Disgorge documentation from the defense – North Carolina recognizes a cause of action for “spoliation of evidence.” Simply put, if the trucking company loses, manipulates, or destroys any evidence that the victim formerly and properly requests at an early stage, we enjoy a legal presumption at trial that the spoiled evidence would have helped the victim’s case. To preserve evidence and this favorable legal presumption, we immediately notify all responsible parties with a written demand for retention and disclosure of the following documents: photos of vehicle involved, access to the truck and all damaged components, all driver logs and driver inspection reports, all vehicle maintenance records, the driver’s employment file and driving history, ECM/black-box data, Satellite Tracking data, trip receipts, bills of lading and evidence concerning the type/origin/destination of all cargo, and all insurance policies.
Tractor trailer accidents produce catastrophic results. It is a critical mistake to treat a commercial vehicle accident like a typical car accident. Typically, private passenger car accidents are far easier to understand, and are less vigorously defended. If your accident was caused by a commercial vehicle, hire an attorney immediately. Proper, thorough investigation and case management are essential tasks of the experienced transportation lawyer. Further, by detailing all evidence and losses, your attorney ensures that the full value of your case is paid promptly by all responsible parties.
If you or someone you know has been in an accident in Raleigh or one of the surrounding communities and has suffered and injury, contact The Law Offices of Nagle & Associates to speak with an injury and accident attorney in Raleigh today for a free initial consultation.