Sending a Spoliation Letter after a Truck Accident
After a truck accident, the trucking company holds much of the most important evidence about the truck and the driver. You need to ensure the trucking company retains any available evidence in case you need it to prove your case. If the company destroys this evidence, it could seriously damage your chances of obtaining a fair settlement, which is why a spoliation letter is always needed.
What is a spoliation letter?
By law, trucking companies may destroy potential evidentiary documents after a certain period of time. A spoliation letter requests that the trucking company and other related parties preserve documentation that might be useful in a truck accident claim. In addition to the trucking company, the maintenance providers, mechanics, and shipping company may also receive a spoliation letter, depending on the facts of your case.
In most cases, a truck accident lawyer drafts this letter. For this reason, it is a good idea to get a knowledgeable attorney on your side as early as possible after an accident. While you can draft this type of letter yourself, it is difficult to determine which documents may be important and who holds the necessary evidence.
At Brauns Law, PC, we have the experience necessary to ensure the protection of all important evidence.
What should the spoliation letter contain?
The object of a spoliation letter is to notify the company that you intend to file a claim based on the accident and that you need the company to preserve evidence related to the accident. You need to include a list here as the trucking company could destroy evidence related to your case and claim it did not know of its importance. Some letters include a reminder that trucking companies may face sanctions they do not preserve applicable evidence.
Brauns Law, PC can draft this letter for you, ensuring any potential parties to the lawsuit preserve all of the necessary evidence.
What evidence should it request the recipient preserve?
A spoliation letter can ask that a company preserve a wide range of documentation, depending on the facts of the accident. Most commonly, this evidence includes:
- Information about insurance
- Information about the truck and trailer (maintenance logs, repair records, information from the truck’s “black box”)
- The status of all related permits
- Driver logs
In addition, they should also preserve information about the truck driver. This includes:
- Personnel information
- Qualifications and training
- Medical records
- Alcohol and drug testing results
How can Brauns Law, PC help?
Attorney David Brauns can ensure the trucking company receives a timely spoliation letter and preserves all of the necessary evidence in your case. We represent the victims of truck accidents in Georgia, and work with you to prove liability and get you the compensation you deserve. Contact us today at 404-348-0889 to schedule an appointment.