Sample Spoilation Letter in Truck Accident Case

August 29, 2012

Via Certified Mail
Franklin & Prokopik, P.C.
Andrew T. Stephenson, Esq.
Two North Charles Street, Suite 600
Baltimore, Maryland 21201

Our Client: Joe Smith
Date of Loss: August 23, 2012
Location of Loss: I-95 (Baltimore, MD)
Your Clients: Baltimore Trucking & Kevin Smith

Preservation of Evidence/ Spoliation Notice

Dear Andrew:
As you know, Laura Zois and I are representing Joe Smith with respect to the above-referenced incident. I am writing in response to your firm’s August 27 letter to Mr. Smith.

As you have anticipated, we wish to arrange an inspection of your clients’ tractor and two trailers. I understand you will be sending us the photographs of the vehicles. I would appreciate if you would send me any identifying information relating to the other drivers/vehicles involved in the crash.

You must also preserve all data of any type relating to the collision. This includes any written material such as witness statements, log books, service time records, bills of lading, dispatch records, maintenance records, accident reporting records, driver hiring and employment records; electronic data such as ECM, PCM or GPS data; any video or audio recordings, as well as any data relating to the use of any cell phones or other communication devices.

Please do not dispose of any of this material, as I expect that it will be both discoverable and admissible in any litigation that may arise out of this claim. Failure to preserve this material will result in a request for a spoliation instruction at any trial in this matter.

I understand you intend to preserve the vehicle itself at least until May 11, 2012. I am attempting to arrange to have it inspected prior to that date. If it cannot be scheduled by then, I am asking that the vehicle be preserved until an inspection can take place. To have the electronic data downloaded, my expert will need to know the VIN number of the vehicle. Can you please send me that as soon as possible? I also need to know where the vehicle and data are located.

I look forward to hearing from you.

Very truly yours,
Ronald V. Miller, Jr.

Note: Some truck accident lawyers try to slip in as much technical mumbo jumbo into these letters in an effort to impress the trucking company or opposing counsel to show just how much they know about truck accident cases. We think all it really shows is that you have mastered cut and paste in Microsoft Word. You impress the other side in discovery and at trial, not with your five page spoilation letter.

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