What Minneapolis Truck Crash Victims Need To Know About a Spoliation Letter

Posted on behalf of Steve Terry
on March 29, 2024 in Auto Accidents
Updated on April 11, 2024

Trucking companies and their insurers move quickly after a commercial truck crash. Within a few hours of a collision, they begin taking steps to try to limit their liability.

You need to move just as quickly to protect your interests as the victim of negligence. Deciding what to do, however, is quite a challenge when you are at the hospital recovering from your injuries.

At a time like this, calling an experienced lawyer is a critical step. A lawyer can begin working to gather evidence to build a case right away while you are focusing on your recovery. One step to preserve evidence after a truck crash may involve sending a spoliation letter to preserve evidence held by the trucking company.

Below, TSR Injury Law’s Minneapolis truck accident lawyers explain the importance of spoliation letters and the types of evidence they can preserve.

No upfront fees. Call to schedule a free legal consultation: (612) TSR-TIME.

What Is a Spoliation Letter?

A spoliation letter is a legal document written by a lawyer that gets sent to the trucking company and the trucking company’s insurer. This letter provides formal notification to these parties of the crash victim’s legal claim. Most importantly, the letter lists the types of evidence that cannot be destroyed, lost or altered.

Without a spoliation letter, the trucking company and its insurance carrier could take the opportunity to destroy evidence after a certain amount of time passes. The loss of this evidence would make it much harder to prove liability for the collision.

Your lawyer may also send spoliation letters to other related parties involved in the crash, such as the maintenance company that worked on the truck, brokers, or management companies.

Sending a spoliation letter is a key step in protecting the integrity of a claim’s evidence. It helps to provide all parties involved a fair chance to present their case.

What Evidence Can Be Preserved With a Spoliation Letter?

There are various pieces of evidence that can be used to establish fault in a truck crash. A well-crafted spoliation letter should say that all relevant evidence must be preserved. It should also list the specific types of evidence that cannot be destroyed or tampered with, such as:

Data from the truck’s electronic logging device (ELD), such as the number of hours the driver spent on the road
Truck maintenance records, which may reveal a history of mechanical issues or neglect of other issues that contributed to the crash
Dashcam footage from the truck
The truck’s GPS data, which can include details like speed and the route the driver was taking
Employment and training records for the driver
Cargo records, which might show cargo was not loaded properly
Witness statements collected by the insurance company after the crash
Pictures from the crash scene
The commercial truck involved in the crash, as an examination of the truck could provide clues about why the crash happened
The incident report completed by the truck driver
Alcohol and drug testing records for the driver
Dispatch records
Permit and license information for the driver
Emails
Voicemail messages
Text messages
And more

Why Is a Spoliation Letter Important to a Truck Crash Case?

Despite the truck driver or trucking company’s negligent actions, truck crash victims have the burden of proof. They must present evidence of negligence and show that the crash would not have occurred if it wasn’t for another party’s negligence.

Once your lawyer sends the letter and it is delivered, the party that receives it can face severe consequences for destroying or altering evidence. Your lawyer can present a spoliation letter to prove the evidence should have been left alone.

Often, the trucking company and its insurer possess the evidence victims need to prove their cases. If evidence possessed by the trucking company gets destroyed, it will be incredibly difficult to prove what happened.

As the legal process goes on, the insurance company may be more likely to settle because they know your lawyer will have a compelling case.

However, it is vital that you contact a lawyer quickly so they can help you build a case immediately after the crash. Calling a lawyer right away allows him or her to immediately preserve evidence, helping to ensure the accuracy and reliability of the evidence.

No matter how severely you were injured in the crash, or how strong the evidence is, the trucking company will try to deny fault. You need an experienced legal professional advocating for your best interests and to hold the trucking and insurance company accountable.

At TSR Injury Law, we are always prepared to take matters to court if the insurance company does not offer the compensation victims need. We have a proven track record of success in the courtroom and have helped thousands of crash victims secure justice.

Injured in a Minnesota Truck Crash? Contact TSR Injury Law

At TSR Injury Law, we understand the devastating impact a truck crash can have on your life. We also know how important it is for victims to have a prompt legal response.

If you were injured in a commercial trucking crash that you think could have been avoided, call our firm right away to find out if we can assist you. The faster you contact a lawyer, the faster he or she can work to preserve evidence and build a robust case.

Trucking companies fight hard to avoid accountability for the injuries and damages they cause. You need a trusted advocate fighting just as hard for your interests.

Zero upfront costs. Free initial legal consultation. More than $1 billion recovered. (612) TSR-TIME

Guide to Hazardous Material Truck Crashes in Minneapolis

Posted on behalf of Steve Terry
on October 19, 2023 in Auto Accidents
Updated on November 3, 2023

Hazmat truck crashes are rare, but in the past 10 years, the number of hazardous material truck crashes across the U.S. has been on the rise. In fact, according to a CBS News analysis of U.S. Department of Transportation data, these crashes have increased by 155 percent.

While any commercial truck crash is dangerous, hazmat truck accidents add an additional layer of danger. Crash victims could suffer injuries in the crash, as well as exposure to toxic materials that could lead to long-term injuries and medical issues.

At TSR Injury Law, our Minneapolis truck accident lawyers know how devastating commercial truck crashes can be, including those involving toxic cargo. Below, we discuss what drivers in Minneapolis should know about these situations, including liability and seeking compensation.

Call today for legal assistance. No upfront fees. (612) TSR-TIME

What Is the Definition of a Hazmat Truck?

A hazmat truck is a commercial truck that is specifically designated and authorized to transport hazardous materials, such as flammable liquids, explosives or acids. Hazmat trucks come in many shapes and sizes, depending on the types of hazardous materials they are transporting.

There is an extra layer of danger in operating a hazmat truck, which is why drivers must have a specific endorsement certifying they have been trained on how to safely transport hazardous cargo. Hazmat truck drivers are often required to pass a special type of background check to further ensure drivers will take the proper safety precautions.

Hazmat trucks are also required to have more liability insurance than other commercial trucks because of the additional danger their cargo poses.

Types of Hazardous Materials Carried By Commercial Trucks

The Federal Motor Carrier Safety Administration (FMCSA) created nine classes of hazardous materials, which include:

Class 1: Explosive materials – These are combustible materials that carry a risk of explosion, such as dynamite, flares, fireworks, ammunition and blasting agents.
Class 2: Compressed gases – This class includes compressed gases that are flammable or non-flammable, such as propane, helium and fluorine.
Class 3: Flammable liquids – Examples of substances in this class include gas, jet fuel, motor oil and ethanol.
Class 4: Flammable solids and spontaneously combustible materials – This class includes materials like activated charcoal, sulfur and aluminum powder.
Class 5: Oxidizers and organic peroxides – These are substances that help burn other materials, like ammonium nitrate.
Class 6: Toxic materials and infectious biological substance – This class includes things like rat poison, potassium cyanide and infectious viruses, like anthrax, Hepatitis B and Marburg virus.
Class 7: Radioactive substances – There are numerous examples of radioactive substances, such as uranium.
Class 8: Corrosive substances – These are substances that can quickly corrode or burn other substances, like battery fluid and other strong acids.
Class 9: Miscellaneous materials – Substances that do not fall into any other classes are considered miscellaneous. Common examples include lithium-ion batteries and dry ice.

Injuries That May Result From a Hazmat Truck Crash

Commercial truck accidents with smaller passenger vehicles, bicyclists or pedestrians can cause a variety of severe injuries, from soft-tissue damage to traumatic brain injuries, spinal cord injuries and amputations.

Hazmat truck crashes also create a risk of exposure to toxic chemicals that could cause serious or life-threatening illness. Once toxic substances become airborne, they can no longer be contained and even people miles away from the crash site could be in danger of breathing in toxic fumes.

In some cases, toxic substances cause short-term symptoms, like skin or eye irritation. However, others could develop a range of permanent respiratory or neurological problems or increase your risk of other dangerous medical conditions later in life. For example, exposure to a high dose of radiation could increase the risk of cancer.

Hazmat trucks often carry flammable substances that could cause large explosions. These explosions could cause serious or life-threatening burn injuries to those nearby, along with smoke-inhalation injuries. The substances that burn may also be toxic, increasing your risk of respiratory or neurological complications.

Safety Violations That Could Cause the Release of Toxic Substances

Despite the best efforts of the driver and the company that loaded the hazardous cargo, toxic substances could leak out in a crash. While the truck driver may have been cautious about loading the cargo, he or she may have been negligent behind the wheel, causing the crash. For example, the driver may have been speeding, distracted or making an unsafe turn or lane change.

Unfortunately, drivers and other parties are not always as cautious as they should be about securing hazardous cargo. There may have been various violations of FMCSA regulations on transporting hazardous materials. In fact, the FMCSA maintains a dashboard of HazMat violations. These are some of the most common violations for the 2023 fiscal year, as of September 28:

Package not secured in trailer – 3,427 violations
Transporting materials that were not prepared according to regulations – 639 violations
Failure to properly mark the cargo with tank with an emergency shutoff – 617
Failure to maintain or make emergency response information accessible – 1,398

There are specific rules about the loading, transporting and unloading of bulk tanks, and if these rules are not followed, it puts others at risk of exposure to toxic or flammable materials. There are also rules on which materials can be loaded together and which ones should not be loaded together.

Improper labeling could result in crash victims not knowing they were exposed to toxic substances during and after the collision. This could result in a delay in medical treatment, which could increase the risk of permanent illness.

Who Can Be Held Liable For a Hazmat Truck Crash?

While truck drivers are often held liable for truck crashes, their employers may also be vicariously liable. They may have been negligent in the hiring process or in the process of ensuring hazardous materials were handled properly. Trucking companies may have let a truck continue to be on the road even though it had failed inspections. The owner of the hazardous cargo may also bear liability for improper labeling and any other oversights.

Why You Need an Experienced Lawyer To Manage Your Claim

It takes an in-depth investigation to determine liability for a hazmat truck crash. This includes everything from reviewing state and federal regulations and trucking company records, to hiring a crash reconstruction expert and pulling black box details from the vehicles involved. You also need to know what to look for and what steps to take to quickly preserve evidence before it is altered or lost.

These are just a few of the many reasons victims need help from an experienced law firm. We know commercial truck crashes can result in life-changing injuries, and hiring the right law firm is the first step in determining who may be liable for the crash and which insurance policies are involved.

Are You a Victim of a Minneapolis Truck Crash? Call TSR Injury Law

Commercial truck crash victims need experienced legal assistance. These cases are not the same as car accident cases. There are so many factors involved in a commercial truck crash case, including powerful insurance companies and trucking companies fighting hard to avoid accountability.

At TSR Injury Law, we level the legal playing field, fighting for the best interests of those injured by another’s negligence. Like you, our goal is to secure maximum compensation for your injuries and damages.

Our legal services come with no upfront costs or obligations.

Give us a call today to discuss how we may be able to help you: (612) TSR-TIME.

8 New Case Results Have Been Added to the TSR Website

Posted on behalf of Steve Terry
on April 20, 2023 in Firm News

We have added eight new case results to the case results page of the TSR Injury Law website. The results are detailed below.

If you were injured in an accident that was caused by negligence, we may be able to help you seek compensation for your damages. Visit our case results page to learn more about some of the cases we have worked on and the results we have obtained.

Our firm has recovered more than $1 billion on behalf of our clients and there are no upfront fees with our services.

Work Injury – Confidential

TSR obtained an eight-figure confidential settlement for a person who suffered a traumatic brain injury in a workplace accident.

Personal Injury – $12,000,000

Rich Ruohonen represented an individual in his 40s involved in an accident whose injuries resulted in amputation of his leg for a settlement of $12 million.

Truck Accident – $4,000,000

Partner Rich Ruohonen obtained a $4 million settlement for a woman who suffered a dominant arm injury caused by a crash with a commercial semi-truck.

Truck Accident – $875,000

Maria was seriously injured when she was stopped at a light and a garbage truck caused a crash in which it deflected off another vehicle and hit her stopped vehicle. Her vehicle was destroyed in the crash. The crash resulted in injuries including a broken leg requiring open reduction fixation surgery and a severe hematoma to the leg which required surgery to draining the hematoma. Partner Rich Ruohonen obtained a $875,000 settlement for Maria.

Car Accident – $325,000

Ben was injured when he was on his way to a job site and his van was rearended at a high rate of speed. He ended up having injuries including a cervical disc herniation resulting in neck pain and mild traumatic brain injury. Ben received several injections for the pain in his neck and therapy for his brain injury. Partner Rich Ruohonen was able to obtain a settlement for $325,000 for Ben.

Personal Injury – $1,000,000

N.R. suffered a severe, traumatic brain injury while under the care of commercial daycare provider. She is believed to have been shaken while at the day care by one of the workers. There were no cameras at the daycare to show what occurred. When she was picked up by her parent, she seemed lethargic and a police investigation ensued, and it was narrowed down to two workers that cared for her that day as being the cause of what occurred. Neither would admit that anything unusual occurred. Medical doctors confirmed this type of brain injury usually only occurs in the event a child is shaken. Partner Rich Ruohonen is well-known for representing children who are injured as a result of daycare provider negligence and was hired to represent N.R. He was able to secure a $1,000,000 settlement for N.R. Although N.R. still has ongoing effects from the traumatic brain injury, N.R. has improved far better than ever expected and should lead a normal life.

Car Accident – $140,000

R.K. was rearended when a teenager was going too fast in icy conditions and could not stop in time. R.K. suffered a mild traumatic brain injury with mild post-traumatic stress disorder. She also suffered neck and upper back injuries with associated headaches pain which were treated with occipital nerve blocks. The PTSD really only affected her ability to drive in snowy and icy conditions without anxiety. She received therapy for her PTSD as well. There were numerous accidents across the metro area that day due to icy roadways. The teenage driver of the car claimed there is nothing she could do as she slid on ice for several hundred feet. Partner Rich Ruohonen took her deposition and proved her inexperience in driving in icy conditions was the reason she crash into R.K. that day. This matter was resolved for the policy limits of $100,000 shortly after the deposition. The underinsured case then was settled for an additional $40,000 resulting in a total settlement of $140,000.

Motorcycle Accident – $175,000

Tim was injured in a motorcycle crash when an inattentive driver turned left in front of him. He tried to lay down the motorcycle before hitting the vehicle, but a collision occurred with the vehicle. The insurance company for the vehicle tried to state it was Tim’s fault for going too fast but TSR was able to obtain a video from local retail store which showed he was not going fast like the insurance company claimed. Tim had a cut on his head and suffered a concussion. He also developed headaches and neck and upper back pain. He was treated by a neurologist with trigger point injections and occipital nerve blocks approximately every three months for the neck pain and headaches. After receiving a minimal offer from the insurance company, TSR Partner Rich Ruohonen sued out the case and after significant litigation and a mediation was able to secure a recovery of $175,000 for Tim.

Were you injured by another’s negligence? Call TSR: (612) TSR-TIME.

Tag: truck accident