The Importance of a Spoliation Letter in Truck Accident Cases
When you’re involved in a truck accident, it is crucial to preserve evidence from the very beginning. Many types of evidence begin degrading immediately, including the crash scene itself. Without proper documentation of the scene, proving what happened and who was to blame is an uphill battle.
A crucial part of your truck accident claim is sending the spoliation letter. Learn more about what this letter demands and its role in your case. When you’re ready to move forward with your claim, call Peake & Fowler at 803-788-4370 to set up a consultation with our team of Columbia attorneys.
What a Spoliation Letter Does
A spoliation letter is a legal document that your attorney will likely send to the parties involved in your truck accident case. The letter notifies them that they are legally obligated to preserve evidence relevant to their case, such as documents, truck records, dashcam footage, and ELD data. The letter puts the other parties on notice that they are required to keep this evidence and that failing to do so will likely come with legal penalties.
Why is it so important? Certain pieces of truck accident evidence can be damning for one party or the other, which may make them take steps to destroy or hide that evidence so it cannot be used against them. For example, imagine a truck driver who was several hours outside of the FMCSA’s hours-of-service regulations. Knowing that the accident was likely caused by their driver’s fatigue, the company moved to destroy or fraudulently alter the trucking logs to make it look like their driver was in compliance. A spoliation letter essentially lets them know that your attorney is watching and will verify the authenticity of the evidence provided.
Components of a Spoliation Letter
A spoliation letter will include several key components. First, it will identify the client seeking compensation, the type of accident they were involved in, when it occurred, and where it occurred. It may also briefly outline the type of injuries they sustained.
The letter will then tell the other party that they are required to preserve and not alter evidence relating to the crash. Following that, there may be an extensive list of evidence types, including the damaged truck, equipment involved in the collision, dashcam footage and other physical evidence, the driver’s employee file, cell phones the driver had at the time of the crash, and the electronic logging device. However, note that the letter will likely also say that the other party is required to preserve all evidence, not just that which is listed in the letter.
The letter may wrap up with a reminder that destroying, losing, or altering any evidence related to the collision could lead to a negative outcome for them.
How This Letter Can Impact Your Truck Accident Investigation in Columbia
The spoliation letter is a proactive measure that can safeguard your accident claim. You never know what type of trucking company you’re dealing with; they may be incredibly above-board and committed to doing everything right, in which case your evidence is already safe. But if they are the type to “lose” evidence that harms them or claim equipment failure when they can’t produce logging device data or dashcam footage, it is essential that they be reminded of their legal obligation and the potential outcomes of tampering with evidence. No matter which side of the scale the company falls on, it doesn’t hurt to let them know you will be holding them accountable for any lost evidence.
What Happens if Evidence Isn’t Preserved
A number of outcomes may result if the other party loses, destroys, or tampers with evidence. The court may impose monetary sanctions for their blatant failure to preserve evidence. They can also assume that the data that was lost is harmful to the party who lost it, which is known as adverse inference. Finally, the court may prevent the party who damaged the evidence from presenting their evidence or arguments.
Explore Your Legal Options with Peake & Fowler
Ready to start your truck accident case in Columbia? It’s time to meet with Peake & Fowler. Call us at 803-788-4370 or send us a message online to start figuring out your next steps.
