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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.
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."
Without a preservation letter, carriers can claim data was "routinely overwritten" before litigation began.
A preservation letter creates a formal legal obligation. Destruction after receipt is sanctionable spoliation.
Preserved evidence often proves what the trucker and carrier deny. The truth is in the data.
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.
A comprehensive preservation letter demands retention of all potentially relevant evidence—not just the obvious items.
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."
Different types of evidence have different retention windows. Waiting even a few weeks can mean the loss of crucial data.
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.
When a trucking company destroys evidence after receiving a preservation letter—or when litigation is reasonably foreseeable—courts can impose serious sanctions.
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.
Courts can order the spoliating party to pay attorney's fees, expert costs, and other expenses incurred due to the evidence destruction.
The court may exclude related evidence or prohibit the spoliating party from offering testimony on subjects covered by destroyed evidence.
In extreme cases of intentional destruction, courts may strike the defendant's answer and enter judgment for the plaintiff on liability.
We send comprehensive preservation letters within 24-48 hours of engagement. Don't let critical evidence disappear. Contact us immediately.