Swift, like many trucking companies, has a history of destroying evidence that shows they were at fault for a wreck. I have posted on this previously. That is one of the reasons it is important to hire a lawyer as soon as possible when you have a trucking case.
Recently, in an Arkansas case, the trial court held, and the 8th Circuit Court of appeals agreed, that the jury was entitled to know that Swift spoliated evidence. Th Order from the 8th Circuit Court of Appeals states:
The " trial court found “Swift has been intentionally deceptive,” mentioning “the things that Swift has done that have been intentionally wrong in [d]iscovery,” and commenting Swift “just flat out lied.” The trial court noted it was “not required to believe anything [Swift’s witnesses] sa[id],” and remarked that Swift “control[led] the satellite data, and some of it . . . [the trial court] believe[d] could have been preserved if, in fact, it had been exonerat[ing].” The trial court concluded by saying, “my reason is simply this, I don’t trust the document.” Although the trial court did not use the words “bad faith,” it is abundantly clear the trial court believed it was likely Swift intentionally allowed the electronic satellite tracking data to be destroyed. (emphasis added)
The opinion available here for download, Swift Transportation Co. v. Angulo et al., was filed June 17, 2013.