Preservation of Evidence in Truck Accident Cases
Truck accident cases are typically more complex than the average automobile accident case. Practically, truck accident cases are more difficult to handle because there is typically more at stake. A recent Jury Verdict Research nationwide study looked at truck accidents from 1996 to 2005 and found that the average compensation award of these verdicts was $90,000. In contrast, the average personal injury verdict was $38,461. Because there is more at stake, and because truck accident cases are typically handled by outside counsel who bill by the hour, a lawyer handling a truck accident case should expect to put in more work than they would in the average personal injury case.
The upshot to handling truck accident cases as opposed to other motor vehicle accident cases is that if there is a liability dispute, there is a wealth of data that may be available to assist you in making your case. It is critical that this evidence be preserved. In a letter to the trucking company, plaintiff's lawyer should make broad requests to preserve all documents, equipment, photographs, data and other items related to the accident. The truck accident lawyer should consider, if applicable, specifically requesting:
1. Black box data;
2. Truck driver's personnel file and driving history;
3. All statements obtained from investigation of the truck accident;
4. The truck driver's log for the last two years (which must be kept per 49 C.F.R. 395.8 and 395.15);
5. The truck driver's qualification file as required by 49 C.F.R. 391-51;
6. GPS and/or other tracking data; and
7. The truck's maintenance and repair history.
With respect to item #4, plaintiff's attorney should send a letter immediately to the trucking company requesting that they retain the log books. The attorney's letter should reference 49 CFR 395.8(k), which specifically addresses the retention of a driver’s record of duty status. The letter should also specifically request all the operational documents associated with each trip the truck driver took for at least three years before the truck accident (although the CFRs only require 6 months).
If the trucking company fails to produce the driver's logs, you should be able to get a charge of a spoliation instruction if the case goes to trial.
