Preserving Evidence in a Permian Basin Accident Case


big rig driving down New Mexico roadTime is of the essence after any auto accident. Witness statements need to be collected before memories fade, photos must be taken before vehicles are moved, and physical evidence needs secured immediately. Preservation of evidence is never more important than it is for a Permian Basin truck accident case. These roadways are highly trafficked and weather conditions, like wind and rain, can be harsh. Hopefully, police officers on the scene will do a thorough investigation and document all evidence appropriately. Unfortunately, evidence can be easily overlooked and not every accident gets special investigation from officers. 

Hiring a personal injury attorney with an experienced investigative team will ensure that evidence is preserved, and that you get fair compensation for your injuries. 

Here are the top reasons you want a sophisticated legal team to investigate your truck accident.

1. We Tell the Story with Evidence

Though the police report gives unbiased factual information about the accident, it doesn’t always tell the entire story. Collection of eyewitness statements, photos, and video are important. But, our investigative team will also collect the truck’s electronic data or black box, driver’s cell phone data, and evidence from the scene. This information is imperative in telling what happened before and after the accident took place. 

2. We Get to Evidence Before it Disappears

As time passes, the damaged truck may be repaired, crash markings on the road may disappear from weather, and video data may be recorded over. The more quickly you get an attorney involved, the more quickly they can get a preservation letter out to the defendant trucking company. A preservation letter is a written request to defendants who are custodians of evidence asking that they preserve the evidence and not allow it to be destroyed or altered until someone from the plaintiff’s team can inspect and document it. If the defendant does not abide by this request, then it may be harmful to their case at trial. 

3. We Learn About the Truck Driver and Trucking Company

It is critical to investigate the history of the truck itself, the truck driver, and the trucking company. Our investigative team at Keller & Keller conducts a thorough investigation on all three pieces. The Federal Motor Carrier Safety Administration (FMCSA) has strict guidelines that must be documented and followed. First, we request the maintenance records for the vehicle itself. If there was a mechanical issue that played a part in the crash, the truck’s inspection and repair records will be important. Secondly, we request the truck driver’s safety records. Proof of a driver’s history of safety violations may show that the company is liable for negligent training and/or hiring. Finally, we request the company’s safety record. If the trucking company has been cited for violations in the past, it helps a case for negligence. 

4. We Level the Playing Field 

Big trucking companies have deep pockets and experienced teams. By hiring an experienced truck accident law firm, you level the playing field. The team of attorneys for the trucking company will be trying to protect their assets. We will hire experts and use evidence to fiercely fight for your just compensation.

The bottom line is that truck accidents are complicated and can be far more complex than other auto accident cases. The likelihood of severe injuries combined with the trucking company’s deep pockets and federal regulations often results in intense legal battles that require experienced attorneys. Our team at Keller & Keller has handled thousands of big truck cases and many in the Permian Basin. We are recognized as one of the top-rated personal injury firms in the state of New Mexico. Contact us today for a free consultation. 

James R. Keller
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Partner at Keller & Keller