What Should Be Included in the
Truck Accident Lawyer's
Spoliation Letter?
In a letter to the trucking accident
company and their attorneys, a truck accident lawyer should make
broad requests to preserve all documents, equipment, data, photographs,
and other items related to the truck accident. The truck accident
lawyer should consider, if applicable, specifically requesting:
1. Black
box data;
2. Truck driver's personnel file and driving history;
3. The driver's qualification file as required by 49 C.F.R. 391-51;
4. Driver's log for the last two years (which must be kept per
49 C.F.R. 395.8 and 395.15);
5. All statements obtained from investigation of the truck accident;
6. GPS or other tracking data; and
7. The truck's maintenance and repair history
With respect to item #4, a truck accident should send a letter immediately to the trucking company requesting that they retain the log books and that they not be altered, modified or changed in any way. The attorney's correspondence should reference 49 CFR 395.8(k), which specifically addresses the retention of drivers record of duty status. If the trucking company fails to produce the driver's logs, you should be able to get a charge of spoliation instruction if the case goes to trial. The letter should also specifically request all the operational documents associated with each trip the driver the truck driver took at least three years before the truck wreck (although the CFRs only require 6 months).
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