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Catastrophic Trucking Litigation
When trucking companies destroy, alter, or fail to preserve critical evidence after a crash, courts can impose severe sanctions — including adverse inference instructions that tell the jury the evidence would have been unfavorable to the carrier.
Proof track
The carrier repaired or scrapped the truck before any independent inspection could occur.
The carrier claims the dashcam was not functioning or footage is unavailable.
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Free Truck Crash Review
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01
What Is Spoliation of Evidence?
Spoliation is the destruction, alteration, or failure to preserve evidence that a party knew or should have known was relevant to pending or anticipated litigation. In trucking cases, carriers have a duty to preserve evidence as soon as a crash occurs — they know litigation is likely.
Common forms of spoliation in trucking cases include:
- Repairing or scrapping the truck before an independent inspection
- Overwriting or failing to download ECM/black box data
- Deleting or failing to preserve dashcam footage
- Destroying or altering driver logs and ELD data
- Disposing of the failed tire, brake component, or other mechanical evidence
- Shredding dispatch records, emails, or text messages
02
Sanctions and Remedies
Courts can impose significant sanctions for spoliation:
- Adverse Inference Instruction: The judge instructs the jury that it may presume the destroyed evidence would have been unfavorable to the carrier.
- Exclusion of Evidence: The carrier may be prohibited from presenting evidence or arguments related to the destroyed evidence.
- Default Judgment: In extreme cases, the court may enter default judgment against the spoliation party on liability.
- Monetary Sanctions: The carrier may be ordered to pay the opposing party's costs and fees related to the spoliation.
03
How We Prevent and Prove Spoliation
- Immediate Preservation Letters: Within hours of engagement, we send detailed preservation demands to the carrier, its insurer, the driver, maintenance providers, and any third-party data custodians, specifying every category of evidence that must be preserved.
- Emergency Court Orders: When we have reason to believe evidence is at risk, we seek emergency court orders requiring the carrier to preserve the truck, data, and records.
- Forensic Analysis: Our experts can detect evidence of data manipulation, file deletion, and record alteration through forensic examination of electronic systems.
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