Investigations after a trucking accident in Redmond will depend heavily on evidence that is in the possession of the trucking company. A company may have valuable bits of documentation, including records, and logs that may help build your claim.
However, if the truck business destroys those records, then you may lose the chance to collect valuable evidence that could help you build a solid claim against the trucking company. You can prevent the company from destroying evidence by sending a spoliation letter.
A spoliation letter is a letter that is drafted by a lawyer and is sent to the truck corporation, specifically requesting the company to preserve certain types of evidence as required. You can also send a spoliation letter to other related parties in the accident, like a shipping company, or a maintenance and repair company, asking them to preserve evidence too.
Useful information, considering that, based on National Highway and Transportation Safety Administration truck accident statistics show that in 2012, 44 large trucks were involved in fatal car accidents in Washington.
What does a spoliation letter contain?
A spoliation letter will typically include your intention to file a claim against the company. It puts the trucking company on notice about your intention to file a claim against the company, preventing the business from destroying evidence. A trucking company can face sanctions if it destroys evidence even after receiving your spoliation letter. Don't underestimate the impact of a spoliation letter in preserving evidence related to your accident.
Types of Evidence You Can Ask the Trucking Company to Preserve in a Spoliation Letter
Your spoliation letter must also contain examples of the kinds of documents and records that you want the Redmond trucking company to preserve.
The pieces of evidence and information can include the following.
• Details of the trucking company’s insurance policy
• Specifications of the truck involved in the accident
• Information on the status of the truck's permits
• Driver alcohol and drug testing records
• Driver logs
• Digital data from the electronic onboard data recorder
• Information about the truck driver, including personnel information on record, medical testing records, and qualification information
• Photographic images of the truck involved in the accident
• Maintenance and repair reports on the vehicle involved in the accident
A spoliation letter is a key tool specific to truck crashes that you can use to put pressure on the company to retain and preserve evidence to which you wouldn't otherwise have access. Call 425-399-7000 to speak with Redmond trucking accident lawyer Max Myers for help drafting a spoliation letter, and begin the process of filing your trucking accident claim. You can also fill out the contact form for a consultation.
