My name is Danielle Diaz. One of the things I've learned in life, both inside and outside the courtroom, is that it is important to not see others as your enemy. Even though you may see the prosecutor as your enemy, he or she is just trying to do a job. It may be possible that you can get a prosecutor or the judge to be sympathetic and get him or her on your side. In order to accomplish this, you need to understand the law. I feel that most individuals do not understand the law, which is why I was motivated to create this blog.
If you suffer severe injuries and damages in a truck crash, your top priority might be to hold the wrongdoer accountable for the accident. Doing so will enable you to get payments for the losses caused by the wreck. Unfortunately, getting compensation might be challenging, especially if the trucking company destroys essential evidence to avoid prosecution. Such an act could weaken your case, leaving you with less or no payment for your damages. Here's what you need to know about this illegal act and how a truck accident lawyer from a reputable personal injury law office can help.
Requirements for Preserving Evidence
Trucking companies are supposed to preserve essential information, including truckers' qualifications documents and records of their hours of service. In addition, they should maintain inspection and maintenance records. The law also requires motor carriers to keep records of alcohol test results to confirm their truckers were not intoxicated before they started driving. Unfortunately, some trucking companies do not keep these documents, while others destroy them when their big rig causes a collision.
Evidence is essential when filing an injury claim after a truck crash. Therefore, proving negligence might be challenging without evidence about the truck's working order or the driver's training documents. As a result, the court might award you a payment that may not be enough to cover all your damages. In addition, they might set the trucker and their employer free for lack of enough evidence. That's why you should consider contacting a legal advisor immediately after the crash so that they can take the necessary legal measures to protect crucial evidence.
How to Prevent Destruction of Evidence
Your legal advisor can prevent the trucking firm from damaging information to protect themselves or their at-fault driver. They will write to the management asking them not to destroy any information that will be useful in your case. For example, they might request the company to preserve the at-fault driver's qualification certificates and the semi's inspection documents. This information will guide investigators to know the areas to concentrate on during the investigation. The letter to the trucking firm will also contain your name, the trucking firm's name and address, and the damage caused by the collision. The motor carrier is supposed to provide all the information your attorney requires. However, if that fails, your attorney can get a court order to compel them to provide the necessary documents.
Getting your rightful payments after a truck accident can be challenging, especially if the truck company is determined to do everything possible to avoid facing the law. The worst scenario could be the destruction of evidence, making it challenging to prove your case. A personal injury attorney can help to prevent this by taking legal measures to prevent evidence destruction.