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Will a spoliation letter really stop a trucking company from deleting or destroying the electronic data related to the accident?

 

A:

The point of a spoliation letter is to make a trucking company preserve Sarasota truck accident evidence. The letter explains that a trucking company has to keep accident-related evidence because the victim is pursuing a claim for damages.

Some types of evidence that may be listed in the letter that the trucking company should preserve include:

  • trucker’s log books
  • black box data
  • truck’s maintenance records
  • trucker’s drug tests results
  • truck driver’s personnel file

the physical truck itself

While it may seem likely that a trucking company would accidentally lose this information or destroy it because they want to protect the company from liability, it is important to remember that it is against the law to destroy evidence after they have received a spoliation letter. Because this information can be easily destroyed, it is vital that you have an attorney send a spoliation letter immediately after the accident so all the accident evidence is preserved.

However, it is good to know that log books have to be kept for six months, but electronic data can be erased after 30 days, according to the Federal Motor Carrier Safety Administration. This means that you need to have an attorney go to work immediately on your accident to collect your evidence and to make sure the evidence is secured and preserved.

Call a Sarasota truck accident lawyer at the Mallard Law Firm to have the accident evidence preserved before it is too late and the information is destroyed, lost, or overwritten. Call 888-409-3805 for a free initial consultation today.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney