Put the Trucking Company on Notice to Preserve Crash Evidence

A trucking company evidence preservation letter is a written request. It asks the company and its insurer to keep records about a truck crash so those records are not lost. In Georgia, families often send one early, because some of the most useful evidence is electronic. This guide explains what the letter does, which records it should name, and what federal rules already require carriers to keep. It is written for injured people and for the family members and friends who are helping them.

What a Preservation (Spoliation) Letter Is

A preservation letter asks another party to keep evidence it may need for a future claim. Lawyers call the loss, destruction, or change of evidence spoliation.

Families usually send the letter to the trucking company and its insurer. Sending it soon after the crash matters, because the records may still exist and may be changing through normal operations.

The letter also creates a written record of exactly what was requested and when. That record helps show the company knew which items mattered.

The letter does not create any evidence. It asks the company to keep what already exists. A letter can’t bring back a record that was already erased, but it can ask the company to stop that from happening to the rest.

Which Records a Truck Crash Letter Should Name

A useful letter names specific records, not just “all documents.” Most commercial trucks carry several record types that matter after a crash.

• Electronic control module data. Many trucks store engine and braking information in an onboard module, often called a black box. It can show speed, braking, and throttle before a crash.
• Electronic logging device (ELD) data and driver logs. These show the driver’s duty status for each 24-hour period.
• Supporting documents. Federal rules list bills of lading, dispatch and trip records, expense receipts, electronic messages, and driver pay records.
• Driver qualification file. This file holds hiring paperwork and driving records.
• Onboard camera footage and maintenance records. These include inspection and repair history for the truck and trailer.
• Post-crash drug and alcohol testing records. These are a separate category and should be named on their own line.

Which records matter most varies with each crash and each company’s equipment. Name the categories that fit the crash you are dealing with.

Why Timing Matters: Electronic Data Can Be Overwritten

Timing matters because electronic records can be overwritten, and routine business can remove paperwork. A letter sent early puts the company on written notice before that happens.

Many people assume the trucking company will keep everything. Federal rules set minimum retention periods, and those periods are not permanent. Some are measured in months, not years.

Post-crash testing has its own clock. After certain serious crashes, an employer must test surviving drivers for alcohol and drugs. If an alcohol test is not given within two hours, the employer must record the reason. It must stop trying after eight hours. A controlled substances test must be abandoned after 32 hours. 49 C.F.R. § 382.303

A common mistake is waiting until the claim feels serious. By then, the company may have already gone through its routine record cycle.

Federal Rules Trucking Companies Must Follow

Federal rules set minimum retention periods. A preservation letter can ask a company to keep records longer when a claim is expected.

• Records of duty status and supporting documents. 49 C.F.R. § 395.8
• 49 C.F.R. § 395.11
• 49 C.F.R. § 391.51

How Georgia Courts Handle Lost or Destroyed Evidence

A written letter makes it much easier to show.

The outcome depends on the facts of each case.

Keep the focus on what the records show. Clear, early written requests make the record of what the company knew easier to read.

Preserving Evidence Is Part of Building a Claim Against a Trucking Company

Trucking company records often bear on fault. Speed, hours driven, and driver fatigue are common examples.

Federal rules limit driving time. Under 49 C.F.R. § 395.3, a driver of a property-carrying commercial motor vehicle may drive a total of 11 hours within the 14 consecutive hours after coming on duty following 10 consecutive hours off duty. 49 C.F.R. § 392.3

Lost wages and medical bills are documented separately from these company records. A claim against a trucking company moves through the legal process, and each step takes its own time.

What a Preservation Letter Should Include

A preservation letter should identify the crash, name the parties, list the records, and ask for written confirmation. Include these elements:

1. The date, time, and location of the crash, including the nearest city and state.
2. The carrier’s name, the driver’s name, and the truck or trailer identification, if known.
3. A specific list of record categories, drawn from the section above.
4. A statement that a claim is expected, and a request that the company keep those records.
5. A request for written confirmation that the records are being kept.

Keep a copy of the letter. Send it by certified mail or a tracked delivery service, and save the proof of delivery.

A letter is one step in gathering evidence. It does not replace the rest of that process.

Talk With T. Madden & Associates, P.C. About Your Crash

Talking with a lawyer about a truck crash is a way to ask about records and your next steps. It does not commit you to anything.

Frequently asked questions