If you were hurt in a truck accident, you need an attorney right away to send the trucking company a spoliation letter. Here, find out why this so important.

Why Sending the Trucking Company a Spoliation Letter Following Your Truck Accident Is So Important

spoliation-letter-in-a-truck-crashLike any business, trucking companies keep records and documents pertaining to their operations. The retention of many documents is required under Federal Motor Carrier Safety Administration (FMCSA) regulations. However, the trucking company and truck driver may start destroying records that could establish their negligence and otherwise help your case once they learn of your claim. That is why it is crucial to contact an experienced truck accident attorney as soon as possible after your truck accident. He will know the steps that need to be taken, such as sending a spoliation letter, to prevent that from happening.

What Is a Spoliation Letter in a Truck Accident Case?

A spoliation letter is a letter sent by your attorney to the trucking company advising the company of your claim and demanding that the documents listed in the letter be preserved. Once the trucking company is notified of your claim, it is prohibited from destroying this information and any other evidence that could be potentially relevant to your claim under FMCSA regulations. If the trucking company ignores your attorney’s letter and begins destroying evidence, he has other avenues, such as filing a lawsuit and obtaining a temporary restraining order, to stop that from happening. In addition, the trucking company could face additional penalties in court for destroying evidence helpful to you after receiving a formal spoliation letter.

What Information Should a Spoliation Letter Request?

While technically you can send a spoliation letter yourself, you do not have the experience handling truck crash cases to know what documents to request. Some of the documents your attorney could demand be preserved include:

  • Truck driver logs
  • On-board truck computer records
  • Bills of lading for both the truck and driver
  • Trucker’s cellphone records
  • Trucker’s personnel file, qualifications, and training
  • Dispatch logs
  • Daily inspection reports
  • Maintenance and inspection records for the truck and trailer involved in the wreck
  • Accident investigation report, pictures, and other information regarding the crash
  • Trucking company employee manuals and policies
  • Post-accident drug and alcohol testing results
  • Trucking company safety records
  • Truck’s black box data
  • Trucker’s medical certification and other medical records

If you or a loved one was injured in a truck accident, our experienced truck accident attorneys are here to help you fight to obtain the compensation you deserve. Fill out our online form or contact our office to schedule your free, confidential consultation.