Spoliation (Evidence Preservation) Letters After a Truck Accident
A spoliation letter, also called a preservation letter, formally tells the trucking company to keep evidence about the crash, such as ELD and black box data, dashcam footage, maintenance records and the truck itself. It should be sent quickly, because some records only have to be kept for months and data can be overwritten.
Why does truck crash evidence disappear?
Federal rules only require carriers to keep hours-of-service records for six months and driver inspection reports for three months. Engine data can be overwritten, dashcam systems delete footage on a rolling basis, and damaged trucks are repaired or scrapped. Without a preservation letter, key evidence may be gone before a claim is filed.
What should a preservation letter cover?
- The truck and trailer, unaltered, including brakes, tires and rear guard.
- Engine control module and ELD data, and telematics and GPS records.
- Dashcam and driver-facing camera footage.
- The driver's qualification file, logs, phone records and drug and alcohol test results.
- Maintenance, inspection and repair records.
- Dispatch messages, bills of lading and delivery schedules.
What happens if evidence is destroyed anyway?
Destroying relevant evidence after a claim is reasonably anticipated is called spoliation. Courts can sanction it, for example by telling the jury it may assume the missing evidence would have hurt the trucking company, or in serious cases by other penalties. A documented preservation letter makes it much harder for a carrier to claim it didn't know.
Frequently asked questions
What is a spoliation letter?
A formal letter telling the trucking company and other parties to preserve evidence related to the crash, such as vehicle data, footage, logs and maintenance records.
When should a spoliation letter be sent?
As soon as possible after the crash, ideally within days, because some records only have to be kept for months and electronic data can be overwritten sooner.
Who should receive a preservation letter?
The motor carrier, and where relevant the truck owner, the trailer owner, the shipper, the broker and any maintenance company.
What if the trucking company ignores the letter?
If it destroys evidence after receiving notice, a court can impose sanctions, such as an instruction that the jury may infer the evidence was unfavourable to the carrier.
Can I send a preservation letter myself?
You can, but a lawyer will usually know exactly what to request, including technical data like ECM downloads, and who to send it to.