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What Is Evidence Preservation?

Jun 01, 2021

Truck accidents are among the most serious accidents that occur on the road. Trucks can weigh up to 30 times more than a standard passenger vehicle, making even a minor collision much more likely to lead to catastrophic injury, or even death.

In the wake of a truck accident, evidence regarding the circumstances that led to the crash can provide a personal injury attorney with vital information, but the evidence they need may not be permanently available. In fact, if a truck accident attorney doesn’t act quickly, they may lose the evidence they need to secure compensation for an injured victim.

Below, we’ll discuss the importance of evidence preservation in more detail and explain a few things an attorney will look for when pursuing compensation in a case. If you have any questions or would like to speak to an experienced Atlanta truck accident attorney , contact The Fairell Firm to schedule a consultation.

What Counts as Evidence?

In any personal injury case, an injured victim (or their attorney) will need to prove that another party’s negligence, recklessness, or malicious intent caused them to suffer the losses they sustained in the accident. Truck accidents are often complex due to the fact that the fault may lie with another party, or even several. If a defective part, poor maintenance, and reckless driving all played a role in a crash, for instance, the set of evidence required to prove the claim will be more extensive than the evidence required to prove that a driver was simply negligent.

In other words, there’s no one-size-fits-all answer to this question because truck accidents are often complex and require thorough investigation. That said, the following items are commonly gathered as evidence in truck accident cases:

  • Inspection history and maintenance schedule
  • History of roadside inspections and on-the-road problems
  • Any repairs that have been made
  • Tests and diagnostic information
  • The company’s training program, policies, and available resources
  • The driver’s history and daily road logs
  • Complaints against the driver and/or company
  • Onboard data storage about the driver’s actions leading up to the crash

How Does a Truck Accident Attorney Gather Evidence?

Truck accident attorneys begin gathering evidence immediately after an injured victim has decided to work with them. This is because although the sources of possible evidence are numerous, trucking companies have access to highly experienced legal experts who will begin mounting a defense within moments of being notified that a crash occurred. In fact, some companies have dispatch teams that can be on the scene before first responders.

These legal teams aren’t just dedicated to mounting a defense on behalf of the trucking company — their job is to go on offense and take evidence off the table as soon as possible. This may mean erasing data, sealing documents, and exploiting other regulatory loopholes to keep victims from pursuing compensation.

Truck accident attorneys fighting for victims aren’t without options, though. They can file formal written notices known as preservation letters to make sure that evidence isn’t erased or destroyed as the case is investigated. If a company violates a notice, they could risk being penalized in court or losing the case altogether. The sooner an attorney can file preservation letters after an accident has occurred, the sooner they can begin working to secure compensation.

What Else Should an Injured Victim Know About Evidence in Truck Accident Cases?

Evidence about the accident isn’t the only evidence that could be relevant in a case. Information about how the accident has affected them personally, financially, and emotionally can all be used by a personal injury attorney as they work toward a fair and just settlement. Keeping a journal about your experience after the crash is often a valuable way to help your attorney draw connections between the accident and the outcome.

Evidence is also a two-way street. It’s important to be completely honest with your attorney about everything you did and experienced leading up to the crash, even if you think it might put you at fault. You can never be certain of the circumstances that caused a crash to occur, and it’s always best for your attorney to have all of the relevant details ahead of time so that they aren’t surprised in court.

Contact an Experienced Truck Accident Attorney in Atlanta

We hope this post will help you understand the importance of evidence in a truck accident case. If you have additional questions about what might count as evidence in a truck accident case, the best place to start is to contact an experienced personal injury attorney specializing in truck accidents.

The attorneys at The Fairell Firm are all highly competent and experienced with truck accident cases , and we’re here to fight on your behalf for fair and just compensation for your injuries. Contact our office today to schedule a consultation.

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