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Truck Accident Evidence Preservation (Spoliation) Letter Template
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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]
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
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)
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
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
4.5 Cargo/Load Records (If Applicable):
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
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]
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Learn more about
Truck Accident Evidence Preservation (Spoliation) Letter Template
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
Click below for detailed info on the template.
For quick answers, scroll below to see the FAQ.
TRUCK ACCIDENT EVIDENCE PRESERVATION (SPOLIATION) LETTER TEMPLATE FAQ
What is an evidence preservation (spoliation) letter?
A spoliation letter is a written notice demanding that a company preserve evidence relevant to a potential claim or lawsuit. In truck accident cases, important evidence (like driver logs, ELD data, GPS, dashcam footage, maintenance records, and ECM “black box” data) can be lost or overwritten if not preserved quickly.
Who should receive this letter?
Common recipients include the trucking company, its insurance carrier, the driver, the broker/shipping company (if relevant), maintenance vendors, and any company that may hold video or telematics data. This template includes optional additional recipients.
When should you send it?
As soon as possible after the accident. Some electronic data can overwrite quickly. This letter is designed to be sent early, even before a full claim is made.
What evidence should you request?
Key categories include: ELD/HOS logs, driver qualification file, dispatch and trip records, GPS/telematics, dashcam/video, ECM/EDR data, maintenance and inspection records, load documents, drug/alcohol test results, training and safety materials, and communications. This template includes a comprehensive list.
Should you ask to inspect the truck?
Yes if your situation warrants it. This template includes an optional request to preserve the vehicle and allow inspection and data download by agreement.
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