Preservation of Evidence – Key to a Successful Case

Essential Element to a Successful Case - Preservation of Evidence | McKay Law

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When someone thinks of a successful case, whether criminal or civil, it’s sort of easy to remember favorite crime shows. The stakes are high, and the race is furious to collect evidence in order to catch the “bad guy”. In a moment of time, investigators are interviewing witnesses and collecting fingerprints. In a personal injury case, the pace of preserving evidence should be just as furious.


When a company finds out about a commercial car wreck case, it is not uncommon for companies to get rid of the evidence. Without much hesitation, valuable evidence seems to disappear. However, with the help of a spoliation letter, evidence can be spared. A spoliation letter is a letter that is sent to a trucking company that instructs them to preserve specific documents and items listed in the letter.

If evidence is destroyed after the spoliation letter is properly served, the company could be held liable for destroying or damaging evidence. Accordingly, it is imperative that an injured victim of a personal injury case should contact an attorney immediately for a better likelihood of a successful case. Doing so could likely prevent a trucking company from continuing to use a truck that has just been involved in a collision.

ECM Download

All commercial vehicles, 18-wheelers, tractor-trailer rigs, as well as any other vehicle have what is called an Electric Control Module (ECM), also known as the “black box”. Once a vehicle is started after being in a collision, the ECM data is likely to be erased. Generally speaking, the ECM will be able to tell the direction the vehicle was traveling, the degree and angle of steering at the time of the collision, the acceleration of the vehicle, as well as many other things.

If the damage to the 18-wheeler is not significant enough to keep it from driving, the logistic company may choose to keep the vehicle in service, which will likely ruin the chance to download the ECM data. As stated above, hiring an attorney as quickly as possible is imperative to a successful case because an attorney can send a spoliation letter, preserving the ECM data.

Key Element to a Successful Case - Dash Cam | McKay Law

Dashcam Videos

It is now common for commercial motor vehicles to have dashcam footage as well as cab footage of the collision. If a spoliation letter is sent early on, this evidence could be preserved, which may save your successful case depending on the circumstances.

With the spoliation letter, the motor carriers will have no option but to retain and preserve their evidence. Depending on the evidence at hand, this could make or break someone’s case. Suppose that a truck driver was looking down at the time of a collision. With the ECM, the data will reveal key elements to how the wreck happened.

We Know What Successful Case Looks Like

Lindsey McKay of McKay Law, PLLC is dedicated to preserving evidence in your case. We know the elements of successful cases and how to apply the relevant ones to your case. If you have been involved in a commercial motor vehicle collision, CALL TODAY because time is of the essence! Our numbers are (903) 999-2653 (BOLD) and (903) INJURED.

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About McKay Law

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Caleb Moore
Caleb Moore
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This business does truly care about their clients and their needs! They have an amazing staff, and are one of the best places in the area for sure!
Amy Patterson
Amy Patterson
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McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!
Alexandra Serrano
Alexandra Serrano
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She, was very helpful she gonna fights for your right !!! Awesome lawyer and company’s 👍🏻👍🏻👍🏻👍🏻👍🏻👍🏻
Carmen Montoya
Carmen Montoya
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Lindsey and her team were very professional! I am so thankful to have had them work on my case.
Jenny Wakeland
Jenny Wakeland
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Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.
Cobbie Johnson
Cobbie Johnson
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Very professional greatest law firm I’ve ever worked with.

Why McKay Law?

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Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

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