Although the statute of limitations in West Virginia allows you two years to file a claim, call a lawyer right away because trucking records – a potential main source of accident evidence – may be destroyed by the trucking company after a certain period of time. Waiting too long may result in the loss of evidence, which could impact your claim.
When Records Can be Destroyed
Truck records can be destroyed by trucking companies after a certain period of time. According to the Federal Motor Carrier Safety Administration, certain trucking records must be retained for at least six months. These records include truck driver logs and accident reports.
Electronic information, such as information from GPS devices and black boxes, may be erased after 30 days, but sometimes the information may be deleted after just two weeks. It is not a requirement to destroy records.
However, some companies destroy them anyway so they are no longer in possession of any physical evidence that might be considered incriminating. Black bo
xes can hold important information like speed, safety belt use, and the status of the lights on the truck, among other things.
Why You Need to Act Quickly
After a truck accident, some trucking companies may work quickly. They may even have lawyers or other representatives at the accident scene immediately following an accident to assess the situation. Because liability in an accident means higher insurance rates for trucking companies, some may attempt to hide or delete evidence. Tampering with evidence like trucking records is a crime, but it’s a risk that some companies take.
If you are looking to file a lawsuit, inform your lawyer right away. They can take the necessary actions to secure the data from the black box and other electronic equipment found on the truck. They can also inform the trucking company of the intent to sue so that the company can hand over driver logs and other records that can prove useful to the case.
Contacting a Lawyer for Help
Truck accidents may be very complex because of the numerous parties that may be held liable depending on the circumstances. In addition, some trucking companies take risks by destroying trucking records and other evidence related to the accident to wash their hands clean of any wrongdoing. A lawyer will need to be knowledgeable of the various methods that can be used to obtain evidence.
If you were involved in an accident, time may be of the essence. Trucking records may be destroyed, which may impact the accident evidence you need to win your case.
