BUTLERlTOBIN PERSONAL INJURY TRIAL ATTORNEYS

Transcription

1 BUTLERlTOBIN PERSONAL INJURY TRIAL ATTORNEYS December 4, 2014 liit transmittal via Certified Mail: McElroy Truck Lines, Inc. Mr. Jay McEIroy, President PO Box Spur, Cuba, AL "^^transmittal via Facsimile: '"'^transmittal via Electronic-mail: 4^^^ transmittal via Telephone Communication: (800J (contents of correspondence discussed] Dear Mr. McElroy: 1have been retained to represent Ms. Sylvia Hall with regard to the serious bodily injuries she suffered this past Monday, December 1, Our investigation shows that one of your McElroy Truck Lines, Inc. tractor-trailers crashed into our client's vehicle on 1-20 west. McElroy Truck Lines, Inc. tractor-trailer was driven by Thomas Patrick Wallace. Ifyou are represented please direct this correspondence to your attorney. At this time, we request that you preserve the following items. Ifyou fail to properly secure and preserve these important pieces of evidence it will give rise to the legal presumption that the evidence would have been harmful to your side of the case. Lane v. Montgomery Elevator Co. 225 Ga. App. 523, 484 S.E. 2d 249 [1997],/.B. Hunt Transport Inc. v. Bentley, 207 Ga. App 250, 427 S.E. 2d 499 [1992], and Bennett v. AssociatedFoodStores, Inc Ga App. 711,165 S.E. 2d 581 [1968]. As you know, failing to preserve this evidence could lead to severe, adverse legal consequences. AMLl Residential Props., Inc. v. Georgia Power Co., 293 Ga. App. 358, 363 [2008]. If you fail to preserve and maintain this evidence, we will seek any sanctions available under the law. The 1 specifically request that the following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed in any manner: 1032 N. DB.UID HILLS RD. j SUITE 250 j ATLANTA. GA TELEPHONE: FACSIMILE:

2 1. The tractor and trailer involved in this collision. 2. Any photographs made by your driver or anyone on your behalf at the scene of the collision, or ofany vehicle involved in the collision. 3. Any and all driver's logs for Thomas Patrick Wallace (hereinafter "driver") of the tractor dating from 60 days before December 1, 2014 through December 2, 2014, together with all material required by 49 C.F.R and for the driver involved in the above matter. 4. All OmniTRAC, Qualcomm, MVPc, QTRACS, OmniExpress, TruckMail, TrailerTRACS, SensorTRACS, JTRACS, and other similar systems data for the six (6) months prior to the collision for this driver and tractor wherever stored. You are hereby notified that you are required to place your supplier of the above system, as your agent, on notice that they are to save this data. 5. Any lease contracts or agreements covering the driver or the tractor or trailer involved in this collision. 6. All existing driver vehicle inspection reports required under 49 C.F.R for the vehicle involved in the above collision. 7. The driver or McElroy Truck Lines Inc.'s accident register, Form MC-50,or any other such similar document reporting information surrounding the subject motor vehicle incident. 8. Bills of lading for any shipments transported by for the day of the collision and the thirty (30) day period preceding the collision. 9. Thomas Patrick Wallace's ("Driver") complete driver qualification and driver investigation history files as required by 49 C.F.R and , including but not limited to: a. Application for employment; b. Driver's commercial driver's license; c. Driver's certification ofprior traffic violations; d. Driver's certification of prior collisions; e. Driver's employment history; f. Inquiry into driver's employment history, and all written records with respect to each past employer who was contacted regarding the driver's qualifications;

3 g. Copies of the written response from each state agency contacted with reference to the driver's driving record, both pre-employment and annually; h. A copy of the driver's list of violations of motor vehicle traffic laws and all writings giving notification to you of said driver's convictions or suspensions for violating a state or local law relating to motor vehicle traffic control; i. Annual review of driver history; j. Certification ofroad test; k. Medical examiner's certificate and all records of physical examinations; 1. All writings containing the results of any drug and/or alcohol test administered to the driver of the tractor at any time before or after the subject motor vehicle incident; and m. HAZMAT or other training documents. 10. Any and all copies of the following records pertaining to the tractor and trailer and Thomas PatrickWallace for the entire trip during which this collision occurred: a. dispatch records; b. daily inspection reports; c. all fax transmissions; d. mobile radio records; e. cell phone records; f. all incident or tow truck records for any vehicle or transport device towed from the incident; g. trip summaries; h. delivery manifests; i. toll tickets; j. fuel receipts; k. weight tickets; 1. fuel tax records; m. state entry and departure records; n. expense sheets; o. manifests and weigh bills; p. rental contracts; q. oversize permits; and r. out ofservice orders. 11. Your company's accounting records, cargo transportation bills and subsequent payments or other records indicating billings for transportation or subsequent payment for the transportation of cargo aboard the tractor and or trailer at the time

4 of incident with both front and back of canceled checks for cargo. 12. Any and all copies of the followingrecords pertaining to the tractor and trailer prior to the date ofthis collision: a. All driver vehicle inspection reports required under 49 C.F.R for the vehicle involved in the above collision; b. All maintenance, inspection, repair, work and service repair records for the truck and trailer involved in the collision dating from [date six months before wreck] to the present; and c. All annual inspection reports for the tractor and trailer involved in the above collision, up to and includingthe date of the collision. 13. All photographs, video, computer generated media, or other recordings of the interior and exterior ofthe vehicles involved in this collision, the collision scene, the occurrence, or relating to any equipment or things originally located at or near the site of the occurrence. This specifically includes an)^hing from DriveCam or similar systems. 14. Any interchange agreements regarding the tractor or trailer involved in this collision. 15. All data and printout from on-board recording devices, including but not limited to the ECM (electronic control module), any on-board computer, tachograph, trip monitor, trip recorder, trip master or other recording or tracking device for the equipment involved in the collision, for the day of the collision and the six (6) month period preceding the time of the collision. We specifically request the opportunity to download all data recorded in the ECM module at the time ofthe collision. 16. All post-collision maintenance, inspection, or repair records or invoices in regard to the tractor and trailer involved in the above collision to include any electronic material. 17. All weight tickets, fuel receipts, hotel bills, tolls, or other records of expenses, regardless of t5q)e, regarding the driver or the tractor or trailer involved in this collision for the day of the collision and the thirty (30) day period preceding the collision. 18. Any trip reports, dispatch records, trip envelopes regarding the driver orthe tractor or trailer involved in this collision for the day of the collision and the thirty (30) day period preceding this collision.

5 19. Any s, electronic messages, letters, memos, or other documents concerning this collision. 20. The collision register maintained by McElroy Truck Lines Inc. as required by federal law for the one (1) year period preceding this collision. 21. Any drivers' manuals, guidelines, rules or regulations given to drivers such as the one involved in this collision. 22. Any reports, memos, notes, logs or other documents evidencing complaints about the driver in the above collision. 23. Any DOT or PSC reports, memos, notes or correspondence concerning the driver or the tractor or trailer involved in this collision. 24. The pre-trip inspection report completed by the driver for the trip involved in this collision. 25. All settlement sheets and expense sheets for the driver pertaining to trips taken for the day of the collision and thirty (30) days prior to the collision. 26. Cargo pickup or delivery orders prepared by motor carriers, brokers, shippers, receivers, driver, or other persons, or organizations for thirty (30) days prior to the date of the collision as well as the day of the collision. 27. Accounting records, cargo transportation bills and subsequent pa3nnents or other records indicating billings for transportation or subsequent payment for the transportation of cargo, with both the front and back of cancelled checks for cargo transported by the driver and/or tractor involved in the collision for thirty (30) days prior to the date ofthe collision as well as the day of the collision. 28. Any other items associated in any way with the wreck, documents, database, or other piece of evidence concerning or reflecting upon the driver, the collision, the tractor or the trailer. 29. The entire personnel file of the driver involved in this collision. 30. Any and all bills for communications via mobile or satellite communication systems, , cellular phone, pager or other in cab communication device to include the devices for the day before, the day of, and the two days after the collision.

6 31. Any and all computer, electronic, or messages created in the first forty eight hours immediately after the collision, by and between anyone at your company and any agents or third parties relating to the facts, circumstances, or actual investigation of the collision as well as any computer messages which relate to this particular collision, whether generated or received by you or your agents. We require you to put any vendor which hosts or stores this data for you on notice of the need to preserve this data. The time period for which we expect you to comply, is at a minimum, from three days ago through yesterday In order to assure that your obligation to preserve documents and things is met, please immediately forward a copy of this letter to all persons and entities with custodial responsibility for the items referred to in this letter. In regard to the tractor and trailer involved in this collision, we would like to set up a time for our expert to inspect, examine, and conduct tests on the tractor and the trailer. We specifically request that you make no repairs or adjustments to the tractor or trailer until this inspection is completed. In addition, we specifically request that you please keep the tractor in its current location i.e. do not put it back out into service until our expert has had a chance to inspect, examine, and conduct tests. Please contact us to discuss the scheduling ofan inspection. Thank you for your attention to this matter. I look forward to your prompt response. Sincerely, BUTLER TOBIN, LLC Darren M. Tobin , V. 1