A spoliation of evidence letter, therefore, is essentially a warning to the other parties – such as a trucking company – not to destroy evidence pertaining to the accident. Spoliation letters are sent to the trucking company or other parties involved depending on the circumstances. A spoliation letter is a notice sent to an opposing party in an accident requesting it preserve all relevant evidence. J. If you have a claim against a business, it is important that you send a preservation of evidence letter that include all the necessary details as soon as possible. It may even mention specific evidence to preserve, such as a vehicle involved in an auto accident. say, spoliation of evidence is a serious matter. What is a Non-Spoliation Letter, and Why Does It Matter to My Lawsuit? Business documents can come in many forms such as company manuals, emails, logs, spreadsheets, employee files, etc. Software Coded instructions (programs) that make a computer do useful work. An evidence preservation letter is a written request that certain documents, electronically-stored information and data (“e-data”), and vehicles be preserved in anticipation of future litigation. While sanctions for evidence spoliation is rare, sanctions for failing to produce documents are often similar to that for destroying documents. I. Spoliation Spoliation is the destruction of records which may be relevant to ongoing or anticipated litigation, government investigations or audits. ... and avoids spoliation allegations. One purpose of Vestige’s Spoliation Letter, is intended to put the other side on notice of their duties & obligations surrounding preserving Electronically Stored Information (ESI). (continued) Some courts have required bad faith rather than merely Spoliation as a Separate Cause of Action. 3. If you or a loved one was recently involved in a truck accident and you have decided to file a claim or lawsuit against the trucking company, one of your first objectives will be to send the company a letter of spoliation. letter, evidence, company, truck, accident, spoliation, claim, case, drivers, send. ¶8 The Marshall case adopted the Black's Law Dictionary definition of "spoliation" which is the intentional destruction of evidence. The Importance of a Spoliation of Evidence Letter in a Truck Accident Case Just about every business, whether large or small, keeps and maintains business records and other documents. Spoliation Letter (re surveillance video) This letter serves to provide you with notice that _____ is investigating a claim arising from an automobile accident that occurred on _____, between the hours of _____, on or near your business located at _____. It is sometimes the case that, following an accident, evidence goes missing, is misplaced or discarded, or, in the more egregious cases, is intentionally … The Marshall case indicates that spoliation of evidence gives rise to a rebuttable presumption while the Burns case indicates it allows for an adverse inference to be drawn. In some cases, spoliation of evidence may be viewed as tortious conduct.17 This occurs primarily when the defendant’s conduct has been intentional.18 However, some 12 Brewer, 862 S.W.2d at 159- 60. Author: Brandon D. Smith, Esq. Courts differ in their interpretation of the level of intent required before sanctions may be warranted. Spoliation of Evidence: The Surest Road to Sanctions Simple steps to avoid a claim of spoliation ... cause the client to issue appropriate litigation hold letters to the correct custodians, and (3) follow up with the client to ensure that any litigation holds have been followed. 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