Don’t Let the 30-Day Preservation Window Close on Your Truck Accident Case

Most truck accident victims are aware that the Texas statute of limitations gives them two years from the date of the accident to file a claim for their injuries. However, what they often do not realize is that failing to take the right actions within the 30 days after the accident can prevent them from recovering compensation, even if they file well before the statutory deadline.

There is a very limited window of opportunity to collect evidence to prove causation in a truck accident case. If you don’t act to preserve vital evidence, it can quite literally disappear.

The easiest way to prevent that from happening is to work with an experienced truck accident attorney as soon as possible. Regardless of whether you wait to talk to an attorney or seek legal assistance right away, it is important to be aware that the first 30 days after a truck accident are often a “make or break” period for the case.

Why Evidence Disappears So Quickly

Evidence often does not last long in all types of legal cases. If you don’t quickly take photos of skid marks at the scene of a car accident, for instance, the marks will fade until they can no longer be seen. Or if you wait too long to talk to witnesses, they will forget many details that could prove vital to your case.

But the evidence in truck accident cases is particularly fragile because it is scheduled to expire. For instance, many commercial trucks, particularly tractor-trailers, use electronic control modules (ECMs) that record information on the truck’s speed, braking patterns, steering, and other operational data. Evidence recorded by the device can be extremely helpful to demonstrate what happened before and during a collision and why the trucking company should be held liable for the accident. However, the information is often recorded on a loop that overwrites every 30 days or less.

Similarly, footage from dashcams, security cameras, traffic cameras, or other surveillance tools is usually recorded frequently. It is important to preserve the footage before it is overwritten or erased.

Federal authorities require trucking companies to maintain certain records, such as driver logs, for at least six months. But other records can be deleted much sooner, particularly if the company finds it in its best interests to do so.

Taking Legal Steps to Preserve Evidence

It is important to act quickly to preserve all types of evidence. To save data within the trucking company’s control, legal action is often required. In many cases, an attorney can preserve vital evidence by preparing a formal legal notice that is often referred to as a “spoliation letter.” When prepared properly, this preservation-of-evidence letter creates a binding duty requiring trucking companies to retain specified data. This could include:

• “Black box” data from the truck’s ECM
• Driver logs that indicate how many hours the driver has been operating without a break
• Maintenance records that could reveal whether the truck needed repairs or received appropriate inspections
• Personnel files on the driver that could indicate whether the driver lacked appropriate training, had a history of failed drug tests, or had engaged in reckless driving

If the letter doesn’t meet legal requirements, it will not have the necessary legal effect to create a binding obligation on the trucking company. It is wise to have a knowledgeable attorney prepare the letter. An experienced attorney will also know whether it is necessary to take additional steps, such as seeking a subpoena or temporary restraining order, to preserve vital evidence.

If a trucking company spoils or destroys evidence after receiving notice to preserve it, it could be sanctioned by the court. More importantly, from the victim’s perspective, the judge could issue instructions that the jury should assume that the destroyed evidence would have indicated liability on the part of the trucking company.

The Trucking Companies and Their Insurers Will Be Very Active in the First 30 Days

Truck accidents often result in horrific injuries that frequently lead to wrongful death claims. To try to limit their company’s exposure to losses from these tragic accidents, trucking companies and their insurers often deploy “Rapid Response” teams immediately after an accident to sweep the scene and prevent the driver from saying anything that could potentially be used to establish liability.

It is wise for accident victims to take a similarly professional approach. Avoid saying anything to an insurance company or trucking company representative until after you’ve received advice from an attorney. Or better yet, allow your attorney to handle all communications. 

The response teams may try to act sympathetically, but they are looking for any information they can use to deny liability and avoid paying compensation to accident victims. They often trick victims into saying something that can be taken out of context and used against them. When you allow your lawyer to answer questions, you can avoid worrying about saying the wrong thing. It also allows you to focus on your physical and mental recovery process.

If the insurance company offers a quick settlement, it is important to be certain that you understand the full value of your claim before you accept. Initial offers are usually very low. Insurers will not generally offer a reasonable settlement until after they’ve seen that you have the evidence to win if your case were to go to court.

DeKeyzer Law Understands How to Recover Maximum Compensation for Truck Accident Victims

At DeKeyzer Law, we know how trucking companies and their insurance companies operate. We built our reputation on our ability to stand up to the big companies and overcome their bullying and unfair tactics to recover full compensation for accident victims. The sooner we get started working on your case, the more opportunities we have to gather crucial evidence to establish liability and recover maximum damages.

We invite you to schedule a free consultation with us by calling 713-904-4004 or contacting us online so that we can discuss the assistance our team can provide if you or a loved one has been injured in a truck accident.