Our Miami semi-truck accident attorneys recognize that trucking collisions differ from other motor vehicle accidents. A big-rig crash is not just a collision involving a large vehicle, a collision involving a vehicle that outweighs the other vehicle by 25 times poses special dangers. When a semi-truck collides with an automobile, any resulting serious injury almost always involves occupants of the other vehicle. Because trucking companies anticipate potential liability, they frequently are geared up to dispatch investigators to a crash site within a few minutes. The trucking industry also is notorious for manipulating evidence. For example, driver logbooks that are used to track hours of service and maintenance are derisively referred to in the industry as “lie books.” This practice means that the issue of “spoliation” of evidence often arises in trucking litigation. While spoliation of evidence often is alleged against the trucking company, this blog examines a court decision in which the victim of an unsafe trucker faces these allegations.
In Cook v. Tarbert Logging, Inc., the plaintiff’s pickup was struck by a semi-truck driven by an employee of a logging company. Several months after the collision, the plaintiff retained an attorney, as well as an expert to examine the pickup. The expert’s investigation included taking measurements and photos, but the airbag control monitor was not accessed. This omission became a serious issue because the airbag control monitor could have revealed speeding by the plaintiff at the moment of impact. Continue reading →