Spoliation Letters: What Trucking Companies Must Preserve—and What They Don’t
Spoliation letters arrive early and often in trucking cases. They are typically broad, aggressive, and designed to shift leverage immediately in the plaintiff’s favor. Understanding what these letters do—and do not—require is critical.
A spoliation letter does not expand the law. It does not automatically require preservation of everything, indefinitely. Preservation obligations are governed by reasonableness, relevance, and proportionality—not by the demands of opposing counsel.
That said, ignoring or mishandling a spoliation request is one of the fastest ways to undermine a defensible case. Courts take evidence preservation seriously, particularly when electronic data, onboard systems, or vehicle components are involved.
From a defense perspective, the approach is deliberate. Identify potentially relevant evidence promptly, suspend routine destruction where appropriate, document preservation steps, and evaluate overbroad demands carefully before responding.
Handled correctly, spoliation letters are manageable. Handled poorly, they can become the foundation for sanctions, adverse inferences, and increased settlement pressure.
Preservation obligations require judgment—not overreaction.
A measured, well-documented response to early preservation demands can help maintain control of a case before leverage shifts.
