Any trucking company that handles goods that are involved in interstate commerce must comply with Federal Motor Carrier Safety Regulations. Carriers from Canada and Mexico are included in these regulations. Some of these regulations require the trucking company to save documents that may prove liability in a collision. This would make most tractor-trailer cases all about their preserved documents. Failure to keep such documents is one of the most regularly occurring problems in these cases. In many serious cases caused by a commercial truck the fault does not lie with the driver, but in fact the fault lies with the trucking company. The best way to prove that the company is at fault is to prove it with their own documents.
One significant problem with these cases is that trucking businesses are required to only keep the documents for a certain allotted time. This is an incentive to seek representation as soon as possible. The sooner you seek out a lawyer to represent you, the sooner you can preserve the documents that will show the company’s liability. If you do not immediately file suit, it recommended that your lawyer at least send a spoliation letter to prevent the company from destroying the necessary documents. Accidents involving these large carriers often end in serious injury and thus you should make sure to receive the proper records to get compensation from such an accident.
About the Editors: Shapiro, Appleton & Duffan personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.