What Happens When Truck Wreck Evidence is Destroyed

Texas trucker might destroy evidence after a wreck

In order to win your Texas truck wreck claim, it's essential that you prove the accident was the truck driver's fault. Despite the fact that federal law requires truckers to maintain driving records, these pieces of evidence can be destroyed in a traffic crash. Additionally, evidence is occasionally destroyed intentionally by a trucker who wants to cover up their mistakes. 

Can You Win a Truck Wreck Case Without Evidence? 

As a Fort Worth personal injury attorney, I can tell you that it's always better to have evidence that proves the trucker caused the wreck. This kind of evidence might include things like cell phone records (that would show the driver was distracted at the time of the accident), work logs and on-board recorder (that would show the driver was overworked and perhaps fell asleep at the wheel), post-wreck drug test (that would show the driver was intoxicated at the time of the accident), etc.

However, in situations where the evidence is unavailable, not all is lost. In these cases, I'd highly recommend hiring a personal injury attorney. An attorney knows how to handle the lost evidence and knows ways to work around this missing information. 

Regardless of whether or not the spoliation of evidence was intentional, trucking companies can face sanctions for missing evidence relevant to a hurt victim's claim. These sanctions and their severity will depending on the individual case and the court in which it is tried.

Also Read: Don’t Rush to Settle Your Texas Truck Wreck Claim

Hire an Attorney Quickly Can Deter Destroyed Evidence

Hiring a Texas accident lawyer quickly can help eliminate the threat of evidence spoliation. 

Once hired, a lawyer can draft a letter to the motor carrier company demanding that all pertinent evidence be and preserved and not destroyed, discarded, altered, charged or repaired in any manner. The sooner that you hire a lawyer, the sooner a spoliation letter can be sent, which means it's more likely that valuable evidence will be preserved.

It is always in your best interest to hire a Fort Worth personal injury lawyer as soon as possible. Contact the Anderson Law Firm to speak with a board certified trial attorney today. Call toll free at 800-354-6275 or locally at 817-294-1900.

Download My Free Guide

If you or someone you love has been hurt in a semi-truck accident, it’s easy to feel overwhelmed. You’re missing work, you might have unpaid medical bills, you’re in pain and you feel uncertain about the future.

I wrote this guide to help accident victims understand the right steps to take after an accident to ensure they get the money they need to pay for their injuries, damages, lost wages and pain and suffering. 

Download my free guide now: How to Make a Successful Truck Wreck Claim in Texas


Other Articles You Might Be Interested In:

What Kind of Information is Stored on a Truck’s Computer After an Accident?

Proving That a Commercial Motor Carrier was in Violation of “On-Duty” Laws

Vicarious Liability: The Legal Responsibility of Employers

Semi-Truck Wrecks Caused by Poor Vehicle Maintenance

Deadly Injuries Caused by Texas Semi-Trucks

Mark A. Anderson
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Board Certified Personal Injury Lawyer in Fort Worth, Texas