Commercial truck accidents are traumatic ordeals that can have long-lasting effects on those involved. If you or a loved one sustained injuries in a commercial truck accident, you might be considering filing a claim against the truck driver and their company. Unfortunately, winning a liability case after a commercial truck accident can be difficult.
One of the main risks after a commercial truck accident is destruction of evidence. Additionally, the value of truck accident claims is particularly high because they often involve catastrophic injuries, multiple defendants and commercial liability policies with high limits.
This gives insurance companies extra incentive to fight against these liability claims, which can be far more costly for them than an average commuter car accident claim on a personal auto insurance policy.
Trucks involved in crashes might be towed hundreds of miles away and repaired, clearing away any evidence that might be useful to your case. It is not uncommon for evidence to be tampered with intentionally or unintentionally during this process.
According to the Federal Motor Carrier Safety Administration (FMCSA), motor carriers (trucking companies) only have to keep electronic logging device data and hours of service records for six months.
The statute of limitations for all auto accidents in Georgia is two years. That means a trucking company may delete records relevant to your case if you wait too long, even though the statute of limitations has yet to run out.
This may be standard operating procedure, but for all intents and purposes it amounts to the destruction of evidence. Trucking companies are prohibited from knowingly destroying evidence in civil or criminal cases, but if the plaintiff simply fails to take action or notify the company of their intention to file a claim, evidence may be lost as a matter of course.
To prevent any destruction of evidence that could be detrimental to your case, it is important to send the trucking company a spoilation letter. Contacting a truck accident attorney to draft one of these letters as soon as possible may be in your best interest.
Some drivers involved in truck accidents may feel as though they can’t file a claim because they are partially at fault for the accident. Even if you are not fully free of liability for an accident, you should still file a claim for compensation for your injuries. Georgia is a modified comparative fault state, meaning as long as you are less than 50 percent to blame for the accident you can still recover some compensation.
Commercial truck accidents can have incredibly tragic consequences. Despite the severity of the injuries you have suffered, it can be hard to find a truck crash lawyer in Duluth willing to fight for you. The large corporate defendants and commercial truck companies often have massive insurance policies that incentivize insurance companies to protect them to their fullest capabilities. They have more to lose and often fight hard to keep their claim dollars out of your pocket.
Zdrilich Injury Law is experienced in commercial truck accident cases. We’ll aggressively pursue the compensation you’re owed after being involved in one of these severe crashes. Schedule a free consultation with us today by calling (770) 931-9604.
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Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.
Zdrilich Injury Law, LLC providers one-on-one representation to car accident, truck accident and workers’ compensation clients in Georgia.
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