A spoliation letter is a notice that is sent to an opposing party in the aftermath of an accident that orders them to preserve all evidence that is relevant to the accident. The word “spoliation” refers to anything that jeopardizes evidence, including destruction, loss, alteration, or concealment.
Details Included in a Spoliation Letter
After an accident that involves a semi-truck or other commercial vehicle, a spoliation letter should be sent to the driver’s employer as soon as possible to put the company on notice that specific types of evidence must be preserved. After a trucking company receives a spoliation letter, the courts can be very harsh if the company is found to have destroyed or tampered with evidence.
Following are some of the pieces of evidence the spoliation letter should include:
- Service logs kept by the driver to determine whether he was taking the number of rest periods required by law to help prevent fatigue
- Data from on-board recording devices, which can identify the speed of the vehicle at the time of the crash and other driver actions
- Records of inspections on the tractor and trailer
- The truck driver’s personnel file, which will show his or her qualifications and whether he or she was fit to drive
- Alcohol and drug testing results from the driver
- The truck and trailer that were involved in the crash
- Information involving the commercial vehicle and the freight it was carrying
- Photographs and videos taken at the scene of the crash
Contact an Experienced Vehicle Accident Attorney
Don’t go it alone if you’ve been involved in a vehicle accident involving a semi-truck or commercial vehicle. In Alaska, attorney Ben Crittenden has helped many accident victims and their families tell their stories, and he can help you tell yours. Call his Anchorage office to set up a free, no-obligation consultation, or request his free newsletter, which will provide a variety of information to help you make the best decisions about your accident and injury claim.