You're seriously injured, struggling to recover, and just trying to figure out what happened. Meanwhile, the trucking company is busy erasing evidence that could prove it was their fault. Sounds like a nightmare? For many truck accident victims, it's a reality.
But you don't have to face this alone. An experienced St. Louis truck accident lawyer can take immediate action to protect your rights—and uncover the facts you need to get justice.
At Finney Injury Law, our skilled truck accident lawyers have seen firsthand how trucking companies try to avoid responsibility by destroying critical evidence. We are aware of the tactics they use and know how to counter them. Our team is committed to preserving the proof you need to build a strong case and secure the compensation you deserve.
What Kind of Evidence Do Trucking Companies Destroy?
Truck accident cases often hinge on data and records most people never think about—until they mysteriously disappear after a crash. Here are some of the most critical pieces of evidence trucking companies have been caught destroying:
- Black box data. Most commercial trucks are equipped with electronic logging devices that capture speed, braking, and other details from the moments leading up to a collision. This data can be erased or overwritten if it's not downloaded immediately.
- Driver logs. Truck drivers are required to track their hours and rest breaks. Unfortunately, some companies pressure them to falsify records or conveniently "lose" logs that show violations.
- Inspection and maintenance files. Trucking companies must regularly inspect and service their vehicles. Records showing missed oil changes, worn tires, or mechanical problems can be incredibly valuable evidence—which is why those documents sometimes disappear after a wreck.
- Dashcam footage. Many trucks are equipped with forward-facing cameras that can provide crucial evidence in the event of a crash. However, some companies have been accused of deleting damaging videos.
How to Preserve Critical Truck Accident Evidence
If you're hit by a commercial truck, one of the most important steps you can take is contacting an experienced truck accident attorney right away. Your lawyer can take several actions to protect vital evidence:
- Send a spoliation letter. This formal notice demands that the trucking company preserve all potentially relevant evidence and warns that destruction or alteration of records may result in court sanctions.
- File an emergency motion for a temporary restraining order. If necessary, your attorney can ask a court to issue an immediate order preventing the trucking company from erasing or tampering with evidence.
- Demand prompt production of evidence. In some cases, your lawyer may be able to obtain a court order requiring the trucking company to turn over key records and data right away so it can be secured before it disappears.
- Interview witnesses and document the scene. Your legal team can also take swift action to gather critical evidence by speaking with eyewitnesses, taking photos of the crash site and vehicle damage, and preserving physical evidence, such as torn tires or defective parts.
The sooner you get an experienced attorney involved, the better your chances of securing the proof you need to build a strong truck accident claim. That's why it's so important to contact a lawyer as soon as possible after a crash.
Why Evidence Preservation Matters for Your Claim
Without key evidence, it can be challenging to prove that a trucking company's negligence caused your injuries. Consider all the ways spoliation can affect your claim:
- Proving liability. Black box data, driver logs, and other records can provide critical proof that the trucker or trucking company was at fault for the crash. But if that evidence disappears, you may have a much harder time showing who was responsible.
- Documenting safety violations. Trucking companies are required to follow strict federal regulations governing everything from driver hours to vehicle maintenance. Inspection records, GPS data, and other documents can help establish a pattern of safety violations—but only if those records still exist.
- Calculating damages. Evidence like medical records, wage loss documentation, and expert analyses is essential for proving the full extent of your losses after a truck accident. If key information is destroyed, it can limit the compensation you're able to recover.
- Demonstrating comparative negligence. Missouri law allows injury victims to recover compensation even if they were partially at fault for an accident, but your damages can be reduced by your percentage of responsibility. Substantial evidence can help minimize allegations of comparative negligence and protect your right to full compensation.
Trucking companies recognize the importance of this evidence, which is why some will do everything possible to conceal it. That's why it's so critical to have an experienced attorney on your side who knows how to find and preserve the proof you need.
Don't Let the Trucking Company Undermine Your Claim
Destruction of evidence can completely derail your truck accident case—but you don't have to let that happen. A skilled lawyer can uncover and preserve evidence against even the biggest trucking companies.
If you were hurt in a St. Louis truck accident, the experienced truck accident attorneys at Finney Injury Law are ready to fight for you. We have the knowledge, experience, and resources to take on trucking companies and demand the evidence you need to prove your claim. With Finney Injury Law in your corner, you can focus on your recovery while we handle everything else.