Trucking Litigation
A vehicle accident involving a large trck or tractor-trailer tends to be more catastrophic than an accident involving smaller vehicles. These accidents are catastrophic not only in an economic sense, but also in an emotional sense since many of these accidents result in death to those persons involved in the accident. As such, it is absolutely imperative that trucking companies as well as their insurance providers devote a great deal of effort and time to investigating accidents as soon as possible after they occur. Companies realize this, and it is not uncommon for these companies to send representatives to accident scenes within hours after any accidents occur. These representatives are likely to be accompanied by an insurance adjuster or investigator, an attorney, and even an accident reconstrctionist.
The single most important task of a person involved in the investigation of a trucking accident should be to preserve relevant evidence. Time is clearly of the essence in this regard. A thorough investigation of the accident scene must be conducted as soon after an accident as is feasibly possible. Otherwise, key evidence will be lost. This evidence includes not only the physical evidence at the scene and the vehicles themselves, but also documents generated during the trck driver's "trip" or most recent period of driving. Federal regulations impose many strct requirements on a trcking company, or "carrier" as it is sometimes referred. Many of these regulations relate to the types of documents which are required to be preserved by a trucking company and its driver. These documents must be preserved as quickly as possible to, first, fulfill the requirements of the federal regulations and, second, to avoid having a court, should litigation ensue, allow a negative jury instrction against the carrier for failing to preserve the documentation.
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