Truck Accident Spoliation Letter Template

Truck Accident Evidence Preservation (Spoliation) Letter Template

Date: [Date]

Sent Via: ☐ Certified mail ☐ Email ☐ Courier ☐ Other: [Method]

Subject: Evidence Preservation Notice — Truck Accident on [Accident Date] at [Location]

To:

[Trucking Company Legal Name]

Attn: [Safety Director / Claims / Legal Department]

[Address]

[Email]

Copy To (Optional):

• [Insurance Company / Adjuster Name + contact]

• [Truck Driver Name + address/email]

• [Broker/Shipper/Load Owner + contact]

• [Maintenance vendor + contact]

• [Other entity with video/data + contact]

[Insurance Company / Adjuster Name + contact]

[Truck Driver Name + address/email]

[Broker/Shipper/Load Owner + contact]

[Maintenance vendor + contact]

[Other entity with video/data + contact]

From: [Your Full Name]

[Your Address]

[Phone] | [Email]

Re: Evidence Preservation (Spoliation) Notice — Potential Claim

Dear [Safety Director/Claims/Legal Department],

1. Purpose of This Notice

1.1 This letter provides formal notice of a potential claim arising out of a truck accident that occurred on [Accident Date] at approximately [Time] at [Location], involving your driver and/or vehicle.

1.2 You are hereby instructed to preserve all documents, electronically stored information (ESI), and physical evidence relevant to this incident and any related claims, investigations, or litigation.

2. Identifying Information (If Known)

2.1 Commercial Vehicle: [Tractor-trailer make/model], unit # [], plate # [], DOT/MC # [__].

2.2 Driver: [Driver name].

2.3 Other Vehicle/Claimant: [Your vehicle make/model] / [Your name].

2.4 Police Report: [Agency + report #] (if available).

2.5 Location/Route: [Road/highway + direction + mile marker].

3. Preservation Instructions

3.1 Do not destroy, alter, overwrite, reset, repair, dispose of, or modify any evidence related to this incident, including any electronic data subject to automatic deletion/overwrite.

3.2 Suspend normal document destruction policies and data retention schedules for all potentially relevant evidence.

4. Categories of Evidence to Preserve (Non-Exhaustive)

4.1 Vehicle/Onboard Data:

• ECM/EDR (“black box”) data, including speed, braking, throttle, and fault codes

• Event data recorder downloads and raw files

• Dashcam and inward/outward-facing video

• Telematics/GPS location data and speed history

• Any collision avoidance or lane assist system data

ECM/EDR (“black box”) data, including speed, braking, throttle, and fault codes

Event data recorder downloads and raw files

Dashcam and inward/outward-facing video

Telematics/GPS location data and speed history

Any collision avoidance or lane assist system data

4.2 Driver Records:

• Driver qualification file (DQF), including application, medical certification, training, disciplinary history

• Hours-of-service records, ELD data, logs, and edits

• Drug/alcohol test results and post-crash testing records (if applicable)

• Driver schedule, dispatch records, trip sheets, and route plans

• Cell phone records and communications during the relevant time window (to the extent in your possession/control)

Driver qualification file (DQF), including application, medical certification, training, disciplinary history

Hours-of-service records, ELD data, logs, and edits

Drug/alcohol test results and post-crash testing records (if applicable)

Driver schedule, dispatch records, trip sheets, and route plans

Cell phone records and communications during the relevant time window (to the extent in your possession/control)

4.3 Carrier/Company Records:

• Safety policies, training materials, and supervision records

• Prior incident/accident history for the driver and the company (as relevant)

• Internal investigation reports, statements, and photographs

• Communications with insurers, brokers, shippers, or third parties related to the incident

Safety policies, training materials, and supervision records

Prior incident/accident history for the driver and the company (as relevant)

Internal investigation reports, statements, and photographs

Communications with insurers, brokers, shippers, or third parties related to the incident

4.4 Truck and Maintenance Records:

• Maintenance, repair, and inspection records (including pre-trip/post-trip inspections)

• Annual inspection reports and brake/tires records

• Work orders and vendor invoices for the vehicle

• Any repairs performed after the incident, including parts replaced and photographs taken

Maintenance, repair, and inspection records (including pre-trip/post-trip inspections)

Annual inspection reports and brake/tires records

Work orders and vendor invoices for the vehicle

Any repairs performed after the incident, including parts replaced and photographs taken

4.5 Cargo/Load Records (If Applicable):

• Bill of lading, load confirmations, dispatch instructions

• Weight tickets, load securement records, and cargo condition reports

Bill of lading, load confirmations, dispatch instructions

Weight tickets, load securement records, and cargo condition reports

4.6 Scene and Witness Evidence:

• All photographs, measurements, diagrams, and notes

• Names and contact information of witnesses and employees involved

• Any communications with law enforcement or investigators

All photographs, measurements, diagrams, and notes

Names and contact information of witnesses and employees involved

Any communications with law enforcement or investigators

5. Preservation of Physical Evidence and Inspection (Optional)

5.1 Please preserve the tractor and trailer in their post-incident condition and do not repair, download/overwrite data, or dispose of components until the Parties can discuss an inspection and data download protocol.

5.2 If you intend to move the vehicle or perform repairs for safety reasons, please document its condition thoroughly with photographs and notify me in advance where possible.

6. Confirmation Requested

6.1 Please provide written confirmation by [Date] that you have received this letter and will preserve the evidence listed above.

6.2 If any evidence is not in your possession but is under your control or held by a vendor (telematics provider, maintenance vendor, etc.), please ensure preservation notices are sent to those parties as well.

Sincerely,

[Your Full Name]

Signatures

Signature: ___________________________

Printed Name: [Your Full Name]

Date: [Date]