Can I still win my case if the trucking company destroyed evidence?

Can I still win my case if the trucking company destroyed evidence?

Yes — and in some respects, evidence destruction can actually strengthen your position. Under Georgia law, when a party destroys evidence relevant to litigation, a court may instruct the jury to presume that the destroyed evidence would have been unfavorable to the party who destroyed it. Known as an “adverse inference instruction,” this jury charge can be more powerful than the underlying evidence itself. Additionally, evidence destruction can expose the trucking company to additional sanctions, including having defenses stricken or, in egregious cases, having judgment entered against them. The key is acting fast enough that an attorney can document the destruction before it becomes impossible to prove.