Laredo TX Truck Crash: Filing a Spoliation Letter Immediately to Protect Your Claim
After a serious truck collision in Laredo, Texas, vital evidence can disappear within days. Without legal counsel to protect you, critical proof of your right to restitution in court can be lost or destroyed, diminishing your chances of receiving the justice you deserve. A qualified local attorney will act quickly to preserve evidence by filing a spoliation letter. This formal notice, which in this case would be sent to a trucking company or commercial carrier in the case of an accident whose outcome will be assessed in court, requires carriers to preserve specific evidence that may support your claims.
If you are suffering after a trucking accident in South Texas, turn to the expert lawyers at Carabin Shaw. We have decades of experience helping victims of negligence all over the Lone Star State and will fight hard on your behalf. Contact our trusted team today to book your FREE Case review. No money owed unless your case is won.
Why Spoliation Letters MatterSo why worry about filing a spoliation letter? Without this critical early step, companies may overwrite, delete, or lose information before you begin pursuing compensation.
Having a Webb County truck crash attorney file a prompt spoliation letter notifies a company that it cannot destroy digital records, driver logs, footage, or inspection documents. For victims navigating the aftermath of a truck crash, this letter is an essential tool for protecting their rights from the outset.
What Types of Evidence do Spoliation Letters Preserve?Truck carriers maintain a significant amount of data that may provide evidence in your case. A strong spoliation letter allows your attorney to request the preservation of items, including:
- Electronic logging device (ELD) data
- Driver qualifications and training records
- Hours-of-service logs
- Cab-facing and road-facing video footage
- Maintenance and inspection reports
- Phone records and dispatch communications
This type of evidence is vital in investigating a Laredo TX 18 wheeler accident, because establishing liability will often depend on documenting violations of federal or state safety codes.
Why Evidence Can DisappearIf this kind of evidence is so important, why does it often disappear? The reality is that most trucking companies automatically delete or overwrite digital data to save space. For example, ELD systems may only store certain information for a limited time unless preservation is legally required. Once a letter has been filed, companies can face severe consequences for destroying evidence in court. Judges may:
- Fine the trucking carrier for improper handling of evidence
- Instruct juries to assume that the destroyed evidence was unfavorable to the defendant, ie, the trucking company
- Restrict defenses the company may raise
These consequences can dramatically strengthen your case. However, without a spoliation letter from your lawyer, it’s all too easy for companies to claim that vital evidence has been destroyed as part of their routine business practices, making it more difficult for you to win.
How Spoliation Letters Impact Claims and LiabilityPreserving evidence like documents or digital records is vital to establishing proof of violations like speeding, unsafe loading, fatigue, or hours-of-service breaches.
In many truck crash claims, an experienced commercial vehicle accident lawyer has been able to shift fault onto the trucking company using ELD or dash cam video data, making it easier for clients to recover the compensation they deserve.
This is why staying proactive and speaking to a Laredo lawyer as soon as possible can make such a significant difference in your ability to make an argument in court, and indeed the outcome of your case.
Protect Key Evidence & Fight Back With Carabin Shaw | Contact Our Texas Experts and Schedule Your FREE Case Review Today!The Laredo truck accident lawyers at Carabin Shaw understand the importance of acting fast to preserve key evidence. Reading our law firm’s client reviews can help you know how we’ve helped citizens just like you win their fights for justice. We offer a free case review before we begin working together, so you can gain a complete understanding of your legal options. Once we take on your case, we offer our services on a contingency-fee basis so you won’t pay a dime until we win.
Don’t risk the loss of evidence with unnecessary delays. Start the wheels of justice turning by calling our toll-free number 1-800-862-1260. Our compassionate staff of English- and Spanish-speaking professionals is standing by to help, and someone is available to speak with you 24/7. The time to act is now! Contact Carabin Shaw today.
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