Spoliation Letters and Evidence Preservation in Indiana Truck Accident Cases

• The strength of a truck accident case depends heavily upon the quality of its evidence, whether that means physical material from the crash site, internal documentation from the trucking company, or electronic data from the truck.
• Yet as vital as this evidence is, it can be all too easily altered, damaged, or lost unless steps are taken to keep it intact, and one of the chief mechanisms of evidence preservation is sending spoliation letters to the defendants who possess it.
• To ensure that your spoliation letters are executed properly, consider partnering with Hensley Legal Group, PC, which has a history of success with large vehicle injury cases, like a $25 million verdict* for a collision with an ambulance.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE COMPLETELY ALIKE.

Truck accidents are some of the most devastating events in Indiana traffic today, particularly for any smaller vehicles that may be involved. When a semi-trailer weighing 80,000 pounds smashes into a car that’s only a fraction of its size on the Indiana Toll Road, it’s probably not surprising that the car’s occupants tend to suffer around 72 percent of the deaths and the vast majority of the extreme injuries that are frequently inflicted.

And although there may be greater funds available to compensate you for the greater damages you might incur thanks to the substantial insurance coverage that commercial trucks and semi-trailers are required to carry under federal law, this could be something of a double-edged sword. An insurance policy of $1 million (or sometimes more) might give an insurance company a huge incentive to push back against your case, making it critical for you to push back as well, and a big part of doing that is amassing the evidence necessary to demonstrate negligence by the defendants.

Unfortunately, much of the most important evidence will be in the hands of the trucking company and other defendants who may have access to the truck that hit you, and among the most valuable and vulnerable of that evidence is the data from the truck’s computer systems. This sort of information could be accidentally or not so accidentally damaged or lost unless a swift and concerted effort is made to preserve it, and the most effective means of achieving this goal are spoliation letters demanding that the evidence be kept intact until it can be examined.

An incorrectly conceived or executed spoliation letter could be highly detrimental your case, but disastrous mistakes can be avoided if you partner with the skilled truck accident lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998 and who have obtained such noteworthy results in large vehicle injury cases as:

• A $25 million verdict for a collision with an ambulance.
• An $8.0 million claim resolution for a delivery truck crash.
• A $5.5 million settlement for a semi-trailer accident.

In recognition of accomplishments like these, Hensley has been named one of the Best Law Firms in the United States by Best Lawyers®. Additionally, Hensley truck accident attorney Sarah Graziano has earned the Trial Lawyer of the Year Award from the Indiana Trial Lawyers Association, while attorneys at the firm have earned inclusion in the Million Dollar Advocates Forum, Super Lawyers, America’s Top 100 Attorneys, the National Trial Lawyers’ lists of the Top 100 Trial Lawyers and the Top 40 Under 40, the American Academy of Truck Accident Attorneys, and the American Association for Justice, Trucking Litigation Group.

Yet as proud as we are of accolades from our peers, we’d be just as proud to get the chance to get you justice, so please call us at (317) 472-3333, chat with us online, or fill out our contact form for a free case review with a knowledgeable Indiana truck accident attorney.

Evidence That Must Be Preserved After an Indiana Truck Accident

Various types of evidence might play a role in your Indiana truck accident case, though its chief purpose should always be proving the liability of the defendants, a group that usually includes the truck’s driver and the trucking company, among others. Most often, you’ll be arguing that the accident was caused by truck driver misconduct, for which the driver may have direct liability and the trucking company may have vicarious liability and perhaps some direct liability too, and any evidence that supports this argument must be preserved.

Some of this evidence can be unearthed at the scene of an Indiana truck accident, such as:

• Skid marks
• Debris fields
• Fluid spills
• Vehicle placement

Physical evidence like this can offer key insights into the moments leading up to a collision, indicating sudden braking (or the lack of any braking), the speed of travel, and where and when the impact took place, though it should be noted that it’s very time sensitive. As such, it has to be photographed or otherwise captured before the site gets cleaned up for the use of other vehicles.

As useful as this evidence can be, however, it isn’t the kind that most spoliation letters target because it’s generally found in public settings and can therefore be accessed by every party equally. Instead, these letters are primarily concerned with preserving evidence in the defendants’ possession until the plaintiffs are able to take a thorough look at it.

Some of the evidence sought in spoliation letters could highlight negligent practices by the trucking company that may have encouraged illicit or reckless behavior by its drivers and others in its employ and thus made a truck accident almost inevitable. For example, the company might have forced its drivers to work longer hours than is legally permissible under the Federal Motor Carrier Safety Administration (FMCSA)’s Hours of Service (HOS) regulations, a pattern that might be exposed by:

• Dispatch messages
• Bills of lading
• Internal emails and memos

Other evidence might point towards the negligent hiring, training, or retention of drivers, like:

• Driver Qualification Files (DQFs)
• Motor Vehicle Records (MVRs)
• Drug and alcohol tests

Further evidence could reveal that the trucks weren’t kept in working order, like:

• Inspection reports
• Maintenance histories

But while these materials could be a few keystrokes or a quick trip to the shredder away from disappearing forever, they might not be as fragile or as vital as evidence from the truck itself, including the data contained in its onboard electronics, such as the:

• EDR (Event Data Recorder) that serves as the “black box” for a crash;
• ECM (Electronic Control Module/Engine Control Module) that functions as the truck’s “brain” for engine-based maneuvers like acceleration and deceleration;
• ELD (Electronic Logging Device) that monitors when the truck is being driven;
• GPS (Global Positioning System) that tracks the location of the truck; or
• Dash Cam/Video System that shoots footage of the area in front of the truck or the driver at its helm.

This data can show what the driver was doing or how the truck was operating immediately before an Indiana truck accident and may provide independent confirmation of whatever blame can be ascribed to either. Nevertheless, this evidence may be the most is danger getting damaged, lost, or ruled inadmissible because of:

• Automatic resets
• Technical glitches
• Download errors
• Poor chains of custody
• Deliberate erasure

Trucking companies are aware that they have a duty to preserve this data and documentation for closer scrutiny following an accident, but that doesn’t stop some defendants from shirking this duty and pretending that it occurred in error or out of ignorance.

Once the evidence is gone, it may be impossible to restore, although the defendants might think more than twice about crossing an irreversible ethical line if they receive spoliation letters explaining everything that can expect if they do.

How a Spoliation Letter Can Help Your Truck Accident Case

A spoliation letter (alternatively referred to as a “spoliation of evidence letter” or “preservation letter”) is a formal written communication insisting that a defendant, insurance company, or witness preserve evidence that is relevant to a potential or currently active lawsuit or claim. Basically, it’s an attempt to prevent the modification, destruction, or loss of this evidence before it can be analyzed and maybe deployed by the plaintiff.

Obviously, a spoliation letter should be sent sooner rather than later, as the odds of the evidence being modified, destroyed, or lost could go up exponentially with each passing day, a ruinous development that won’t be allowed when Hensley Legal Group, PC is on the job.

Our truck accident lawyers will begin by launching a comprehensive investigation to identify all of the defendants who contributed to your trucking injuries, then establish valid claims against them by notifying them in writing and alerting their insurance carriers.

The initial letters to the defendants will explicitly reference the truck accident and prominently feature spoliation language informing them that these letters constitute “a formal demand for preservation of evidence.” Since the incident will likely be the subject of litigation, the defendants and any employees, insurers, or attorneys acting at their behest are legally obligated to preserve any electronic data, documents, or tangible items pertaining to it – or risk significant penalties if they do not.

Standard pieces of evidence that truck accident spoliation letters normally request be preserved include:

• The truck
• Dash cam, in-cab, loading dock, and surveillance videos
• Black box, ECM, ELD, and GPS data
• Hiring and training documentation
• Emails, memos, and employee handbooks
• DQFs and MVRs
• Drug and alcohol tests
• Dispatches, calls, and communications
• Schedules and itineraries
• Bills of lading, cargo manifests, and weight tickets
• FMCSA HOS logs
• Fuel purchase and tollbooth receipts
• Pre- and post-trip inspection reports (DVIRs)
• Maintenance histories
• Cellphones

The defendants will also be told that this evidence should be “preserved in its native format,” with any routine data overwriting and document destruction protocols suspended and any metadata and audit trails saved during this period, and anybody working with the defendants should do the same.

Last but certainly not least, the letters will warn the defendants of the dire consequences they could face if the evidence is not preserved.

The Consequences of Not Preserving Evidence

What exactly are the consequences of not preserving evidence? Our spoliation letters will make abundantly clear that the tenacious lawyers at our firm will take prompt legal action if there is any hint that essential evidence has been or is about to be compromised.

As the Supreme Court of Indiana ruled in Cahoon vs. Cummings, serious judicial sanctions can be imposed against defendants who are found guilty of spoliation of evidence, such as:

• Instructing the jury to assume that the missing evidence would have been prejudicial to the defendants’ side and advantageous to our side; and
• Ordering the defendants to pay legal fees and/or fines in accordance with Indiana Trial Rule 37.

Quality evidence is the cornerstone of a rock-solid trucking injury case, and Hensley’s tireless Indiana truck accident attorneys will do whatever it takes to preserve that evidence or ensure that anyone who stands in the way of its preservation ends up regretting it.

Reach Out to Our Indiana Truck Accident Lawyers

Hensley Legal Group has been fiercely defending the interests of badly injured clients for nearly three decades. If your world has been turned upside down by a catastrophic truck accident in the Hoosier State, reach out to our Indiana truck accident lawyers to learn how they can set things right again.

You can schedule a no-cost consultation with a seasoned Indiana truck accident attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.

Frequently Asked Questions

What is a spoliation letter?

A spoliation letter (also known as a “spoliation of evidence letter” or “preservation letter”) is a formal written communication to a defendant, insurance company, or witness demanding that evidence relevant to a personal injury lawsuit or claim is preserved.

Spoliation letters are the chief mechanisms for preventing the modification, destruction, or loss of evidence before a plaintiff can analyze it. In an Indiana truck accident case, this sort of letter is most often sent to the trucking company, though other defendants could receive spoliation letters too, particularly when they have access to the truck.

What evidence would a truck accident spoliation letter seek to preserve?

A truck accident spoliation letter generally seeks to preserve data, documents, or tangible items pertaining to the accident, including:

• The truck
• Dash cam, in-cab, loading dock, and surveillance footage
• Black box, ECM, ELD, and GPS data
• Hiring and training documentation
• Emails, memos, and employee handbooks
• DQFs and MVRs
• Drug and alcohol tests
• Dispatches, calls, and communications
• Schedules and itineraries
• Bills of lading, cargo manifests, and weight tickets
• FMCSA HOS logs
• Fuel purchase and tollbooth receipts
• Pre- and post-trip inspection reports (DVIRs)
• Maintenance histories

The defendants are usually told that this evidence should be “preserved in its native format,” with any routine data overwriting and document destruction protocols suspended and any metadata and audit trails saved.

How long do I have to send a spoliation letter?

While there is no set timeline for sending a spoliation letter, it should obviously be sent as soon as possible, since the longer you wait, the more likely it is that the evidence could be compromised.

You should further be mindful of other deadlines that could influence the timeline for your case and therefore the time you have to secure evidence for it, like the Statute of Limitations, which is typically two years for truck accidents in Indiana but could be much shorter in some circumstances.

How can evidence be at risk?

Evidence can be at risk in virtually every way imaginable, though different kinds of evidence can face different risks. For instance, physical files tend to be ruined by physical means, such as adverse storage conditions or catastrophic events, like fires or floods, or they could be in danger of getting shredded, misplaced, or thrown out (whether intentionally or unintentionally).

In contrast, the electronic data that is increasingly important in truck accident claims could be damaged, lost, or ruled inadmissible because of:

• Automatic resets
• Technical glitches
• Download errors
• Poor chains of custody
• Deliberate erasure

What are the consequences of ignoring a spoliation letter?

Defendants who alter, destroy, or dispose of evidence that a spoliation letter demanded be preserved could be subjected to serious legal penalties for spoliation of evidence.

These penalties might include jury instructions that are unfavorable to the defendants as well as orders to pay legal fees and/or fines.