Perhaps even more so than an ordinary car-on-car accident, the first few days following a truck collision can be crucial for preserving your rights. When an auto accident involves two ordinary cars, severely damaged vehicles are taken to repair shops where an estimate is done and work performed, which gives a good report about what, if anything, was wrong with the vehicle itself, and usually pictures are taken of the damaged parts — these are standard insurance protocols, as it is important for everyone involved to piece everything together.
What about a truck collision? When a large truck hits a small car, the damage to the truck is often negligible, and companies and their insurers are often eager to get a working vehicle back on the road, as taking it out of service indefinitely can be costly in many ways.
This, however, can cause all kinds of problems to an accident victim and their case, as there are countless unique features to a truck that most standard automobiles do not have (a “black box” for example). This is why it is crucial, if you or a loved one has been in such an accident, to contact a lawyer right away and inquire about sending what is known as a “Notice of Spoliation” letter.
Once a driver/company/insurer is on notice of an accident and receives a copy of a notice of spoliation, there are severe consequences for fixing, removing, or altering, in any way, a vehicle and related equipment that your attorney will spell out in the notice. It is crucial to preserve these items “as is” immediately after an accident so that an expert can come in and inspect a vehicle and give a neutral report.
What if, for instance, a faulty brake caused a serious accident? Certainly, a driver has an obligation to inspect and maintain their own vehicle, but if there is some inherent defect to the brake itself that goes undiscovered, you might miss out on a cause of action against a party that was truly responsible in some way. These are the sorts of things that you won’t know unless you hire an attorney willing to go the extra mile and really get to the bottom of what can be life and death situations.
You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you in the unfortunate event of an accident that caused you or your family or friends injuries – in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters – large or small.