Writing a Spoliation Letter: Preserving Evidence after a Truck Accident

June 17th, 2024

If you’ve been involved in a truck accident in Texas, you could be facing considerable expenses and losses. Unfortunately, getting compensation for those losses might not be as easy as you’d hope. There are some steps that you will need to take after a truck accident to make sure that your rights are protected.

One thing that you will need to do after a truck accident is take action to ensure that relevant evidence is preserved. That means sending a spoliation letter to the trucking company involved in your case.

Keep reading to learn more about what a spoliation letter is and how to send one with help from an experienced truck accident attorney.

What Is a Spoliation Letter?

Spoliation is the act of destroying material evidence after a personal injury accident. A spoliation letter or anti-spoliation letter then is a way to preserve evidence in a truck accident case. In truck accident cases, trucking companies will sometimes attempt to cover up liability or wrongdoing by destroying things like truck driver logs and maintenance records. 

Spoliation letters are meant to include a comprehensive list of all potentially relevant evidence and a demand that such evidence be preserved.

What Happens if the Truck Company Destroys Evidence Anyway?

You might be wondering why a trucking company would abide by a spoliation claim without the evidence actually being handed over. Destroying evidence after a legal claim for the preservation of evidence has already been received can lead to serious penalties.

In other words, truck companies can face sanctions for destroying evidence, and there may be a presumption that the destroyed evidence would have reflected negatively on the company, including in jury instruction. For both of these reasons, truck companies should abide by spoliation letters. However, it’s important to note that truck companies don’t always act how they should. Even with a spoliation letter, the company may still destroy evidence.

How Do I Write a Spoliation Letter?

There’s a chance that the trucking company in your case may attempt to destroy evidence, so sending a spoliation letter quickly is essential. Due to their high level of detail, spoliation letters are also difficult to write for those unfamiliar with such documents. With both of these facts in mind, it is in your best interest to seek assistance from a capable truck accident attorney if you’ve been involved in a truck accident case. An attorney can create a comprehensive spoliation letter, quickly and accurately, helping to prevent the opposing party from destroying evidence in your case.

Can I Use a Sample Spoliation Letter?

If you search for information about spoliation letters online, you’ll quickly come across countless examples of sample spoliation letters. You might find yourself wondering if you can use one of those samples to write a spoliation letter yourself. 

There are some big issues to consider before attempting to write your own spoliation letter:

  • Online information is often incomplete
  • Online sources often don’t have legal experience
  • Your case may have unique factors that call for specific language
  • The type of form of the sample letter might not be right for your case
  • The letter may not be enough to keep the evidence protected

If evidence exists in your case that can help support your claim for compensation, it’s essential that you take a strong stance to prevent evidence spoliation. Getting help from an experienced personal injury lawyer can make a big difference.

How Do I Find the Right Attorney to Write My Truck Accident Spoliation Letter?

If you’ve been involved in an accident involving a semi-truck or 18-wheeler, a truck accident attorney can help you preserve evidence that’s relevant to your case. Finding the right attorney can have a significant impact on the outcome of your case. You can find an experienced attorney for your case by following the steps below:

  1. Ask friends and family for recommendations
  2. Look online for attorneys near you
  3. Look for attorneys with experience with truck crash cases
  4. Look for attorneys with great reviews and testimonials
  5. Look for an attorney with great communication and customer service
  6. Look for an attorney with the right fee structure
  7. Look for an attorney who will put your needs first

Your Trusted Austin Truck Accident Lawyers: Ramos James Law

If you’ve been involved in a truck collision in Texas, spoliation of evidence is a real danger to your rights. Take steps quickly to preserve important evidence in your personal injury case. A capable truck accident attorney can help you by quickly writing a comprehensive letter of spoliation to preserve personnel files, inspection reports, and other documents that can be pivotal to proving liability for your losses.

You don’t have to face the insurance company or high-powered legal team on your own. The experienced truck injury lawyers at Ramos James Law are ready to help you fight for your rights to compensation.

If you’ve been involved in an Austin truck accident, reach out to the Austin truck accident attorneys at Ramos James Law for help defending your rights.

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