In the aftermath of a commercial truck accident in Atlanta, preserving evidence becomes crucial for establishing liability and securing fair compensation. Spoliation of evidence occurs when critical accident-related materials are destroyed, altered, or lost – whether intentionally or through negligence. This can include electronic logging devices (ELDs) showing driver hours, truck maintenance records, dashcam footage, or physical evidence from the crash scene. For victims pursuing personal injury claims, spoliation can severely impact their ability to prove fault and demonstrate damages. Common issues include trucking companies failing to preserve vehicle data, allowing repairs before proper documentation, or not retaining relevant business records. When evidence spoliation occurs, courts may impose sanctions ranging from adverse jury instructions to default judgments against the responsible party.

Legal Rights and Considerations

Georgia law recognizes spoliation of evidence claims under O.C.G.A. § 24-14-22, which allows courts to draw negative inferences against parties who destroy or fail to preserve relevant evidence. Victims generally have two years from the accident date to file personal injury claims, but spoliation issues should be addressed immediately. Trucking companies must retain certain records under Federal Motor Carrier Safety Administration (FMCSA) regulations, including driver logs and maintenance records. Insurance policies typically cover commercial vehicles up to $750,000 or more in liability coverage. Available compensation may include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages if spoliation was intentional. Courts may also order specific remedies for spoliation, including monetary sanctions or evidentiary presumptions favoring the victim. An experienced Atlanta truck accident lawyer will handle all aspects of the legal claim.

If you've been injured in a truck accident, it is likely that you were riding in another vehicle, and the at-fault truck driver could have engaged in any number of dangerous behaviors that resulted in serious injuries. Click the links below to get help from an attorney who specializes in your type of accident or injury:

• Atlanta car accident attorney;
• Atlanta pedestrian accident attorney;
• Atlanta motorcycle accident lawyer;
• Atlanta brain injury lawyer;
• Atlanta spine injury attorney;
• Atlanta wrongful death claim lawyer.

Related Resources

Relevant Courts

• State Court of Fulton County
• Superior Court of Fulton County
• Georgia Court of Appeals
• U.S. District Court for the Northern District of Georgia

Support Services

• Georgia Department of Driver Services
• Atlanta Bar Association Lawyer Referral Service
• Georgia Brain and Spinal Injury Trust Fund
• Georgia Crime Victims Compensation Program

Legal References

• Georgia Code Title 40 (Motor Vehicles and Traffic)
• FMCSA Regulations (49 CFR Parts 300-399)
• Georgia Evidence Code (O.C.G.A. § 24-14-22)
• Georgia Department of Public Safety Commercial Vehicle Enforcement

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