Sample Spoliation Letter

Here is part of my letter (for the rest, email me):

Over the years we have crafted/borrowed from/added to the spoliation letter my offices sends out in cases involving tractor trailers. Here you go:


Dear Mr. XXX:

As you may be aware, my law firm represents XXXXXXXX as a result of personal injuries resulting from an accident which occurred on XXX in XXXX. We specifically request that the following evidence be maintained and preserved and not be destroyed, modified, altered, repaired, or changed in any matter:

1. The tractor and trailer involved in this accident.

2. Bills of lading for any shipments transported.

3. Any oversized permits or other applicable permits or licenses covering the vehicle or load on the day of the accident.

4. The daily logs for the day of the accident and the eight day period preceding the accident.

5. The daily inspection reports for the day of the accident and the eight day period preceding the accident.

6. Daily inspection reports for the tractor and trailer involved in this accident for the day of the accident and the eight day period preceding this accident.





7. Maintenance, inspection, and repair records or work orders on the tractor and the trailer for the day of the accident and for the six month period preceding the accident.

8. Annual inspection report for the tractor and trailer covering the date of the accident.

9. The complete driver’s qualification file, including but not limited to:

a. application for employment
b. CDL license
c. driver’s certification of prior traffic violations
d. driver’s certification of prior accidents
e. driver’s employment history
f. inquiry into driver’s employment history
g. pre-employment MVR
h. annual MVR
i. annual review of driver history
j. certification of road test
k. medical examiner’s certificate
l. drug testing records
m. HAZMAT or other training documents

10. Photographs of the vehicles involved in this accident or the accident scene.