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Truck Collision Injuries - Preservation of Evidence

Karns & Kerrison

If you or someone close to you has been injured or killed in an accident involving a collision with a tractor trailer it is extremely important to hire a law firm experienced in handling tractor trailer liability immediately. Preservation of evidence is the most important aspect of representing the injured victim or his or her family in these cases and it must be handled effectively from the beginning.

An experienced personal injury lawyer will know exactly how to best preserve and gather the evidence. Going to the scene and viewing the area, locating all of the vehicles involved (both the victim's automobile and the defendant tractor trailer), and having the vehicles examined are some of the initial methods that may be used to preserve and obtain evidence. This will provide your lawyer with most of the obvious facts regarding how the accident occurred, and will also aid them in finding other facts that can greatly help in your representation.

Examination of the defendant tractor trailer could reveal faulty or damaged tires, the electronic devices on board (such as a black box), that will help your attorney prove liability and negligence on the part of the truck driver. A black box is an electronic recording device that can display facts about the operation and condition of the tractor trailer including speed, braking, or lights. There are other electronic systems on board many tractors including GPS tracking systems, video recorders, and other onboard electronic devices that can help determine liability and negligence on the part of the truck driver.

Your lawyer should visit the scene, find and examine the vehicles, and submit a Freedom of Information Request (FOIA) to the Federal Motor Carrier Safety Administration in Washington, DC asking for the release of all of the information FMCSA has regarding that particular accident and on that particular trucking company. The information gathered under the FOIA is often instrumental in helping to prove the case for you or your family.

A highly experienced tractor trailer injury lawyer will write a spoliation letter (a letter that will stop the evidence from being destroyed and allow your attorney to obtain a court order for viewing the evidence) to the trucking company requesting that they preserve all of the evidence including the obvious evidence such as on-board documents, bills of lading, permits, driver's logs, electrical recording device data, and any other information that may prove necessary in your claim.

If the trucking company does not honor the spoliation letter, depending upon the law and the jurisdiction where the collision occurred, the spoliation of the evidence or failure to preserve the evidence can be used as further evidence against the trucking company.

If you or someone you know has been injured in a truck accident or tractor-trailer collision, you need personal injury attorneys who know the law and the kinds of technology available to help prove your claim. Karns & Kerrison personal injury lawyers offer free consultations and no fee unless successful. Their experienced in handling cases against negligent truck drivers and trucking companies is extensive, and they are familiar with reviewing the kinds of electronic data that can help prove negligence in an injury situation. Contact them now at any one of their easy to reach Rhode Island locations at (888) 281-3100 for a free consultation or more information.

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If you or your loved one suffered severe, life-altering injuries due to someone else’s negligence, we are here to help you fight for justice. For answers to your questions or to schedule a free consultation, contact our personal injury team at (888) 281-3100. We offer our legal services on a contingency fee basis, meaning you only pay attorneys’ fees after we have recovered compensation on your behalf.

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