WHY THE NEED TO PRESERVE EVIDENCE IN TRUCK ACCIDENT CASES?
Posted By Robert Sparks || Apr 24, 2013
One aspect of the investigation of a trucking accident involves the preservation of evidence. Simply put, the preservation of evidence is the collection of evidence related to the accident in question so that one is given the opportunity to pursue an injury claim. Generally, unless there is a statutory law, a defendant would not have the duty to preserve evidence until litigation is pursued making it essential for the injured party (by and through their representation) to preserve as much evidence related to the accident to ensure it is not later lost, destroyed, or tampered with.
In many cases involving trucking crashes, evidence can be lost and adequate preservation helps avoid a potentially devastating blow to an injured parties’ case. Therefore, when possible, all of the vehicles involved in the accident should be immediately preserved. The preservation of the vehicles can provide additional facts of the case, including the vehicles maintenance history, the speeds of the vehicles at the time of impact, and the exact location of the impact on the vehicles’ exteriors. Often times the content of the vehicles lead to additional evidence including vehicle logs and service and maintenance records.
If you have been a victim of a trucking accident it is imperative that you consult with a trucking accident attorney so that the investigation of your claim and the preservation of evidence can begin. The difference in a successful case may be how quickly your attorney moves to preserve the evidence.