When you must seek compensation for your injuries after a negligent truck driver hit you, you need to begin preserving evidence right away. While you want to obtain some of the same information as in an auto accident—such as a police report, pictures, and contact information for the driver and witnesses—you need unique evidence in a truck collision case. Unfortunately, this evidence is controlled by the trucking company who could also be responsible for compensating you. If you do not act quickly, they could destroy important evidence that you need to prove your case. The way you stop them from doing this is by sending them a spoliation letter.
What Vital Information Could a Spoliation Letter Help Save?
A spoliation letter is a sent to the trucking company to put them on notice that you are an accident victim who has a claim against them and their truck driver. It also notifies them to preserve certain evidence that could be helpful in proving their liability. Under Federal Motor Carrier Safety Administration (FMCSA) rules, the trucking company is required to keep certain records regarding truck safety and drivers for six months to one year. Even though it is a violation of these rules to do so, trucking companies can give into the temptation to destroy evidence when faced with liability for a crash. Information you want to request in a spoliation letter includes:
- Details about the tractor and trailer involved in the collision
- Permits and licenses that covered the tractor and trailer on the day of your accident
- Trucker’s daily logs that will contain vital information regarding the truck driver’s driving and resting periods
- Pre-trip, daily, post-trip, and the required periodic inspection reports for the truck and trailer
- Trucker’s personnel file
- Photos and videos of the collision
- Truck driver’s alcohol and drug testing results
- Trucker’s medical records and certification
- Contracts for the truck and trailer
- GPS, black box, and any other on-board recording devices
- Emails, correspondence, and other documents regarding the crash
How Do I Send Out a Spoliation Letter?
Don’t make the mistake of sending this letter and settling your case on your own. The best way to ensure that your spoliation letter requests all the evidence that could help your case be preserved is to hire a truck accident attorney who can do this for you.
Have You Been Injured In A Texas Truck Accident?
If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.