What is a preservation letter? Learn why a lawyer must send one immediately after a truck crash to protect critical evidence and your legal rights.
If you’ve been involved in a serious truck crash, the first few hours can determine the outcome of your case. One of the most critical steps after a collision is ensuring that evidence is preserved—and that starts with a preservation letter in a truck crash. Without it, vital proof may be lost forever, making it much harder to hold negligent parties accountable.
What Is a Preservation Letter?
A preservation letter is a formal notice sent to the trucking company, driver, and any potentially responsible parties demanding that they retain all evidence related to the crash. This can include:
- Electronic logging device (ELD) and black box data
- Dashcam and inward-facing cab video
- GPS and routing information
- Driver qualification and training records
- Truck and trailer maintenance logs
- Dispatch records and shipment documents
- Cell phone and communication records
This notice is often the only way to prevent trucking companies and insurers from deleting, altering, or losing critical data that proves negligence.
Why Timing Is Critical
Trucking companies and their insurers often respond within hours of a serious crash. Their goal is not to preserve evidence—it is to protect their financial interests. Investigators can remove evidence, influence witnesses, and even destroy or overwrite electronic logs if a preservation letter is not sent immediately.
Sending a preservation letter as soon as possible is essential because:
- Electronic data can be overwritten within days or weeks.
- Dashcam or phone footage may be automatically deleted.
- Maintenance logs and documents may be moved or discarded.
Delays can permanently weaken your case and reduce your ability to recover full compensation.
Why You Need a Truck Crash Attorney
You might think you can send a letter yourself, but the process requires specific legal knowledge. A truck crash attorney knows exactly:
- Which parties must receive the letter
- Which evidence is crucial and time-sensitive
- How to cite federal trucking regulations so the notice is enforceable
- How to ensure your legal rights are protected before insurers or companies can act
Having an attorney handle this immediately after a crash gives you the best chance of preserving the facts and holding the responsible parties accountable.
How a Preservation Letter Protects Your Case
A properly drafted truck crash evidence preservation letter can:
- Prevent critical evidence from being destroyed or altered
- Give your attorney access to black box, dashcam, and ELD data
- Preserve logs, communications, and other proof of driver or company negligence
- Strengthen your position in settlement negotiations or litigation
Without it, much of the evidence that proves liability may vanish, leaving you at a disadvantage.
Preservation Letter FAQ
Can I send a preservation letter myself?
While you can technically send one, it may not be legally enforceable or cover all necessary parties. An attorney ensures the letter is comprehensive and court-recognized.
What happens if the trucking company ignores a preservation letter?
Courts can impose sanctions or allow your attorney to use other legal remedies to recover or reconstruct the evidence, but only if a proper letter was sent promptly.
How soon should the letter be sent?
Ideally, within the first hours after the crash. Any delay risks losing electronic logs, dash cam footage, and other critical evidence.
Contact a Florida Truck Crash Lawyer Today
If you’ve been injured in a truck crash, contacting a lawyer immediately is the best way to protect your rights. At Florida Truck Attorneys, we focus exclusively on truck crashes and can quickly send preservation letters to secure the evidence you need. Contact us today for a free consultation.