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 they were innocent, or it could show they were guilty of contributing to the wreck which caused my client’s injuries.
I believe destruction of evidence is a common practice in the trucking industry, as most trucking companies involved in accidents violate the rules and procedures required of safe trucking companies. This is why spoliation letters, requesting a company save evidence, must be sent immediately in every case. I was shocked that Swift sent a letter saying they were not going to save the evidence I requested.
Since my receipt of Swift’s letter I have done some research and found Swift has been sanctioned by courts for failing to save evidence, even in violation of court orders to keep the critical evidence. While there were many references to this sort of action by Swift, an example of a violation Swift has been sanctioned for by a judge is the Order of Judge, Perry Buckner of South Carolina, dated August 9, 2004, in McCurdy v. Swift, 02-CP-25-100, referencing sanctions for discovery abuse and destruction of evidence in violation of the Court’s Orders dated March 29, 2001, and October 21, 2003.
I think it critical that victims and surviving family members understand that trucking companies, and their insurance companies, play hardball. They say one thing and do another. Even in the face of judicial sanctions these companies are willing to destroy evidence if it helps their defense and saves them money. Don’t let insurance adjusters sweet talk you into delaying hiring an experienced truck accident lawyer to protect your and your families rights. If the courts have a hard time getting trucking companies to do what is right, what chance do you have by yourself?
The Truck Accident Lawyers at the Law Offices of Morgan Adams concentrate in protecting the rights of those who were seriously injured or lost a loved one in an accident with a commercial truck or bus. Our lawyers are based in Tennessee, but serve clients throughout the nation. If you or someone you love has been seriously hurt by a careless driver, don’t sign anything the trucking company gives you — contact us as soon as possible at 800-580-4878 or by email to learn more at a free, confidential consultation.