How Trucking Companies Legally Destroy Evidence — and How to Stop Them

If you were injured in a Pasadena commercial truck accident, building a strong legal case requires detailed evidence. The trucking industry is heavily regulated, and trucking companies are required to maintain accurate records.

However, the law does not require them to keep those records indefinitely. Unfortunately for truck accident victims, this means critical evidence that could support a legal claim may be lawfully destroyed after a certain period of time.

The good news for victims is that they are not powerless in these situations. By taking certain proactive steps, they can stop trucking companies from destroying evidence and preserve it to strengthen their Pasadena truck accident lawsuits. Getting help from an experienced personal injury attorney is critical.

For over 30 years, the Law Offices of Pius Joseph has successfully represented California residents injured in the most complex truck accident cases. Our firm has recovered millions in verdicts and settlements for truck accident victims, including $2 million for a client injured in a chain-reaction crash involving a truck and $1.25 million for another who sustained a mild traumatic brain injury after a truck crash. *  Let us help you seek fair compensation, too.

Contact us today for a free initial consultation.

The Importance of Evidence in Truck Accident Cases in Pasadena

A trucking company that contributes to an accident can be held financially liable for the harm victims suffer as a result. However, the burden is on the victim to provide critical proof to establish liability. Key evidence in Pasadena truck accident cases may include:

• Hours-of-service driver logs
• Information from the truck’s event data recorder (black box data)
• Maintenance records
• Cargo manifests
• Dashcam or traffic camera footage
• Surveillance video from nearby businesses
• Eyewitness statements describing the truck driver’s behavior before the crash occurred
• Accident scene photos and videos
• Official police report
• Employment records
• Documents regarding background checks and driver supervision
• Driver qualification files
• Training reports
• Inspection records
• Physical evidence, such as truck parts and vehicle components
• Drug and alcohol test results

Much of this evidence remains in a trucking company’s possession immediately following an accident, though retention periods vary. For example, a motor carrier only has to keep a trucker’s hours-of-service records for six months. Once that evidence is gone, it can be more challenging to prove your case.

Because many types of evidence are in the trucking company’s hands, victims often need to file a lawsuit to gain access to the evidence through the discovery process.

Ways Trucking Companies Legally Destroy Evidence

First of all, trucking companies destroy evidence because, at some point, the law permits them to. For example, trucking companies may have document retention policies that automatically delete or destroy records once state or federal regulations no longer require their retention. In the absence of a lawsuit or a formal notice not to destroy the records filed by an accident victim, the trucking company may claim that it had no reason to retain the records outside of its retention policy. Record destruction, when done lawfully, may shield trucking companies from liability.

Why Trucking Companies Try to Destroy Evidence

In some cases, truck companies attempt to conceal or destroy valuable evidence through unlawful means, such as altering or erasing electronic records. For example, a trucking company might falsify hiring records to show its employee had a valid commercial motor vehicle (CMV) license when they did not.

A Pasadena truck company may also attempt to hide or alter truck accident evidence to:

• Avoid liability in a truck accident claim where it is clear that the truck driver or trucking company was at fault
• Weaken the victim’s legal case and lower their settlement payout
• Protect the company’s reputation
• Avoid increased insurance premiums resulting from the company’s insurer having to cover its liability for a truck wreck

How Spoliation Laws Affect Pasadena Truck Accident Claims

Spoliation is a term describing the destruction, alteration, or failure to preserve evidence in a legal case. In California, an accident victim may seek a spoliation ruling from the trial court presiding over their lawsuit if they believe a trucking company intentionally or negligently hid or destroyed evidence in their case. If the court agrees that the company engaged in spoliation, the finding allows a jury or a judge to draw an adverse inference that the truck company acted because it had information that would be unfavorable to its case.

Spoliation is particularly important in truck accident cases because the period during which they are required to keep records is relatively short. Though California law gives truck accident victims two years from the date of an accident to file suit, vital evidence may no longer be available.

Steps Victims Can Take to Protect Evidence After a Truck Accident in Pasadena

You can help protect your legal case and access to significant evidence by:

• Reporting the accident to law enforcement. Get the police report when it’s ready.
• Document the accident scene. Take photos and videos of vehicle damage, skid marks, visual obstructions, road lines, traffic signs or signals, and weather, lighting, or road conditions.
• Contact an experienced truck accident attorney right away. A lawyer can review your case and start taking immediate steps to protect evidence that could be crucial for a successful truck accident claim in Pasadena.

The Role of a Pasadena Truck Accident Attorney in Preventing Evidence Loss

A Pasadena truck accident attorney is a critical ally for victims seeking compensation. Truck accident lawyers in Pasadena can use various tools to reduce the likelihood that a trucking company will alter or destroy evidence. These strategies include:

• Send an evidence preservation request – This request notifies the trucking company of an impending lawsuit. It directs the company to implement a litigation hold, requiring employees to preserve relevant evidence and prevent its deletion or destruction in accordance with the company’s records retention policy.
• Discovery requests – During a truck accident lawsuit, an attorney can send discovery requests to the trucking company, including interrogatories, requests for production of documents, and deposition subpoenas. When the trucking company fails to respond or objects to discovery requests, an attorney can obtain a court order compelling the company to produce the requested discovery.

Furthermore, an attorney can retain investigators, such as computer forensic experts, to bolster their client’s case. These professionals can examine any evidence provided by the trucking company for signs that the company may have altered or destroyed it.

Legal Options If Evidence Has Already Been Destroyed

If a trucking company has already deleted or destroyed evidence, a victim can:

• Seek monetary sanctions requiring the truck company to pay the legal expenses incurred in pursuing the destroyed evidence
• Use other evidence to demonstrate the trucking company’s liability, such as witness statements and analyses from accident reconstruction experts
• Request a spoliation instruction for the jury during trial, which allows the jury to infer that the destroyed evidence would hurt the trucking company’s case

Protect Your Rights — Contact a Pasadena Truck Accident Lawyer Today

Getting the evidence needed to support a Pasadena truck accident claim requires swift action. You don’t need to worry about this while you’re recovering from truck accident injuries. A Pasadena truck accident attorney from the Law Offices of Pius Joseph can handle this step for you. Call or contact us today for a free consultation.

*This page is for informational purposes only. Past results do not guarantee the same outcome for your case.