Immediate Action and Evidence Preservation Can Make or Break Your Case

Evidence can disappear quickly after a semi-truck wreck. Once the vehicles leave the scene of the accident, it can be difficult to prevent the truck company from destroying or losing evidence that may be necessary to building your case against them. But choosing to hire a truck accident attorney immediately after a wreck gives your lawyer the opportunity to preserve that evidence.

On Veteran’s Day 2020, a hidden shipping defect on a semi tractor-trailer led to the death of James Alcorn. The semi-truck had been driving on I-70 in Wayne County, Indiana, when several large pipes fell from the trailer, causing the driver to stop in the passing lane of the highway. Mr. Alcorn’s vehicle collided with the back of the stopped trailer, and through accident reconstruction it was proven that it would not have been realistic for him to change lanes or stop in time due to a dip in the road.

After Craig, Kelley & Faultless was hired to take Mr. Alcorn’s case, investigation determined that the shipper was partially responsible for the wreck. They had incorrectly loaded the trailer, using wooden boards that were not fastened to the bottom of the trailer to brace the large pipes, causing those pipes to shift during transport. Once the load shifted, the straps become ineffective, resulting in a few of the pipes falling from the trailer.

The rapid response team at Craig, Kelley & Faultless had to move quickly to preserve evidence of this defect in order to discover who was liable for the wreck.

Preserving Evidence and Proving Liability

When a fatal truck wreck occurs, hiring a truck accident attorney immediately can greatly impact the outcome of your case. Once Mr. Alcorn’s family hired Craig, Kelley & Faultless, the firm sent out preservation of evidence letters the next day, stating that no one was allowed to adjust or unload the trailer of the semi involved in the wreck.

Promptly after the firm was hired, the legal team located the trailer in a junkyard. An investigator then stayed with the truck to ensure the pipes still on the trailer were not unpacked until the rapid response team arrived. Once they arrived, they took video as the cargo was removed from the trailer. They had an accident reconstructionist and shipping experts available at the inspection.

As the trailer was unloaded, the team discovered the shipper’s fastening defect. The defect was hidden under the load and was not obvious until the pipes were unloaded.

Watching the trailer’s unloading made it clear that part of the fault lay with the shipper, but that evidence would have been lost completely if the load was disassembled before the firm had a chance to investigate. Had that evidence disappeared, Craig, Kelley & Faultless would not have had a case against the shipper, meaning only the trucking company with minimum insurance could have been held liable for the wreck. This outcome would not have provided the Alcorn family with the compensation they deserved, and the shipper would not have faced consequences for their fatal mistake.

Nationally recognized and National Board of Trial Advocacy (NBTA) Board-Certified truck accident attorney David W. Craig states that, “Shipping and load securement semi-truck accidents are some of the toughest cases a personal injury lawyer handles. The law is tough and provides significant hurdles, like proving the defect is latent or hidden, that the truck driver was unaware of the hidden defect, and that the defect caused or contributed to the accident.”

The Importance of Hiring an Attorney Immediately

After a devastating truck wreck, families are often struggling with the serious injury or loss of a loved one, and hiring an attorney may feel like an afterthought. But seeking legal help immediately after an accident can affect the result of your case before the fight even begins.

By choosing to hire Craig, Kelley & Faultless the day after her husband’s accident, Mrs. Alcorn ensured that the firm was able to utilize its resources to investigate the wreck right away. Through the use of the rapid response and legal teams, the firm was able to preserve the evidence that was needed to pursue the Alcorn family’s case and get justice.

Injured After a Truck Wreck? Craig, Kelley & Faultless Can Help

Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired. Additionally, two of the firm’s litigation paralegals are board-certified in truck accident law by the Academy of Truck Accident Attorneys. As David has said, “We don’t just handle truck accident cases. We specialize in these cases.”

Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.

Reach out for a free case consultation today at (888) 253-5198 or online.

David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.