After a Truck Accident: How to Preserve Evidence & Protect Your CaseApril 19, 2018
The preservation of evidence can be pivotal to the success of any accident claim, including those arising from truck wrecks. After all, evidence can be the key to proving fault and determining the extent of victims’ losses. In many cases, some of the most important evidence for these claims is available in the minutes, hours, days and weeks after the wreck.
Now consider this: Truck accident claims are commonly complicated, potentially involving weeks to months of investigations by insurance companies (and possibly others) to determine the severity of victims’ injuries, liability and/or other important factors.
As a result, preserving your evidence related to the truck accident can be important to preserving the strength of your claim and setting it up for a successful outcome.
The following shares some helpful insider tips for preserving evidence after a truck accident. While these insights are helpful, contact The Amaro Law Firm whenever you are ready for essential legal advice regarding your potential claim(s).
6 Ways to Preserve Evidence for a Future Claim
Truckers who are hurt in wrecks may have a workers’ compensation claim and/or a personal injury claim. Our firm specializes in helping truck drivers with personal injury claims against at fault and responsible third parties outside the worker’s compensation claim. Whether you eligible to pursue either or both of these claims, you can do the following to preserve important case-related evidence:
- Seek Prompt Medical Attention – This is crucial to documenting your accident-related injuries and assuring that details regarding their extent and severity are preserved in your medical records.
- Request a Copy of the Police Accident Report – The accident report can contain and preserve key evidence like law enforcement officials’ fault findings; the names, contact information and statements of witnesses; any citations issued or arrests made immediately after the accident; and much more. Because this information can be easy to forget, misremember or lose track of later, having a copy of the police report can be helpful to preserving these crucial details.
- Send Spoliation Letters – These are formal written notices directing some party to retain certain items (evidence) related to a legal claim arising from some event (like an accident). Spoliation letters may also be referred to as litigation hold letters or stop destruction In truck accident cases, these can be crucial to send to motor carriers, who are only obligated (by state or federal trucking regulations) to retain certain records for a discrete period of time. A spoliation letter can prevent motor carriers from destroying important evidence after recordkeeping requirements have expired.
Are You a Trucker Who Has Been Hurt in a Wreck?
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- Return to the Accident Scene – Revisiting the accident scene may uncover other evidence that was not readily apparent right after the wreck, like crash debris near the site, tire tread marks on the road and/or nearby surveillance cameras that may have recorded the collision. As such, this can be another pivotal way collect and preserve more evidence related to a claim.
- Keep All Documents Related to the Accident & Resulting Injuries – Generally, it’s advisable to keep documentation and other evidence in a single location, like a binder, an accordion folder or a plastic storage bin. However you choose to maintain this evidence, be sure to keep it in a place where it won’t be susceptible to water, animal or other damage.
- Create Electronic Records of Your Evidence – For documents, pictures and other evidence, consider creating a backup record by scanning each item to develop an electronic file version. This can be helpful if the physical copies get lost or destroyed. It can also be important to having easy, immediate access to this evidence later, like when it’s time to consult an attorney and move forward with your claim.
Get Essential Answers & Advocacy: Contact a Truck Accident Lawyer at the Amaro Law Firm
An experienced truck accident lawyer at the Amaro Law Firm is ready to help you determine your options for financial recovery if you or a loved one is a trucker who has been hurt in a wreck.
Call (713) 352-7975, text (281) 612-8024 or email our firm for your FREE, no obligations consultation.
Skilled at helping our clients gather, preserve and present evidence for their claims, our attorneys can help you:
- Pursue all available legal remedies, including workers’ compensation claims and/or personal injury claims
- Build the strongest possible claims
- Bring these claims to the best possible outcomes.