Preserving Evidence After an Accident

One very important issue in a number of personal injury cases is whether or not the evidence has been preserved. One would guess that the answer would always be yes; however, that is not always the case.

Some evidence, by its very nature, has a very limited life and will vanish over time.

Scene Evidence

Skid marks on the roadway are a good example of limited life evidence. In the case of skid marks, it is not practical to preserve them; instead, it is necessary to document them.

Other evidence that has a very limited life would include debris from an accident. Actually, the location where debris is found is usually the important factor for accident reconstruction.

Vehicle Repairs

Big trucks usually are repairable after a truck accident, with the other vehicle involved in the accident usually being totaled out.

The condition of the big rig, both tractor and trailer, can be a very important factor in some liability analysis after an accident. 18-wheelers are required to meet certain safety criteria, and drivers and motor carriers are to ensure that the vehicles are safe.

If the condition of an 18-wheeler played a role in an accident, that is extremely powerful evidence for use in a truck accident lawsuit.

Preserving a vehicle that has been in an accident is crucial in a personal injury lawsuit. Many insurance companies have now been pushing to repair the big truck as soon as possible and put it back in service. The rationale for such action is quoted as “lost profits”, but in reality, some part of that is an attempt to prevent the victim from gaining access to the vehicle before it is fixed.

Such items as the condition of the brakes and tires can be extremely important evidence. Additionally, the onboard computer that most big trucks are now equipped with contains information such as the speed of the vehicle and when the truck driver actually applied the brakes. Obviously, obtaining this information can be vital to a successful truck accident injury claim.

If you or a loved one has been in an accident involving a big rig or other commercial truck, contact a truck accident specialist as soon as possible after the accident to ensure that the important evidence gets preserved.