The Importance & Impact of Preservation of Evidence (Spoliation) Letters in Truck Accident CasesFebruary 6, 2018
Preservation of evidence letters are formal written directives that instruct some party to preserve certain evidence that could be relevant to a future lawsuit. Also referred to as spoliation letters, stop destruction letters or litigation hold notices, preservation of evidence letters can critical to strength and success of a truck accident case.
Preservation of Evidence Letters for a Truck Wreck Lawsuit: What to Include
In truck wreck cases, spoliation letters can be extremely important because federal and state regulations only require trucking companies to retain certain records for a discrete period of time, after which the records can – and often are – destroyed.1 The loss of these records can make it challenging to prove negligence and liability.
While preservation of evidence letters should be tailored to fit the specifics of a truck accident and the associated claim, generally, these notices can pertain to physical and electronic documents, as well as other physical evidence, such as (but not limited to):
- Truck-related evidence, like:
- The truck involved in the wreck
- Maintenance and repair records for the truck
- Data from a truck’s electronic onboard recorder (EOBR)
- GPS data
- Driver-related evidence, like:
- The trucker’s driving record and employment history
- Training records and credentials for the trucker
- The trucker’s driving log
- The trucker’s medical exam certificates and drug testing records
- Trucking company-related evidence, like:
- Company safety records
- Out-of-service orders
- Employee handbooks and policy documents.
These letters can be sent directly to the truck driver, the trucking company and/or the attorney representing these parties.
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Sending a Spoliation Letter: More Tips
- If you are unsure about the evidence that should be preserved, error on the side of caution, and request that everything be preserved.
- Send preservation of evidence letters via certified mail so there is a record of the delivery.
- Spoliation letters may need to be sent to more parties than just the trucking company and/or driver. For example, these notices may also need to be sent to trucking shippers and brokers, as well as equipment manufacturers.
Given the importance of preservation of evidence letters in truck accident cases, it’s crucial to work with an experienced lawyer who can draft these notices for you and build you the strongest possible claim.
Get Essential Answers & Advocacy for Your Truck Wreck Claim: Contact a Truck Accident Lawyer at the Amaro Law Firm
If you or a loved one has been harmed in a trucking wreck, you can turn to an experienced truck accident lawyer at the Amaro Law Firm for effective advocacy in the pursuit of justice and compensation.
Call (877) 892-2797, text (281) 612-8024 or email our firm for your FREE, no obligations consultation.
Relentless, strategic and dedicated, our attorneys can help you identify and pursue your best options for financial recovery in the aftermath of any type of truck accident. While compensation can never erase the profound, irreversible damage caused by these accidents, it can be the key to healing, gaining some justice and restoring your life.
1: Motor carriers’ record retention regulations from the Federal Motor Carrier Safety Administration