Company A had a load to be moved, but no power unit available, so it offered the load to Company B and a deal was struck. Company B's power unit hooked up to company A's trailer and headed off to the consignee. The unit was then involved in a serious accident, due to the negligence of Company B's driver, resulting in $1.7 million dollars in damages.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 9 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

Part 9 - The Impact of Failure to Preserve Evidence... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 8 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

“Litigation Hold” is a commonly used term of art referring to the duty to preserve evidence when one has knowledge, actual or constructive, that such evidence is likely to be relevant to resulting litigation. The primary question is when such a duty is triggered. Once it is triggered, the issue then becomes the scope and timing of what action one should take, and what evidence one should preserve.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 7 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

The development of technology has dramatically changed the world in which we live. Not that long ago, email and other electronic forms of communication, and information storage, were a novelty. Now, they are commonplace. In fact, it has been estimated that 95% of all information is now digital, and that more than 3.2 trillion emails are sent annually.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 6 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

The specific minimum requirements for records retention by interstate carriers, brokers, and freight forwarders are set forth in Part 379 of 49 CFR. While such regulations are not binding upon an intrastate, or otherwise exempt, entity, many states have adopted 49 CFR, in whole or in part, so that they may effectively apply. Moreover, even when they are not specifically applicable, a plaintiff may well argue that they provide an example of reasonable conduct, and thus the failure to abide by them could be deemed to constitute negligence, or provide the basis for a spoliation claim.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 5 in a 9 part series of related discussions. The full list of the parts to this series appears following this installment.

Companies typically conduct investigations of accidents in which their equipment is involved, often through a "safety committee". Such investigations frequently include a "preventability" finding in conjunction with the accident. While there are legitimate reasons to conduct such investigations (e.g. the attempt to avoid similar accidents in the future), they should be conducted with their potential impact on related civil litigation in mind.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 4 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

A key component of the physical evidence in any truck accident is the data available from any ECM or EOBR on the power unit or straight truck involved. One should attempt to promptly identify the types of devices that are on the unit, and to have someone with the requisite expertise download and retain the data. It is imperative to confirm the devices before the unit is moved at the scene, as sometimes merely restarting the engine, or a subsequent "hard stop", can erase data. ... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 3 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

The driver of a commercial vehicle may receive a citation in conjunction with an accident. The fact, and disposition, of such a citation may have several potential impacts on a related civil claim arising out of the accident.... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 2 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.

A motor carrier, and/or its insurer, will typically have several people respond to the scene of a serious accident. The Company, for example, will usually have a safety representative respond. In addition, defense counsel may respond, along with certain other vendors, such as an accident reconstructionist. ... Read More

Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. Despite safety efforts, accidents are sometimes going to occur. Your exposure in related litigation may be extensive. Accordingly, it is crucial you have tools in place in the cab, and to train your drivers on how to do use them in the event of an accident.... Read More