Tons of cargo, traveling along some of the country’s most treacherous highways, under the perpetual pressure of tight time constraints: It’s a recipe for potential disaster ? and little wonder that Colorado truck injury lawyers are a busy bunch.
Sorting through the evidence to determine just how best to secure your compensation rights is a complex task requiring the input of highly qualified experts. And the perishable nature of much of that evidence means that Job One is to lock it all up ? fast.
The first is an Evidence Protection or Spoliation of Evidence letter demanding the seizure of the truck and all contents, as well as the preservation of all potential evidence. In addition to the on-board Electronic Control Module, a.k.a. the “black box,” an attorney typically demands any additional electronic records maintained at the truck company offices.
To nail down the driver’s timeline (and establish whether he or she was in compliance with federal hours of service regulations), your attorney must access all driver logs (there are often multiple versions), as well as gas, meal and lodging receipts. A good attorney then casts a wide net to secure everything from global positioning system data and terminal security camera footage (both of which are routinely overwritten), to social media posts that may give clues as to just where the driver was and when.
Upon locating the employer’s safety director (which can be challenging in itself), your attorney secures truck maintenance and loading histories, plus the driver’s personnel records, including:
Results of mandatory on-site drug and alcohol tests
Qualifications, certification and training records
Inquiries made with previous employers
Bottom line, the more prepared you are for a trial, the more likely the trucking company will see the wisdom of a generous settlement offer versus a costly court battle. If you or a loved one has been harmed in a truck accident, you’ve probably already heard from the trucking company’s lawyers.