Do I Need to Preserve My Wrecked Car Following an Accident?

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In any kind of personal injury lawsuit, it is critical for the parties to the case to preserve any evidence that may be relevant to the litigation. If a party intentionally or negligently destroys relevant evidence, this is known as spoliation, and a judge may impose sanctions, up to and including dismissing the case (if the plaintiff is at fault) or issuing a default judgment against the defendant. However, a court must also consider all relevant facts and circumstances in deciding whether or not sanctions are necessary.

Cooper Tire & Rubber Company v. Koch

A recent Georgia Court of Appeals decision illustrates how not all spoliation is fatal to a plaintiff’s case. This decision involves an ongoing product liability claim arising from a fatal car accident. The victim was driving his vehicle on a Georgia interstate “when his left rear tire detached,” according to court records. The vehicle “swerved out of control,” hit a guardrail, overturned “several times,” and finally came to a stop in a ditch.

The victim initially survived the crash and remained in intensive care for several days before he ultimately died. During a brief period in which he regained consciousness, the victim told his wife that the “tire blew” on his car. He also told her to “save the tires.”

After the accident, a towing company removed the victim’s car and kept in a storage yard. Just prior to the victim’s death, his wife spoke with the owner of the storage yard. Since she could not afford the ongoing storage fees, she agreed to transfer the vehicle, which was totaled, to the yard owner, who then crushed it for scrap. Prior to the vehicle’s destruction, the wife had the yard owner “save the left rear tire,” per her husband’s request.

The wife subsequently filed a product liability lawsuit against the tire manufacturer, alleging it “defectively designed and/or manufactured” the tire that caused her husband’s fatal crash. As an initial matter, the defendant moved to dismiss the case, alleging the wife failed to preserve all of the relevant evidence. Specifically, while the wife preserved the “carcass” of the blown tire, she allowed the wheel, the other tires, and the “remnants of the detached tread” to be destroyed when she signed the vehicle over to the storage yard.

The trial court, and later the Court of Appeals, rejected the motion to dismiss. The Court of Appeals explained the wife was not liable for spoliation sanctions since, at the time she agreed to let the car be destroyed, it was not “reasonably foreseeable” that she planned to bring a lawsuit. Under Georgia law, a duty to preserve evidence only arises when a person has actual or constructive notice of potential litigation. “Constructive” notice basically means a reasonable person “should have known” that a lawsuit was likely or imminent, even if no overt action has been taken.

The Court of Appeals only reviewed and affirmed the trial court’s ruling on the defendant’s motion to dismiss. It did not rule on the merits of the plaintiff’s lawsuit. And it is possible that at trial, the plaintiff’s failure to preserve evidence will impair her ability to prove the defendant’s liability.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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