California tractor-trailer accident cases pose unique evidentiary challenges that are not necessarily present in other motor vehicle accident cases. Trucking companies have immense financial resources and often employ investigative teams that can be on the scene of a tractor-trailer accident within minutes of a collision to begin developing a defense strategy. While federal and/or state regulations may require a trucking company and truck driver to preserve certain evidence for a six month period of time, trucking companies often destroy this evidence as soon as they are legally permitted to do so. Many trucking companies actually have record retention policies that exist primarily so that the destruction of potential damaging evidence appears to be nothing more than a routine business practice.
There are many documents that may be critical in establishing liability in a tractor-trailer accident case, such as driver logbooks, fuel or lodging receipts, and weigh tickets. These documents can provide critical evidenced regarding compliance with hours of service rules, vehicle maintenance, excessive loads, and other factors that can easily cause a serious trucking accident. Violations of hours of service rules that result in driver fatigue are a particularly frequent cause of commercial trucking accidents.
Our experienced San Francisco truck accident attorneys frequently use “spoliation letters” to prevent the destruction of such evidence. A spoliation letter puts the trucking company on notice that certain documents or other items are evidence in potential litigation and must be preserved. The spoliation letter also will advise the trucking company that destruction of the indicated evidence may result in monetary sanctions or even a presumption that the evidence would have been adverse to the defendant’s case.
There is other critical evidence that our San Francisco trucking accident lawyers take steps to preserve, including any truck vehicle damage, information stored in an onboard data recorders, and GPS tracking data. These can provide valuable evidence of liability so we typically indicate that this evidence must be preserved in a spoliation letter. Many trucking companies immediately repair tractor-trailers and put them back in service. However, any repair of the vehicle may make it harder for an accident reconstruction expert to analyze how the accident occurred. Critical information in the onboard data recorder may also be erased if the truck is put back in service immediately. The onboard data recorder may provide critical evidence about liability, such as vehicle speed, sudden braking, hours of service issues, vehicle maintenance problems and emails between the truck driver and trucking company.
If you or someone you love has been injured or a loved one has died in a trucking accident in San Francisco or anywhere in the Bay Area, an experienced San Francisco truck accident attorney from our law firm may be able to take the immediate steps to preserve important accident evidence. We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.
Call (800) 266-5000 to speak with an experienced California truck accident attorney about your case today.