The trucking company that was involved in my accident has a poor reputation and I am concerned that they may try and destroy evidence necessary to prove my case. Can anything be done?

Yes. To destroy evidence is not only unethical, it is illegal. Regardless, truck drivers and their employers have an incentive to destroy evidence that does not support their version of the facts of the accident. Although parties in a truck accident have a duty to retain evidence that could be relevant to the accident if they believe the accident could be the subject to litigation, there are many examples where this has not been done. Repairs are sometimes made to the truck soon after the accident and maintenance records may also be altered.

That is why it is critical that you seek immediate legal assistance as soon as possible following a trucking accident. After retaining Hurt, Crosbie and May, our lawyers assigned to your case will ensure that correspondence is sent to the potential defendants as soon as possible to put them on notice of a potential claim. In Kentucky, the destruction or alteration of evidence by a party gives rise to inferences or presumptions unfavorable to the spoliator. Specifically, if we discover that the trucking company has altered or destroyed evidence, we will demand that the judge issue a spoliation instruction to the jury to assume that the destroyed evidence contained information most favorable to the injured party.

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The trucking company that was involved in my accident has a poor reputation and I am concerned that they may try and destroy evidence necessary to prove my case. Can anything be done?

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