What is a “preservation letter” and why does it matter?

What is a “preservation letter” and why does it matter?

A preservation (or litigation hold) letter is a formal legal demand sent to the motor carrier, its insurer, and relevant third parties requiring them to retain all evidence related to the crash — including the tractor-trailer itself, driver logs, maintenance records, electronic data, communications, and dashcam footage. Once on notice, a carrier that destroys or fails to preserve this evidence may face spoliation sanctions, which can include an instruction to the jury that it may presume the destroyed evidence was harmful to the carrier’s case. We send these letters on day one.