1. Incident Details
Why is this urgent? Keeping this letter puts the company on legal notice. If they destroy evidence after this, a jury can be instructed to assume the evidence proved their guilt.
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
AND VIA FAX / EMAIL
TO: Risk Management Department / General Counsel
[TRUCKING COMPANY]
RE: NOTICE TO PRESERVE EVIDENCE (SPOLIATION WARNING)
Date of Loss: [DATE]
Location: [LOCATION]
Victim(s): [VICTIM NAME]
Dear Sir or Madam:
Please be advised that this office is investigating the catastrophic collision referenced above. This letter serves as formal notice to IMMEDIATELY SUSPEND any routine destruction of documents, data, or physical evidence related to this event.
You are hereby directed to secure and preserve the following items in their original, unaltered state:
- Electronic Control Module (ECM/Black Box) Data: Including all hard braking events, speed at impact, throttle position, and engine RPM.
- Telematics Data: Qualcomm, Omnitracs, Peoplenet, or similar GPS/Communication logs.
- Dash Cam Video: Forward-facing and driver-facing camera footage.
- Driver Items: Driver Qualification File (DQF), Logbooks (RODS), drug test results, and cell phone records.
- Vehicle Evidence: Maintenance records, inspection reports, and the physical tractor-trailer itself (do not repair).
WARNING: Failure to preserve this evidence after receipt of this notice will result in a claim for Spoliation of Evidence. We will seek an adverse inference jury instruction, requesting the court tell the jury that the destroyed evidence would have proven your negligence.
GOVERN YOURSELF ACCORDINGLY.
[VICTIM NAME]