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First Step in an Indiana Truck Accident Claim

Posted by Guy DiMartino | Jan 31, 2015 | 0 Comments

After an Indiana truck accident the first step must be done immediately. This first step is the preservation of evidence or spoliation letter.  Our goal with this letter is the 3 “Ps”

  • To Place;
  • To Protect; and
  • To Preserve

To Place

All potential parties are placed on notice of the claim.  This will include the owner of the tractor, the owner of the trailer, the driver and any other potential parties that may be responsible for the crash.

Protect and Preserve

In this letter, we tell them the potential parties that they must protect and preserve anything having to do with the accident.  This will include:

  • The tractor
  • The trailer
  • Log books
  • Maintenance records
  • Bills of lading
  • GPS data
  • Black Box data

Preservation of Evidence Letter

This is the most important part of truck accident case because if the evidence is lost or destroyed, you may not be able to prove your claim.  For instance, if the ignition switch is turned over a number of times, the black box data can be erased. If the speed of the truck just prior to the crash becomes an issue, without the data, we may have a difficult time proving negligence.

Even if you are not sure if you are going to make a claim after an Indiana truck accident, you should still send out a preservation of evidence letter because you only have one chance to preserve the evidence. Remember, with time, evidence is lost or destroyed and peoples' memories fade so it's important to move as quickly as possible. If you have any questions CallGuy DiMartino Law at (219) 690.8997 

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...


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