In many cases, even though it may not seem important at the time, it later becomes vitally important to have access to the physical evidence of an accident. For example, in cases where a passenger is ejected from the vehicle, it is necessary to examine the seatbelt to determine if it was functioning properly. If the seatbelt is lost because the car which contains it is sold or destroyed, it may be impossible to bring a claim against the seatbelt manufacturer and/or the car manufacturer – something which can make or break the recovery of damages in cases where there is little or no other adequate insurance coverage available.
If the evidence is removed to another location, it is important to put everyone on notice by certified mail, including owners, tow operators, wrecking yards, police impounds, and the like, that they must take every step to preserve important evidence, and the failure to do so will subject them to being sued for allowing evidence to be destroyed. In some cases, we are required to go to court quickly to get a restraining order and preliminary injunction in order to avoid alterations or destructive handling and testing of potentially incriminating evidence.
If you are unable to retain any piece of evidence associated with the accident, contact our office immediately at (480) 222-2020. At Wattel & York, Attorneys At Law, we work with investigators and other expert personnel who often can rush to the scene of any serious accident and preserve and document valuable evidence before it is lost.