In many injury matters, the most important evidence is held by someone else: a store's camera footage, a trucking company's electronic logs and dash camera video, a vehicle's event data recorder. Much of it is kept only for a short time. Counsel decides whether and when to send a preservation letter. Litigation support helps draft it and tracks the response.
What a good letter covers
- The incident: date, time, place and the people and vehicles involved.
- Exactly what to keep: video, photos, logs, inspection and maintenance records, messages, phone records, the vehicle itself.
- Electronic data in its original form, not only printouts.
- A request not to repair, sell or destroy the vehicle or equipment until it can be inspected.
Trucking cases
Ask for ELD and hours-of-service records, dispatch records, GPS and telematics data, dash camera footage, driver qualification and drug and alcohol testing files, and maintenance and inspection records for the truck and trailer.
Track it
Record when each letter was sent, how, and any reply. Follow up if nothing comes back.
Our preservation letter builder drafts the list for counsel to review.
Litigation support is performed at the direction of a licensed attorney. Every letter is reviewed and sent by counsel.
This article is general information, not legal, tax or regulatory advice. Rules change; confirm current requirements with the responsible agency or a licensed professional.
