What Happens When A Trucking Company Destroys Evidence After An Atlanta Crash?
In the immediate aftermath of Atlanta truck accidents, the clock starts ticking on critical evidence. Black box data, driver logs, maintenance records, and surveillance footage all hold the truth about what happened, and trucking companies know it.
When a company deliberately destroys or fails to preserve evidence, it is not just unethical; it is illegal. It may be illegal. Our experienced Atlanta truck accident lawyers explain why trucking companies take this risk and how it can actually strengthen your case.
Why Trucking Companies Destroy Evidence and How Federal Laws Apply
Data logs and other records can provide vital evidence in an Atlanta truck accident. The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to keep them for set periods. Under Section 49 of the Code of Federal Regulations, driver logs must be preserved for six months and vehicle inspection reports for at least 12 months.
Deliberately destroying records within those windows can result in serious legal consequences. Some companies are willing to risk it, as this information could negatively impact them in an Atlanta truck accident. Common forms of evidence that trucking companies often fail to preserve include:
- Data from electronic logging devices showing hours-of-service violations or falsified records.
- Event data recorder information showing speed, braking, and steering inputs before impact.
- Driver vehicle inspection reports that flag unresolved mechanical issues.
- Dashcam or external camera footage from the truck or the surrounding area.
- Internal communications between dispatchers and drivers around the time of the crash.
When a party intentionally destroys evidence relevant to pending or reasonably anticipated litigation, it is known as spoliation of evidence, and Georgia courts take it seriously.
Evidence Destruction: Ways to Prevent and How It Could Impact Your Atlanta Truck Accident Claim
Taking quick action to preserve evidence after an Atlanta truck accident protects your rights to compensation. Ways our experienced Atlanta truck accident lawyer can help include:
- Sending an immediate spoliation letter to the trucking company and all related parties.
- Filing for emergency court orders to prevent further destruction of evidence.
- Working with forensic data experts to recover electronic records that may still be retrievable.
- Documenting evidence and when it was destroyed or went missing.
Spoliation of evidence does not have to end your case. In fact, when a trucking company destroys or fails to preserve evidence, Georgia law allows courts to draw an adverse inference. This essentially allows a jury to assume it would have been unfavorable to the company that failed to preserve it.
Consult Our Experienced Atlanta Truck Accident Lawyers Today
When a trucking company destroys evidence, it is often because it could implicate them in an Atlanta injury claim. At Shiver Hamilton Campbell, we know how to find the truth and use every available legal tool to hold negligent carriers accountable.
To get the compensation you are entitled to, contact our Atlanta truck accident lawyer today to request a consultation. We represent clients throughout Gwinnett, DeKalb, and Fulton Counties, including Decatur, Jonesboro, Johns Creek, Marietta, and coastal areas such as Savannah and St. Simons Island.
Source:
ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395 https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-396
