Under federal trucking laws, a truck company is legally allowed to destroy some of the critical types of evidence necessary to show driver negligence after a serious or fatal truck accident. The truck companies only have to preserve this evidence for 6 months, and they may be eager to destroy it once the time is up – leaving you with potential holes in your claim evidence.
To avoid this, an experienced Atlanta auto injury attorney will often use what’s known as a “spoliation” letter. A spoliation letter is a formal request sent to the truck company requiring them to protect and preserve critical documentation related to the accident. This means they cannot alter or destroy any of the log books, vehicle maintenance records or other important types of evidence that the company holds on the truck and driver involved in your crash.
If it’s found that the trucking company did destroy or tamper with this evidence during the 6-month window following the accident, or they fail to comply with the spoliation letter, they may be responsible for greater charges.
The best way to help obtain and preserve the important types of evidence in your truck accident claim is to hire an experienced Atlanta personal injury attorney. Your attorney can handle the formal submission of your spoliation letter and help you make sure that the truck company is in compliance with all of the proceedings in your truck accident injury claim.
Contact an Atlanta Auto Injury Attorney
After a serious or fatal truck accident, you and your family may be dealing with the grief of serious injury, loss of a loved one and financial burdens. During this difficult time it’s easy to get frustrated with your situation – you didn’t deserve to suffer due to the negligence of another!
At Shane Smith Law we help accident victims seek justice through an injury claim after they’ve suffered injury and losses due to negligent drivers. We have helped victims in Atlanta and the surrounding areas gather the important types of evidence for cases of accidents caused by drunk drivers, negligent truck drivers, and accidents resulting in serious or fatal injury.
Before making the decision to hire an Atlanta personal injury attorney, request a copy of our FREE eBooks, I Was Hit By a Drunk Driver: What Do I Do Next? and 10 Mistakes That Can Ruin Your Georgia Wreck Case. Our guides contain valuable information on how to handle filing a claim for serious injuries or wrongful death caused by a negligent driver. When you’re ready to get started on your claim, contact us to set up a FREE consultation – 1-770-487-8999.
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- Posted on 01/02/2015 Fraudulent Trucking Companies Find Bureaucratic Loopholes
- Posted on 12/18/2014 National Truck Driver Drug and Alcohol Test Database Proposed
- Posted on 12/15/2014 Passengers in Commercial Trucks can cause Distracted Driving
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