truck before an investigation can take place.
  • Step 4: Gather your own medical records, evidence of damages, and eye witness testimonies.

The process of securing evidence can be overwhelming, that’s why working with a qualified attorney to guide you through the process is of utmost importance. At Ramos James Law, we’ll take the lead so that you can have time to rest and begin the healing process.

Remember, you are not alone and your pain deserves a voice.

Beware Bad Faith Tactics

Remember that truck and insurance companies want to avoid paying out the recovery that is owed to you. If a trucking company denies you the right to securing the evidence or is caught tampering with it to diminish your claim, they can suffer punitive damages and other legal consequences.

Call the knowledgeable Austin truck accident attorney at Ramos James Law today at (512) 537-3369 for more information on collecting truck accident evidence and securing your claim.