sample “SPO-1” Spoliation Letter you can send to the trucking company to preserve their digital evidence.
This is the most critical document you will ever send. In the industry, we call it a Spoliation Letter (or a Preservation of Evidence letter). Its sole purpose is to put the trucking company and their insurer on formal notice: “If you delete, ‘lose,’ or overwrite any data related to this crash, I will see you in court for a ‘spoliation inference.'”
In 2026, most big rigs have AI-driven telematics (like Samsara, Motive, or Lytx) that automatically overwrite data every 30 to 60 days. If you don’t send this immediately, that “smoking gun” dashcam footage of the driver scrolling through TikTok before the jackknife will be gone forever.
Here is a template designed to meet 2026 Federal Motor Carrier Safety Administration (FMCSA) standards.
FORM SPO-1: NOTICE OF LIGITATION AND PRESERVATION OF EVIDENCE
SENT VIA: Certified Mail, Return Receipt Requested & Email
TO: [Trucking Company Name]
[Registered Agent Name/Legal Dept]
[Address]
[City, State, Zip]
CC: [Insurance Carrier Name, if known]
RE: Preservation of Evidence – Jackknife Incident on [Date of Accident]
Location: [Specific Highway/Intersection, City, State]
Involved Driver: [Driver Name, if known]
Vehicle/Trailer Numbers: [VIN or Unit Numbers, if known]
To Whom It May Concern:
This letter serves as a formal demand to preserve all evidence, both physical and electronic, related to the motor vehicle collision involving your vehicle and [Your Name] on the date and location referenced above.
Pursuant to the Federal Rules of Civil Procedure and applicable state laws regarding the spoliation of evidence, you are hereby directed to sequester and maintain the following items in their original, unaltered state:
1. Electronic Data & "Black Box" (ELD) Records
All Telematics Data: Including but not limited to GPS location pings, speed, braking patterns, acceleration, and gear shifts for the 24 hours preceding and 2 hours following the incident.
Dashcam/Video Footage: All inward-facing (driver) and outward-facing (road) video, including any "event-triggered" clips or AI-generated safety alerts.
Hours of Service (HOS): All Electronic Logging Device (ELD) data for the 14 days prior to the crash to verify compliance with 49 CFR § 395.
2. Physical Vehicle Components
The Tractor and Trailer: Do not perform repairs or return the vehicle to service until a forensic inspection can be completed.
Braking Systems: Specifically, the ABS control module, S-cams, brake drums, and proportioning valves involved in the jackknife.
Tires: Preservation of all tires to check for tread depth and inflation levels.
3. Driver & Personnel Files
Qualification File: The driver’s CDL, medical examiner's certificate, and road test results.
Drug/Alcohol Testing: Results of all post-accident toxicological tests as required by 49 CFR § 382.303.
Cell Phone Records: All logs for the driver’s company-issued or personal mobile devices for the window of the accident.
4. Maintenance & Dispatch Records
Pre-Trip Inspections: The Driver Vehicle Inspection Reports (DVIR) for the 30 days prior.
Weight & Cargo: Bills of Lading and weight tickets to verify if the trailer was empty ("deadheading") or improperly loaded.
Failure to preserve this evidence will be treated as an intentional act of spoliation. In any subsequent litigation, we will seek an "Adverse Inference" jury instruction, which allows the court to assume that the destroyed evidence would have been unfavorable to your defense.
Please confirm receipt of this letter in writing within five (5) business days and provide the name of the claims adjuster assigned to this file.
Sincerely,
[Your Signature]
[Your Printed Name]
[Your Phone Number]
[Your Email Address]
The “Inside” Tip for Sending This
Don’t just email this to their general “info@” address. Go to the Secretary of State website for whichever state they are headquartered in and look up their Registered Agent. Send the letter to that agent via Certified Mail with a Return Receipt.
The “green card” you get back from the Post Office is your insurance policy. If they show up to a deposition later and say, “Oh, the dashcam footage was automatically deleted,” you pull out that card and show the judge they knew better.
