If you or a loved one has been involved in a truck accident, you probably feel overwhelmed.
Medical bills are piling up, insurance companies are calling, and you’re trying to figure out what happens next. However, one thing you might not have considered could make or break your case. You need to preserve evidence with a spoliation letter.
What is the role of a spoliation letter in a truck accident case? This formal legal notice tells the trucking company, driver, or any other responsible party to keep all evidence intact. Without it, documents, electronic records, or even video footage could be lost forever.
Here is why this letter is so important for any truck accident claim.
Why Do You Need a Spoliation Letter?
Truck accident cases are not like regular car accidents. Trucking companies have powerful insurance companies backing them up. They also have teams of lawyers working to minimize payouts, and they know how to protect themselves. Unfortunately, that sometimes includes destroying or “losing” evidence that could prove they were at fault.
The Federal Motor Carrier Safety Administration regulations require trucking companies to keep certain records for a limited time. Some documents can be legally deleted within weeks or months unless someone steps in to stop that from happening. And that is where a spoliation letter can help.
This puts them on notice that they must preserve evidence, or they could face serious legal consequences.
What Type of Evidence Can Be Protected?
When a truck accident happens, you need a lot more evidence than just a police report. A spoliation letter makes sure that all potential evidence is saved, including:
Black Box Data (ECM)
Commercial trucks have an electronic control module (ECM), which is commonly known as a “black box.” It records details like:
- Speed at the time of the crash
- Sudden braking or acceleration
- Engine performance
- Whether the driver tried to avoid the crash
This data is often automatically erased within days unless it’s preserved.
Electronic Logging Device (ELD) Records
Truck drivers must follow strict hours-of-service (HOS) regulations to prevent fatigue-related crashes. These electronic logs show:
- How long they were driving before the accident
- Whether they took required rest breaks
- If they violated federal safety rules
This data could prove that a driver was overworked and exhausted. However, it needs to be saved in time.
Dashcam and Surveillance Footage
Many commercial trucks have dashboard cameras that record what happens on the road. There may also be:
- Traffic camera footage
- Business surveillance videos
- Nearby dash cam recordings from other vehicles
If no one requests these videos quickly, they can be deleted or taped over.
Maintenance and Inspection Records
Trucking companies must maintain their vehicles and keep records of inspections and repairs.
These records could prove the company knew about the issue but failed to fix it. Once again, you must act quickly to ensure these records are preserved.
The Driver’s History and Training Records
Not all truck drivers are properly trained, and some have a history of reckless driving. A spoliation letter can help preserve:
- The driver’s employment records
- Drug and alcohol test results
- Any previous safety violations
This could be key if the driver had a history of unsafe behavior that the company ignored.
Dispatch and Communication Records
Trucking companies sometimes pressure drivers to break the rules by setting impossible delivery deadlines. Emails, text messages, or radio communications between the driver and the company could show:
- They were rushed to meet an unreasonable deadline
- They were encouraged to skip breaks or drive past their legal hours
- They expressed concerns about safety but were ignored
This kind of evidence can turn the case in your favor, but only if it’s preserved before it’s deleted.
When Should a Spoliation Letter Be Sent?
The answer is immediately. Some evidence can be lost within days after a crash. Trucking companies aren’t required to keep everything forever. Many know exactly when they can start legally destroying records.
By sending a spoliation letter immediately, you ensure they can’t claim ignorance or eliminate anything that could help your case.
What Happens If the Trucking Company Ignores the Letter?
If a trucking company destroys or hides evidence after receiving a spoliation letter, the court can punish them by:
- Assuming the missing evidence was damaging to them
- Fining them or forcing them to pay damages
- Preventing them from using certain defenses
- Ruling in your favor by default
Courts take spoliation very seriously, and trucking companies know it. That’s why sending this letter early can put them on the defensive and ensure they play fair.
What Should You Do Next?
If you’ve been in a truck accident, time is not on your side. Evidence can disappear fast. The best thing you can do is talk to an experienced truck accident lawyer. These professionals know exactly what to include in a spoliation letter and ensure it is sent to the right people.
Remember, the sooner the letter goes out, the better your chances of preserving key evidence.
A truck accident can change your life in an instant. A spoliation letter gives you the best chance to preserve evidence that may be vital to your claim.
If you have questions about a spoliation letter or are taking other legal action against a trucking company, the Barrera Law Group, LLC team is always available for guidance.