After a commercial truck accident occurs in Philadelphia with surrounding areas, there are various steps that victims need to take to help ensure their well-being and that they recover compensation for their losses. One of the main aspects of these cases is proving liability for the incident, and this involves gathering evidence. However, the evidence tends to disappear, get destroyed, or become altered in the aftermath of a truck accident. That is why an attorney may need to send a letter of spoliation to all other parties involved to ensure that this evidence remains preserved for the duration of the claim or personal injury lawsuit.
What is a Letter of Spoliation in Pennsylvania?
A letter of spoliation is very likely to be sent by an attorney for an injury victim as soon as they are retained. The letter is crucial, and it is not reserved just for commercial truck accidents. Any time a person sustains an injury that could lead to a settlement or a trial, a letter of spoliation will likely be necessary.
A letter of spoliation is a formal request from one party to another informing them that they should preserve all evidence related to the incident at hand. In the aftermath of a commercial truck accident in Philadelphia, a letter of spoliation may be sent to the truck driver, the trucking company, and any other possible liable party involved in the incident. This will notify them that they should not discard, destroy, or alter any evidence that may be needed during the civil court process.
Types of Evidence That Needs Protection
There are various types of evidence that should be preserved in the aftermath of a commercial truck accident in Pennsylvania. This includes, but is not limited to, the following:
- Mobile device data from the truck driver
- Trucking company hiring and training records
- Truck company inspection and maintenance records
- Statements from eyewitnesses
- Photographs taken at the scene of the crash
- Surveillance footage from cameras nearby
- Debris gathered at the crash scene
- The truck itself
- Electronic logging device (ELD) of the driver
- Electronic control module (ECM) for the truck
It is important to have an attorney draft the letter of spoliation on behalf of a truck accident victim. These letters should be formal, and they must be written by someone with an understanding of the process of investigating these incidents and the civil court system.
What if Evidence is Destroyed?
In the event evidence does get destroyed, even after a letter of spoliation is sent, this could be used as evidence that the defendant had something to hide. The court will have to examine the intent behind the destruction of the evidence in order to determine whether or not the destruction was intentional or accidental.
Contact a Truck Accident Lawyer Today
If you or somebody you care about has been injured in an accident caused by a truck driver or trucking company in Philadelphia, reach out to an attorney immediately. A truck accident lawyer will get involved quickly and send a letter of spoliation to all parties involved in order to preserve the evidence needed to prove liability. Furthermore, any kind of Philadelphia car accident lawyer will also get to work handling all communications with other parties in an effort to start the process of recovering full compensation.