Why Trucking Companies Destroy Evidence and How You Can Stop Them?

Evidence is crucial when seeking accountability and closure after a devastating truck accident. However, it is disheartening that some trucking companies find ways to destroy them, adding an extra layer of anguish to an already distressing situation.

This unscrupulous behavior may prevent you from claiming what is yours rightfully. Thus, you must understand the motives behind why these companies destroy evidence, becoming indifferent to the victims’ lives.

At Nordean Law, we are committed to protecting and preserving every critical piece of evidence a trucking company wants to destroy.

What is the evidence that a company tries to destroy?

Companies attempt to destroy evidence depending on the context and legal circumstances. Such evidence that a company may destroy include:

• Electronic data records (Black Boxes)
• Vehicle maintenance logs
• Driver logs
• Surveillance footages
• Communication records
• Driver training records
• Accident reports
• Any data records that could demonstrate the failure to comply with safety regulations

The destruction of evidence obstructs investigations, depriving victims of the opportunity to prove liability and pursue rightful compensation.

Therefore, legal authorities and involved parties must act promptly and decisively to safeguard evidence.

Why does a trucking company destroy evidence?

Trucking companies destroy evidence for various reasons, primarily to protect their interest. Legal judgments can cause a company significant financial loss if proven negligent. The company must compensate the victims and may also have to pay punitive damages. To reduce or eliminate liability and compensation, the company may try to destroy evidence that could prove their negligence or fault.

Besides, incriminating evidence can lead to negative media coverage, damaging the company’s reputation and potentially affecting business operations. By removing the evidence, the company tries to manage its public image. They try to erase or destroy traces that could implicate the company's responsibility, including electronic records and internal communications.

What are the common methods used by trucking companies to destroy the evidence?

Trucking companies use various tactics, from erasing physical evidence to distorting the causes of accidents to hide their accountability. Here are a few methods they use to destroy evidence:

• Attempting to blame the victim: Manipulating statements or questioning the victim's credibility.
  
  
• Disputing the extent of injuries: Undermining the victim's injuries, blaming that the injuries were pre-existing or were not caused by the accident.
  
  
• Destroying electronic and physical evidence: Deleting records from electronic logging devices that track service hours or GPS data; destroying paper documents such as maintenance logs or editing footage from dashboards that could reveal negligence.
  
  
• Shifting liability to third parties: Blaming equipment manufacturers if defective products have caused the accident. Arguing that local government contractors responsible for road maintenance and design are at fault.
  
  
• Shaping witness testimonies: Providing incentives, financial or otherwise, for witnesses to modify their testimony to benefit the trucking company.

When can truck companies destroy evidence?

Truck companies are legally prohibited from destroying evidence relevant to a truck accident investigation. The legal system punishes the companies that destroy evidence, as it can suggest they are trying to hide mistakes or wrongdoing, undermining the fairness of legal cases.

What are the consequences of destroying evidence?

Strict legal and regulatory measures are in place to discourage and punish the companies that destroy evidence. Such action can lead to criminal charges, including obstruction of justice or tampering with evidence. Additionally, there can be significant civil consequences, such as penalties or fines imposed by the court.

How can you stop evidence destruction?

The victims must respond quickly to counteract the potential attempts of the trucking company. Here are certain actions you can take to stop evidence destruction from the other party:

• Send a spoliation letter to the involved company to create a clear legal obligation for them not to destroy evidence.
  
  
• File a temporary restraining order to legally prevent the trucking company from altering evidence related to the accident.
  
  
• Gather on site evidence quickly to ensure an accurate scene record before any changes occur.
  
  
• Hire an expert accident reconstructionist as they quickly analyze the vehicle damage, skid marks, and other physical evidence at the scene.
  
  
• Collect statements from witnesses as soon as possible to secure their accurate and detailed recollection of the accident.

In addition to taking the legal actions mentioned above, you can consult a skilled legal professional to learn more about preserving evidence.

Why do you need a lawyer for your truck accident case?

Hiring a truck accident lawyer for your case is crucial as they fight for your lawful compensation and ensure you don’t settle for less.

A truck accident attorney will:

1. Determine liability by gathering evidence, preserving it, and collaborating with experts like accident reconstructionists.
2. Navigate the legal process by guiding you through every step, explaining your rights and laws applicable to your case.
3. To avoid undervaluing your claim, thoroughly calculate the full extent of the damage, including economic and non-economic ones.
4. To save time and effort, manage every legal process, including gathering evidence to communicate with all parties involved.
5. Maximize your compensation by being your advocate and negotiating with insurers for full compensation.

The legal team at Nordean Law understands the complexities of truck accident cases and ensures that you can focus on recovery while we handle the complex legal procedures. We are a dedicated team of legal professionals driven by compassion and focused on achieving results. Our approach is personalized to ensure the best outcomes for our clients.

Choosing us is not just a practical choice; it is a strategic decision to protect your rights, secure fair compensation, and manage the legal process efficiently.

Common Queries

What is a Spoliation letter?

A Spoliation letter is a legal document sent to the defendant after an accident. This legal notice obliges the responsible party to avoid hiding or destroying evidence. It is a standard practice in all personal injury cases, including truck accidents.

The letter clearly outlines the evidence that needs to be preserved.

Why should I file a temporary restraining order?

A temporary restraining order (TRO) is a short-term legal order issued by a court to prevent the destruction of evidence related to an accident until a formal hearing. If there is a high risk of evidence destruction, you should file a TRO. This will ensure that all evidence is available for examination to establish liability and responsibility in the accident. Filing a temporary restraining order enhances the credibility of your case and increases the chances of a favorable outcome. This lawful provision ensures both parties adhere to the same standards of evidence preservation.

Why should you act quickly after a trucking accident?

Acting quickly after a trucking accident helps protect legal rights and strengthens your case.

The truck accident scene can change quickly, so you must take pictures of skid marks, debris, and vehicles involved. Witnesses may also be influenced by the at-fault party, or their memories may fade over time, so recording their statements before any outside interference ensures accuracy. Preserving diagnosis reports, bills, and prescriptions is also essential. This documentation is key in holding your ground if the trucking company attempts to downplay or deny your injuries.

Securing all your evidence quickly can reduce financial challenges and help you secure justice.