How Do I Protect Evidence After a Truck Accident?

After a motor vehicle accident, the best evidence is typically the vehicle itself. Therefore, to protect evidence after a truck accident or car crash, a lawyer may have to buy the car or vehicle involved. In other cases, an attorney may send a duty to preserve letter to the company or party that has the truck, such as the trucking company, to prevent loss of evidence. In this video, attorney Kenneth Rothweiler explains how preservation of evidence works and why it is important to speak with an experienced car or truck accident lawyer after an accident.

Video Transcription

After any type of automobile accident or trucking accident, it’s important if it’s a case, say, against the manufacturer of the truck or of the automobile, that we preserve the automobile. So, what we basically have to do in a lot of our cases is we actually have to buy the vehicle. So, we’ll buy the vehicle and we actually have a storage facility where we have vehicles stored there for inspection by the defendants in litigation. We probably have right now a couple dozen cars in a warehouse that we’re just preserving throughout the litigation. If it’s a big trucking company where we don’t have access to the vehicle voluntarily, then what we have to do is we have to put the case into suit and we immediately have to ask for an inspection of that vehicle before they change anything. What we’ll do, even before suit, is we’ll tell them we’re about to put this case into suit, you are not to change anything on that vehicle at all. We want it in the same condition as it was at the time of the accident and, in that way, we preserve the vehicle and we can see exactly what happened. Any offer by a trucking company or any other defendant to my client early on in litigation is normally, by my standards, by definition, and is it’s an insignificant offer. What they’re trying to do in in my world, in my vernacular, is buying off the client, buying off the client early, and people that don’t have money get tempted by that because, you know, for somebody that, you know, maybe is making fifteen, twenty thousand dollars a year and is offered $50,000 in a settlement, well, it sounds like a lot of money. Most cases it’s not and that’s the reason why they need a lawyer. For more information go to www.ERLegal.com.



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