The Revised Spoliation Letter
I have previously posted on the importance of sending a spoliation letter in a trucking case as evidence can vanish quickly. The original post included a sample spoliation letter which is now outdated in many respects. Over time my materials get updated and, because this issue is important, and so many lawyers have requested my spoliation letter, I am posting my revised spoliation letter to assist lawyers handling commercial vehicle cases. The letter should be modified to fit the facts of the specific case.
Spoliation is the destruction of evidence. A spoliation letter informs the trucking company of the documents and things it must keep and preserve prior to litigation being filed. It is CRITICAL that this letter be sent as soon as possible whenever a tractor trailer is involved in a collision. Once the letter is sent, failure to save the evidence can result in an inference that the trucking company had something to hide, sanctions, or even in some states a direct cause of action against the trucking company for the destruction of evidence.
It is our practice to send our spoliation letters by fax, regular mail, certified mail, and FedEx to the president of the company, the safety director, and/or the risk manager.
The Truck Accident Lawyers at the Law Offices of Morgan Adams concentrate in protecting the rights of those who were seriously injured or lost a loved one in an accident with a commercial truck or bus. Our lawyers are based in Tennessee, but serve clients throughout the nation. If you or someone you love has been seriously hurt by a careless driver, don’t sign anything the trucking company gives you -- contact us as soon as possible at 800-580-4878 or by email to learn more at a free, confidential consultation.
