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.
A preservation letter is a formal written notice requesting that a person or company preserve evidence that may be relevant to a legal claim. After a commercial truck accident, an attorney may send a preservation letter to the trucking company and other parties to help prevent important records, electronic data, and other evidence from being lost or destroyed.
Understanding what a preservation letter is and why it matters can be especially important in truck accident cases. Trucking companies may control valuable evidence, including driver records, electronic vehicle data, maintenance records, and video footage.
Acting quickly can help protect information that may be needed to determine what caused the crash and who may be responsible.
What Evidence Can a Preservation Letter Protect?
Depending on the circumstances of the crash, a preservation letter may request that the trucking company, driver, and other potentially responsible parties retain evidence such as:
- 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 Should a Preservation Letter Be Sent Quickly?
Trucking companies and their insurers may begin investigating a serious crash almost immediately. Meanwhile, electronic data, video footage, and other records may become unavailable over time.
Some electronic information can be overwritten, vehicles may be repaired, and records may eventually be discarded according to retention schedules.
Sending a preservation letter promptly helps identify the evidence that should be retained before important information becomes difficult or impossible to recover.Delays can permanently weaken your case and reduce your ability to recover full compensation.
Why Should an Attorney Handle a Preservation Letter?
A truck accident attorney understands what evidence may be available and which parties should receive a preservation request.
An attorney can tailor the letter to the circumstances of the crash, identifying relevant electronic data, driver records, maintenance information, and other documents that should be preserved.
A preservation letter does not automatically give an attorney access to those records, but it can be an important step in protecting evidence that may later be obtained during the legal process.
Preservation Letter FAQ
Can I send a preservation letter myself?
Yes, but an attorney familiar with truck accident cases can help identify the appropriate recipients and the specific evidence that should be preserved.
What happens if the trucking company ignores a preservation letter?
Depending on the circumstances, destroying relevant evidence after a duty to preserve it arises may lead to legal consequences. The outcome depends on the evidence involved and applicable law.
How soon should the letter be sent?
As soon as reasonably possible after a serious truck accident. Acting promptly can help preserve electronic data, video footage, and records that may otherwise become unavailable.
Contact a Florida Truck Crash Lawyer Today
If you’ve been injured in a commercial truck crash, acting quickly can help protect important evidence. Florida Truck Attorneys focuses exclusively on truck accident cases and understands what records, electronic data, and other information may need to be preserved.
Contact us today for a free consultation.