Spoliation & Preservation Of Evidence

By Brent Roche

Spoliation of evidence is a rule of evidence that applies when there is an intentional destruction of relevant documents or objects. If a party to a lawsuit is guilty of spoliation of evidence, the presiding judge may instruct the jury that they may presume that the destroyed evidence would have been adverse to the party who intentionally destroyed it. The party is free to try to overcome the negative presumption by presenting other evidence addressing the issue in question. An example of spoliation of evidence is where a tire manufacturer, who received an allegedly defective tire that was believed to have caused an accident, discards the tire before the victim’s representatives have examined and tested the tire.

An opportunity to collect some evidence can be forever lost unless prompt action is taken soon after an injury accident. Preservation of evidence can greatly assist an injured person pursuing an injury claim. For example, the severity of a traumatic injury is best shown with pictures of bruising, swelling, abrasions and lacerations. Likewise, most newer cars and trucks have “black boxes” that record key data for use in reconstructing an accident. When your car or the other vehicle is totaled it is important to talk with your insurance agent or lawyer about arranging for an expert to download the data from the vehicles before they are sold for salvage.

Call Racine Olson Today

When seriously injured in a car accident, it can be devastating to you, your friends and family, and your finances. If seriously injured, you will certainly miss work and you will accumulate medical bills. You need a passionate and experienced Idaho personal injury attorney to help you navigate through the process. If you have been injured through the fault of another for any reason, call our office today at (208) 232-6101. We answer all your questions for free.

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