Maryland truck accident lawyers understand how difficult it is to deal with trucking companies. When a crash happens, getting them to cooperate isn’t always easy. Worse still, the trucking company often has access to some relevant accident data and evidence; winning your claim without such evidence would thus be challenging.
This is where an anti-spoliation letter (also known as a letter of spoliation or a spoliation letter) comes in handy. So, suppose you’ve been in a Maryland truck collision. Then, it’ll be best to hire an experienced truck accident attorney. An excellent lawyer can ensure that you get the necessary evidence for your claim. This way, you can get the maximum compensation for your injury and losses.
What Is an Anti Spoliation Letter?
A letter of spoliation is a notice plaintiffs send to defending parties concerning the case’s evidence. Usually, such a letter becomes necessary where the other party has some critical evidence of the claim. Therefore, a spoliation letter demands that the party preserves that evidence. An anti-spoliation letter can also have a general or specific tone.
Basically, you’re asking the other party not to:
- Tamper with evidence,
- Hide evidence, or
- Destroy evidence.
Sending a spoliation letter doesn’t necessarily mean that you’re accusing the other party of evidence tampering. Instead, you’re just informing them of the relevance of the evidence. Then, you’re asking that they preserve such evidence until you need it. A spoliation letter is crucial because the party may not even understand the importance of such evidence.
Types of Evidence a Spoliation Letter Can Protect
Spoliation letters are pretty popular in truck and construction accident cases. Furthermore, you can enforce a spoliation letter on several types of evidence. A good spoliation letter must also be specific about relevant pieces of evidence. Such evidence would include:
- Documentary evidence, such as personnel records
- Electronic evidence from the truck company’s database
- Trucking permits and licenses
- The trucker’s driving logs
- Records of the truck driver’s Hours of Service compliance
- Medical records
- Truck inspection and maintenance records
- Truck accident repair records
- Photographic and video evidence of the truck collision
- Personnel alcohol and drug test results
- Data from the truck’s onboard recording devices such as dashcams
- Any other relevant pieces of evidence
Why Do You Need a Spoliation Letter?
Clearly, you need a spoliation letter for evidence preservation. So, the real question is why you need the evidence the trucking company has. Maryland operates a fault-based accident system. This means that the fault party bears the losses of the trucking accident. Therefore, the evidence with the trucking company can help you determine the crash’s fault.
Unfortunately, trucking companies often destroy certain data after a while. For example, they could delete truck driver logs after six months. This means that only an official request can preserve such evidence until it’s needed. So, it’ll be best to send the letter immediately after the truck collision. This way, the trucking company will have no excuse for destroying any relevant data.
What if the Trucking Company Still Destroys Accident Evidence?
Trucking companies don’t always comply with these letters. In reality, they sometimes go-ahead to destroy crash evidence. This would be the case where the company thinks they can get away with evidence tampering. Indeed, lost truck collision evidence may be detrimental to your case.
However, it can also help you. Firstly, the court can impose severe sanctions on the erring company. A jury also wouldn’t look favorably on a defendant company that destroyed evidence. Such desperate action makes it look like the trucking company has something to hide. Consequently, the jury may side with you, especially while awarding damages.
Can You File a Spoliation Claim?
Suppose the trucking company destroys evidence after receiving a letter. Then, you can file a spoliation claim. Here, you’re arguing that:
- There was a potential lawsuit
- The company destroyed evidence which they had a duty to preserve
- Such destruction made it difficult or impossible to prove your claim
- You suffered financial losses because of the spoliation
Finally, if you win, you can claim damages against the trucking company
Maryland Truck Accident Lawyers Can Help You Preserve Critical Evidence
Have you survived a Maryland truck crash? If you have, then you may be eligible for compensation. Do you think that the trucking company has relevant evidence in its custody? If they do, you’d need to send an anti-spoliation letter to the company. First, however, you need the best Maryland truck accident attorneys.
At Pinder Plotkin, LLC, our lawyers have several decades of experience in handling Maryland truck crash claims. In the process, we’ve dealt with different trucking companies. If you hire our truck accident lawyers, we can guarantee excellent results and your deserved compensation. So, contact us today for a FREE consultation today.