When evidence goes missing or gets destroyed after an accident, it can seriously complicate a case, but it doesn't automatically end it. If a party had a legal obligation to preserve evidence (for example, after receiving a preservation letter) and destroyed it anyway, courts can respond in a few ways:
- Allowing a jury to assume the destroyed evidence would have been unfavorable to the party that destroyed it
- Imposing sanctions against the responsible party
- In some cases, ruling in favor of the injured party on certain issues
This is why fast action matters so much after an accident. Getting a preservation letter out quickly, and documenting the scene ourselves, reduces the risk of losing critical evidence in the first place.
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