Crashworthiness cases are won and lost long before a complaint is ever filed. The single most consequential window in any auto product liability case is the first 30 days after the crash, when the vehicle, its tires, the child safety seats, and the scene evidence are still recoverable. After that window closes, much of the engineering proof is gone forever.
This page explains how Cronauer Law approaches intake and evidence preservation in catastrophic injury and wrongful death cases involving suspected vehicle, tire, or component defects. It also lays out the steps that clients and referring counsel can take immediately—often before retaining counsel—to protect a viable claim.
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There is a well-known shorthand in the plaintiffs’ product liability bar: no car, no case. It is overstated, but only modestly. The vehicle—or what is left of it—is the single most important piece of evidence in a crashworthiness case. Without the vehicle, almost every defect theory becomes substantially harder, and many become impossible.
The same principle applies to tires, where the failed tire and all of its companions must be preserved with chain of custody, and to child safety seats, where the harness, latch, and frame are central to the engineering analysis. Cronauer Law’s investigators are trained to locate and secure all three categories of evidence on a 24-hour timeline.
The first written work product in any case is the spoliation letter. We send spoliation/preservation letters to every entity that may possess relevant evidence:
Where a recipient declines to preserve the evidence or fails to respond, we move for a temporary restraining order. The standard for a TRO in this context is straightforward; the harm from destruction is irreparable and the burden on the holder is minimal.
Spoliation findings are powerful. A documented destruction of the vehicle after notice can support an adverse-inference instruction, evidentiary sanctions, or, in egregious cases, default. Texas, for example, recognizes spoliation sanctions under Brookshire Brothers, Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014); other jurisdictions have analogous frameworks.
We promptly request, under the applicable Freedom of Information Act, Open Records Request, or Public Information Act framework, the entire investigative file from every responding law enforcement agency. The standard request reaches:
Officer error is not unusual, particularly on questions like seatbelt use and ejection. We have recovered cases that were initially documented as “unrestrained” where EMS records reflected that paramedics cut the belt during extrication.
Within hours of retention, we deploy an investigator and, where appropriate, a reconstruction engineer to the scene and to the vehicle’s storage location. The scene inspection captures tire marks, gouge marks, debris fields, and final-rest positions. The vehicle inspection is comprehensive: clockwise photographs every 30 degrees, close-ups of every restraint component, the steering wheel, the seatbacks, the airbag modules, the door latches, the glazing, the fuel system, and the tires.
Tires receive their own protocol. We photograph and record the DOT code on every tire—including all companions—measure tread depth across the crown and circumference, and document inflation pressure where available. We tag and bag any tread pieces or detached belts found at the scene. The DOT code identifies the manufacturer, plant, week, and year of manufacture, which drives both case viability and the manufacturer-defendant analysis.
Modern vehicles record crash event data through Event Data Recorders (EDRs), often colloquially called “black boxes,” governed by 49 C.F.R. Part 563. EDR data typically includes pre-crash speed, throttle, brake application, steering input, seatbelt status, airbag deployment, and Delta-V. The data must be downloaded with appropriate hardware (Bosch CDR or manufacturer-specific tools) before storage causes the file to be overwritten or corrupted.
Other electronic data may include infotainment system records (paired phones, navigation history), advanced driver assistance system logs, and—in commercial vehicles—electronic logging device data. Cronauer Law preserves all of it before the trail goes cold.
Beyond preservation, we move quickly on critical records: the EMS run sheet, the trauma resuscitation note, the imaging archive, the autopsy report, the coroner’s investigation file, and (where applicable) workers’ compensation records and prior medical history.
We also analyze, at intake, two clocks that can quietly destroy a case: the statute of limitations and the statute of repose. Limitations periods for product liability claims typically run 2 or 3 years from the date of injury; statutes of repose, in the states that have them, typically run 10 to 15 years from initial sale of the vehicle and operate as absolute bars. We confirm both clocks before we accept a case and again before we file.
Now. Sooner is always better. The most common reason a viable crashworthiness case becomes unviable is that no one preserved the vehicle or tires. If you are reading this within days or weeks of a serious or fatal crash, contact Cronauer Law today. The intake call costs nothing and we can issue spoliation letters within the hour.
We can sometimes still proceed. Photographs taken at the scene or by the tow yard, EDR data downloaded before disposal, surviving components at the salvage yard, and analogous exemplar vehicles can all reconstruct enough of the engineering picture to support a case. Each fact pattern is different, and we evaluate it without charge.
Not before counsel inspects it. An insurance settlement that requires you to surrender the vehicle can extinguish a far more valuable product liability claim. Tell your insurer in writing that the vehicle must be preserved pending a product investigation, and contact Cronauer Law immediately.
On a serious or fatal case, we issue spoliation letters the same day we are retained—often within an hour. We deploy investigators and engineers within 24 to 72 hours depending on geography.
Nothing during the investigation. Cronauer Law funds these activities and recovers expenses out of the recovery only if and when there is one.
No. We routinely investigate and develop cases for many months before filing. What is time-sensitive is preservation, public records, EDR downloads, and statute analysis—not the filing itself.
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Cronauer Law has years of experience representing clients who have been seriously injured.
We know what it takes to win, and have prepared the the steps we need to take to get the best outcome clients can expect from hiring a lawyer.
Contact us to get the process started. Our lawyers will explain the laws around your case at no cost to you.
We work with the insurance companies to ensure they fulfill their duties to cover the costs related to the crash
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If you were injured in any way–medically, emotionally, physically, in a car, at work, on the street–then you may have a case. Employers, companies, and individuals have a “duty of care.” This term refers to each person’s obligation to avoid actions or situations that endanger other people.
Personal injury attorneys offer their services on what is called a “contingency fee” basis. That means we pay for all the upfront costs of your case–hiring specialists, paying court fees, even assessing medical care. You owe us nothing, and we only take a fee if you win your case.
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Once we’ve investigated the basic details of your injuries and your case, we’ll be able to tell you how much compensation you’re entitled to. While we (and no ethical attorney) can make promises regarding your case, we can help calculate the costs and lost wages caused by your harm.
Cronauer law injury attorneys have tried virtually every type and size of plaintiff’s claim possible. We’ve handled cases on behalf of people injured in car crashes, Engineers injured in a slip and fall, and even businessmen who have been wronged by their partners. Our firm has made a name for itself in a variety of legal areas. Our results in complex areas like commercial litigation, trucking accidents, Criminal Defense, and Product Liability barely scratch the surface. Whatever the nature of your injury, we have the experience and resources to demand compensation on your behalf.
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