Importance of Preservation of Evidence Letter in Trucking Accident Cases
January 16th, 2012 by
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A letter sent by an attorney under Georgia law to preserve evidence in a truck accident case is very important. This is because in trucking accident cases more so than other types of personal injury cases, there a tons of recorded information that is mandated to be kept by common carrier companies. As a georgia accident lawyer, I know that often times evidence is destroyed and the excuse is used by the defendant that the evidence would have been kept if only the defendant knew it was needed for the prosecution of the personal injury case. To avoid this problem and the loss of critical evidence in your truck accident case, Atlanta truck accident lawyers should always send what is called a spoliation of evidence letter to the insurance company and trucking company immediately upon being retained.
As mentioned, there are numerous items of potential evidence you want to make sure is specifically mentioned to be preserved, including: 1). The tractor-trailer itself; 2). permits of every kind; 3). maintenance records; 4). Inspection records; 5). The driver’s employment file, including specifically his or her driver’s qualification records; 6). all photographs of the vehicles involved in the accident; 7). any alcohol and drug testing done of the driver after the accident by the company; 8). all data from any and all on-board recording devices; 9). any trip reports, bills of lading, dispatch records, weight tickets involved with the trip being conducted at the time of the accident.
Spoliation of evidence letters is just one of many reasons why it is important to hire an experienced attorney as soon as possible to handle your Georgia truck accident case. If you would like to talk to an experienced atlanta personal injury attorney at Boling Rice LLC, please call us at (770) 887-3162.
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