Any party in a Texas bicycle accident claim or other legal proceeding is required to preserve evidence relevant to that claim. Texas courts have held that a duty to preserve evidence arises when a party knows or reasonably should know “that there is a substantial chance that a claim will be filed and that evidence in its possession or control will be material and relevant to that claim.”
Spoliation of evidence is a failure to preserve evidence. If a party fails to preserve evidence, it can harm the opposing party’s ability to present or defend a claim. Therefore, if a party fails to reasonably preserve discoverable evidence, it is a serious issue with potentially drastic consequences.
Texas courts have discretion in addressing the issue of spoliation. In a Texas Supreme Court case, Brookshire Bros. v. Aldridge, the court held that the judge, rather than the jury, must decide whether a party spoliated evidence and then determine the appropriate remedy. Possible remedies include an instruction to the jury, an award of attorney’s fees, exclusion of evidence, and dismissal of a party’s claims.