Preserving evidence in the event of an accident is crucial to minimizing one's liability exposure. This is Part 6 in a nine part series of related discussions. The full list of the parts to this series appears following this installment.
The specific minimum requirements for records retention by interstate carriers, brokers, and freight forwarders are set forth in Part 379 of 49 CFR. While such regulations are not binding upon an intrastate, or otherwise exempt, entity, many states have adopted 49 CFR, in whole or in part, so that they may effectively apply. Moreover, even when they are not specifically applicable, a plaintiff may well argue that they provide an example of reasonable conduct, and thus the failure to abide by them could be deemed to constitute negligence, or provide the basis for a spoliation claim.... Read More