Were you involved in a serious wreck with a large truck on Bristol Pike or one of the highways in the area? Unfortunately, some trucking companies may destroy evidence that could point to liability of the truck driver.
It’s important to protect this evidence whenever possible and prevent spoliation, which is the destruction of that evidence. After all, the trucking company may destroy records after a certain period of time; it may destroy hours of service records after six months, for example.
A spoliation of evidence letter, therefore, is essentially a warning to the other parties – such as a trucking company – not to destroy evidence pertaining to the accident. Spoliation letters are sent to the trucking company or other parties involved depending on the circumstances. So know how to write a spoliation letter that adequately protects evidence from destruction. The steps below can help you understand how to write your spoliation letter.
1. Define the parties involved.
To begin your spoliation of evidence letter, make sure you are very specific in your wording about who is involved. For example, make sure you address your letter to the person or persons who will receive it. Also make sure the letter names the parties you are asking to preserve evidence.
Inform these parties that you plan to file a tort claim or lawsuit, and name the defendants in the case. Your attorney can help you sort out the liable parties and which may be named as defendants in a tort liability claim or a lawsuit. Also make known that you are requesting the recipient not destroy evidence applicable to the case.
2. Be specific about what the recipient should preserve.
Remember that it is usually not enough to ask for the other parties involved in your case to preserve evidence. When writing a spoliation of evidence letter, specifically name the evidence that you want the recipient to preserve.
Some items often mentioned in a spoliation letter sent to a trucking company are listed below.
- computer files.
- hard drives.
- trucker’s logbooks.
- trucker’s electronic logbook data.
- trucker’s personnel file.
- trucker’s driver qualification records.
- truck maintenance reports.
- truck repair reports.
- truck inspection reports.
- the truck itself.
- and, more.
All of the above-mentioned documents and pieces of evidence could be of use during your case, which is why it is important to be precise when detailing what items you would like the other parties involved to keep.
3. Hire a trusted attorney to help you write and send the letter.
It is often the case that writing a spoliation letter can be tricky and some are intimidated by writing a letter that can have major implications for a truck accident case. Usually, an attorney will write the spoliation of evidence letter. This can help ensure that the letter contains appropriate information and requests the right types of evidence be preserved.
However, you do not want to hire just any attorney to write your spoliation letter. The attorney writing your letter should be familiar with the type of case you’re pursuing, like a truck accident case. This can help ensure the attorney is familiar with the types of evidence that will likely be important to your case.
Call Cordisco & Saile LLC to set up a consultation about your car accident case in Bristol and for answers to your questions about a spoliation of evidence letter. Call 215-642-2335 or fill out our contact form to set up a consultation with a lawyer.