It is imperative that large trucks maintain safe driving speeds. Large commercial trucks including tractor trailers and 18-wheelers, delivery trucks and logging trucks carry heavy cargo weight and high cargo volumes. These can shift quickly causing the driver to lose control of the truck or its cargo. Despite these concerns, trucking companies are motivated by profits to push drivers to reach their destinations quickly, even at the risk of highway safety. If you are the victim of a truck accident it is important to have an experienced truck accident attorney in Clayton County who can get the proper compensation.
Trucking companies are covered by experienced insurance adjusters and investigators. Insurers quickly repair damaged trucking equipment, thus rendering it unavailable for inspection by a victim's attorneys.
Trucking companies are only required to keep specific records about cabs, trailers and drivers for limited amounts of time. An attorney can send a spoliation letter to a trucking company after an accident involving an 18-wheeler or other commercial truck. "Spoliation" is the destruction, concealment, loss or alteration of evidence and is illegal. A spoliation letter puts the trucking company on notice that it must preserve evidence related to the accident because an accident victim has a claim against the company. The victim's attorney may subsequently request accident-related evidence. Sending the spoliation letter promptly after an accident can preserve key evidence.
Event Data Recorders (EDRs) may help show if there were traffic violations or if drivers' actions contributed to an accident. The recorders can also help identify automobile defects, showing that the accident liability may belong to a truck's manufacturer. EDRs can be compared to a truck driver's personal log to determine if the driver's personally documented driving time corresponds to the computer-recorded data.
If you or someone you know has been hurt by a distracted truck driver, meet with a truck accident lawyer at the Law Offices of Shane Smith. We can assist you in every stage of your case including obtaining the available evidence.