As we mentioned in Part 1, good EDR data evidence can serve as one of your most effective evidentiary weapons in a claim against a negligent trucking company or railroad. But trucking companies and railroads often take great pains to avoid the costly consequences of their negligence. There are two main obstacles they might put in the way of your recovery of the EDR data evidence you need to prove your claim.
Spoliation is the alteration, destruction, or non-preservation of evidence relevant to pending or anticipated future litigation. Trucking companies and railroads might work to delay a case until the data has spoiled, lost, or destroyed. They might take direct action to “lose” the EDR and its data.
Your Conroe, TX injury lawyer could send a strong and detailed spoliation letter to the company at once as a way to help prevent the EDR data’s loss. Spoliation letters must be extremely detailed and must cover a number of specific legal points to be effective. The letters need to reference the legal and monetary penalties in place for spoliation of needed evidence.
Railroads and trucking companies might also harass company witnesses that could provide good evidence regarding some of the circumstances of the accident. The companies might forbid their employees from having any voluntary contact with you or your attorney. They might forbid the employees from voluntarily providing any information that your attorney requests. Regulations clearly prohibit this company practice in most instances. And your Conroe, TX injury lawyer could use relevant sections of federal and state codes to compel the delivery of needed information.
EDR data evidence remains one of the very best ways to prove some of the key elements of your accident injury claim. And most courts readily accept EDR data evidence as accurate and reliable. Your main difficulty lies in obtaining the EDR data evidence in usable form.
Trucking companies and railroads are well aware of the danger that EDR data evidence could expose their liability in an accident. So they might engage in underhanded practices to avoid supplying that evidence. You need a canny and experienced Conroe, TX injury lawyer who knows their dirty tactics and how to combat them.
Your effective Conroe, TX injury lawyer could ensure that you get the evidence you need for your case. He and his EDR expert witnesses could make clear and accurate interpretations and presentations of the data to secure a fair settlement offer from the defendant or to win over the jury in your case. Contact Tony Denena and Chad Points, Conroe, TX injury lawyers with more than a decade of winning experience in such claims, for your free accident consultation today.
Return to Part 1 of this article.