Every so often I need to revise and update my standard spoliation letter (a letter telling the trucking company to save evidence). In part because of changes in the industry, in part because it can always be made better.
In this latest version I fix some typo’s, add in some FMCSR cites, and I added a section about the truck and trailer inspection. For those of you counting, here is version 4!
Do you have a good tractor trailer lawyer? If your lawyer has not sent a spoliation letter within a month I suggest you strongly consider hiring another lawyer unless he can articulate why they didn’t send a spoliation letter.
If we know the trucking company and driver involved we typically send our spoliation letter out the same day we are hired, or the next day if the mail has run. In some cases our clients are hospitalized or worse and we have to wait till the police report is available to identify the trucking company and driver so we know to whom we need to send the letter.