Spoliation Letters: Preserving Truck Accident Evidence
Critical evidence disappears within weeks of a truck accident. Preservation letters create a legal duty to retain data—and severe sanctions if it's destroyed.
Key Takeaways
- Legal Duty: A preservation letter creates a legal obligation to retain evidence. Destruction after notice is spoliation.
- Send Immediately: ELD backups overwrite in 30-60 days. ECM data overwrites with new events. Time is critical.
- Send to Everyone: Carrier, driver, broker, insurer, ELD provider—anyone who might have evidence.
- Severe Sanctions: Courts can instruct juries to assume destroyed evidence was harmful to the destroying party.
Why Evidence Preservation Matters
Trucking companies know that electronic data can prove liability. After a serious accident, their first call is to their lawyers and insurance adjusters—who know exactly how to make evidence "disappear" through "routine business practices."
Evidence Vanishes
Without a preservation letter, carriers can claim data was "routinely overwritten" before litigation began.
Legal Duty Created
A preservation letter creates a formal legal obligation. Destruction after receipt is sanctionable spoliation.
Protects Your Case
Preserved evidence often proves what the trucker and carrier deny. The truth is in the data.
The Defense Playbook
Defense attorneys for trucking companies know that electronic data is often the most damaging evidence. Without a preservation letter creating a litigation hold, they may allow "routine" data destruction to continue—eliminating the very evidence that would prove your case.
What Evidence to Preserve
A comprehensive preservation letter demands retention of all potentially relevant evidence—not just the obvious items.
Electronic Data
URGENT- ELD records (30+ days before accident)
- ECM/black box data
- GPS and telematics data
- Dispatch communications
- Email and text messages
Physical Evidence
URGENT- The truck and trailer
- Tires, brakes, and components
- Driver's personal effects
- Cargo and load securement
- Debris from crash scene
Documents
- Driver qualification files
- Training and certification records
- Drug/alcohol testing results
- Maintenance and inspection records
- Bills of lading and trip records
Surveillance
URGENT- Dash camera footage
- In-cab camera footage
- Nearby business cameras
- Traffic cameras
- Body cameras (if police involved)
Who Should Receive a Preservation Letter
Don't limit yourself to the trucking company. Multiple parties may possess critical evidence—and each needs a separate preservation demand.
| Recipient | Why They Get a Letter |
|---|---|
| Motor Carrier | Primary defendant; controls truck, driver files, and most records |
| Driver (Personal) | May have personal cell phone, dash cam, or other evidence |
| Freight Broker | May be liable; has load assignment and communication records |
| Insurance Carrier | May have investigation files, recorded statements, photos |
| ELD Provider | Maintains independent copy of ELD data outside carrier control |
| Leasing Company | If truck is leased, may have maintenance and inspection records |
Strategic Note: By sending letters to ELD providers and telematics companies directly, we obtain data independent of what the carrier chooses to produce. These third parties often have unaltered data the carrier can't "lose."
Critical Timing Windows
Different types of evidence have different retention windows. Waiting even a few weeks can mean the loss of crucial data.
Send preservation letters
24-48 hrsELD backup data may overwrite
30-60 daysSurveillance footage typically overwrites
30-90 daysFederal ELD retention minimum
6 monthsECM data overwrites with new events
VariesOur Practice
We send comprehensive preservation letters within 24-48 hours of engagement—often the same day we speak with the client. Evidence preservation is always our first action in any serious truck accident case.
Remedies for Spoliation
When a trucking company destroys evidence after receiving a preservation letter—or when litigation is reasonably foreseeable—courts can impose serious sanctions.
Adverse Inference Instruction
The court tells the jury it may assume the destroyed evidence was harmful to the party that destroyed it. This is devastating in front of a jury.
Monetary Sanctions
Courts can order the spoliating party to pay attorney's fees, expert costs, and other expenses incurred due to the evidence destruction.
Exclusion of Evidence
The court may exclude related evidence or prohibit the spoliating party from offering testimony on subjects covered by destroyed evidence.
Default Judgment
In extreme cases of intentional destruction, courts may strike the defendant's answer and enter judgment for the plaintiff on liability.
Frequently Asked Questions
Related Topics
Need to Preserve Critical Trucking Evidence?
We send comprehensive preservation letters within 24-48 hours of engagement. Don't let critical evidence disappear. Contact us immediately.
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