Is it legal for the trucking company to destroy evidence after a truck accident?

It is never legal for anyone, including a trucking company, to destroy evidence after a truck accident. This is called tampering with evidence, or spoliation of evidence, and it carries serious penalties. It is considered a felony and is punishable by fines and years of imprisonment. Each act of evidence destruction may be treated as a separate offense. Destroying evidence is also against trucking regulations. 

Although it is illegal to destroy evidence connected with a crime or court case, many trucking companies do it to release themselves of any liability. Trucking companies often have millions of dollars in insurance liability, so they have a lot to lose if they are held liable for a truck accident. This is why you need the help of a knowledgeable truck accident attorney who can advise you how to defend yourself against someone who is trying to deny fault. 

Trucking companies can cover a truck accident and driver in the following ways: 

  • leave the scene of the truck accident;
  • remove any property damaged in the accident; and
  • throw away or delete any evidence of the truck accident

 

A truck accident attorney can review your case and let you know what you are entitled to. He or she will also inform you of what to do if the trucking company goes against trucking regulations and destroys any evidence in connection with the case. 

If you were involved in a truck accident and live in the Atlanta area, you should contact truck accident attorney Sheryl Burke of S. Burke Law. Sheryl and her staff will treat you like family and give your case the attention it deserves. Contact her today at 1-404-467-0909.

Sheryl L. Burke
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Atlanta Injury Attorney