Every so often I need to revise and update my standard spoliation letter (a letter telling the trucking company to save evidence that shows who is, and is not, at fault for a wreck). In part because of changes in the trucking industry, in part because it can always be made better.
In this latest …
Trucking companies, as corporations, can only act though people. In trucking cases companies will often hire experts that give the company the answer they want (That the company isn’t responsible and it is the truck accident victims fault) rather than the truth. In many cases evidence is also allowed to be destroyed, even when the company knows…
I am pleased to announce my recent article on spoliation was published by the Arkansas Trial Lawyers Association in the ATLA Docket, Winter 2012. The issue was entitled "Hiding Justice." A copy of the article can be downloaded HERE.
Spoliation letters require trucking companies to preserve evidence that shouldn’t be, but often is, destroyed after a wreck. While the trucking companies know they should put a litigation hold on documents that will show whether they caused a wreck, they generally destroy this evidence if they know they are negligent. I have blogged repeatedly on this subject in past posts.
Why do trucking…
As many of you recall I was surprised and angered from a recent letter I received from Swift Transportation. In this letter Swift refused to save the evidence I requested which would prove whether Swift contributed to the collision and what, if any responsibility Swift had for the wreck with my client. This evidence could show…