Why Are Truck Accident Spoliation Letters So Important?
by lauraramos | December 5th, 2022 | Truck Accidents
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.