Evidence is usually the cornerstone of any personal injury claim, and truck accident cases are no exception. In the aftermath of a truck collision, clear and comprehensive evidence about the circumstances and causes of the crash can substantially influence the outcome of any subsequent legal proceedings. However, when crucial evidence disappears or is intentionally destroyed, a phenomenon called “evidence spoliation” may occur. This article provides an overview of evidence spoliation in truck accident personal injury cases, including what it is, why it happens, and how courts address and penalize it.
Georgia Lawyers for Truck Driving Attorneys
Lead Attorney Kathy McArthur has been a trial attorney in Georgia since 1980, and has helped innumerable clients hurt in trucking accidents claim compensation. The personal injury lawyers at McArthur Law Firm are the best in the state and are ready to hear your case.
If you have been injured in a trucking accident, contact McArthur Law Firm today.
For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
What is Evidence Spoliation
Evidence spoliation refers to the act of altering, hiding, or destroying evidence that is relevant to pending or future litigation. Whether done intentionally or through negligence, spoliation hinders the legal process by depriving opposing parties and the court of information needed to reach an appropriate determination of fault and damages. In trucking accidents, the stakes can be high, and preserving key evidence is essential to building an accurate picture of liability and damages.
Evidence in Truck Accident Cases
Truck accidents often involve large, commercial vehicles subject to extensive federal and state regulations. Given their size and complexity, trucks produce – and require – more detailed data and documentation than passenger vehicles. Key pieces of evidence in truck accident cases include:
- Electronic Logging Device (ELD) Data
Modern commercial trucks typically have electronic logging devices. These digital records document the driver’s hours of service, rest breaks, and potential violations of trucking regulations. - Driver Logs and Maintenance Records
Even if a truck does not have an ELD or if digital data is incomplete, written driver logs and maintenance records can verify or contradict driver statements and reveal if the trucking company complied with safety regulations. - Truck Engine Control Module (ECM) Data
The ECM (often referred to as the vehicle’s “black box”) records crucial information such as speed, braking, acceleration, and engine performance before and during an accident. - Surveillance Footage and Dashcam Recordings
Camera footage may show how the collision occurred and whether the truck driver or other motorists acted negligently. - Inspection and Post-Crash Reports
Reports from law enforcement or federal agencies (such as the Federal Motor Carrier Safety Administration) can detail findings of mechanical or regulatory non-compliance.
In situations where evidence is lost, tampered with, or destroyed, proving fault and determining damages becomes more difficult—sometimes impossible.
Common Reasons for Evidence Spoliation in Truck Accident Cases
Though federal laws require trucking companies to retain certain records for a specified period, spoliation can still happen. Some potential reasons include:
- Negligent Destruction: Overwriting data, losing physical documents, failing to maintain digital backups, or discarding routine paperwork (logbooks, maintenance records) too early or without proper documentation.
- Intentional Destruction: In some cases, a party may destroy or conceal evidence to avoid legal liability, fines, or reputational harm.
- Delayed Preservation Measures: Evidence can be lost if the injured party’s legal team does not immediately request the preservation of key documentation or does not move quickly to obtain court orders preventing destruction.
Legal Consequences of Evidence Spoliation
Courts take evidence spoliation seriously because it undermines the fairness and integrity of the judicial process. Potential consequences include:
- Adverse Inference Instruction: A judge may instruct a jury that it can assume the missing or destroyed evidence would have been unfavorable to the spoliating party.
- Striking of Pleadings or Defense: In extreme cases, courts may dismiss the spoliating party’s defenses or claims, effectively handing victory to the other side.
- Monetary Sanctions: Judges can impose fines to penalize a party for willful or negligent destruction of evidence.
- Criminal Contempt Charges: If spoliation is intentional and egregious, the responsible party could face criminal contempt proceedings.
Preserving Evidence to Prevent Spoliation
Because evidence can vanish quickly after a truck accident, attorneys have to move quickly. Below are just some of the actions we may take after accepting a personal injury case to ensure evidence preservation:
- Send a Preservation Letter: As soon as possible, attorneys typically send a written notice (often referred to as a “spoliation letter”) to the trucking company or other relevant parties, instructing them to retain all records related to the accident. This allows the courts to later see what evidence, if any, was lost.
- Obtain Court Orders When Necessary: If there is concern that evidence may be destroyed or withheld, an attorney can seek a court order to compel the preservation of critical data and documentation. If the defense then destroys or withholds the evidence, they can be found in contempt of court.
- Hire Experts for an Independent Investigation: Accident reconstructionists and forensic experts can help obtain and interpret electronic and mechanical data. They can also inspect the truck and crash site to gather photographs, measurements, and physical evidence.
- Collect Third-Party Data: If cameras from nearby businesses or traffic signals captured the accident, gathering this footage quickly is crucial before it’s deleted or overwritten. This step is critical and time-sensitive as most businesses operate on a 24 or 72-hour camera cycle.
Hire an Attorney for Trucking Accidents
Evidence spoliation can profoundly affect the outcome of truck accident personal injury cases by depriving victims and courts of the information necessary to determine fault and calculate damages. Given the complexity and regulatory requirements that characterize the trucking industry, the importance of preserving data – from driver logs to electronic control modules – cannot be overstated. Whether spoliation is inadvertent or intentional, courts have a range of sanctions at their disposal to protect the integrity of the judicial process but it takes someone with full knowledge of the law to compel the courts to action.
For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
