Spoliation Letters in Kentucky Truck Cases: What We Send in Week One

When a tractor-trailer or delivery truck causes a serious crash, the most important evidence can vanish fast—overwritten dashcam clips, telematics snapshots that rotate out, driver texts deleted when a phone is “replaced,” even vehicles repaired before anyone measures the brakes. Your leverage begins with timely, targeted spoliation letters that force every potential defendant to preserve critical data and components.

Below is exactly what we preserve in the first 7 days, why it matters under federal rules, and how Morrin Law Office deploys this playbook for Kentucky cases.

What a spoliation letter does (and why timing matters)

A spoliation letter puts companies on formal notice to preserve evidence that’s relevant to litigation. If they destroy it after notice, Kentucky law allows courts to impose remedies like adverse-inference instructions or other sanctions. (Kentucky recognizes sanctions for destroyed evidence rather than a broad separate tort—so notice early and be specific.) Justia Law

With trucking defendants, “specific” means data sources + physical items tied to federal motor-carrier rules (so they can’t claim ignorance). Think ELDs, ECM, dashcams, driver logs, cargo securement, and maintenance files governed by 49 C.F.R. Parts 395, 393, and 396. Legal Information Institute

Week-one preservation checklist (what we demand—by target)

We tailor the letter to each target: motor carrier, broker, shipper/loader, maintenance vendor, and sometimes a third-party video source (store, traffic camera administrator). Paste these bullets into your letter templates.

A) Motor carrier (trucking company)

• ELD / Hours of Service: Raw ELD record set (Subpart B) including header, event, and diagnostic logs; RODS; edits/annotations; malfunction reports; user logs for the driver and co-drivers; supporting documents (fuel, tolls, scale, bills). Carriers must be able to produce ELD records for the relevant six-month retention window. ecfr.gov

• ECM / telematics: Complete engine-control-module download, hard-brake/sudden-event flags, GPS breadcrumbing, speed/accel/brake/throttle channels, and any third-party telematics exports (Samsara, Motive, Omnitracs, etc.). GallagherBassett US

• Cameras: Road-facing and inward-facing dashcam video and metadata; event-trigger clips; full-trip retention if available; driver coaching clips and safety-score reports. Truckinginfo

• Driver ops & qualification: DQF, hiring/training records, HOS audits, prior incidents, dispatch/TripPak messages, DVIRs (pre/post-trip), and any post-crash drug/alcohol test documentation. (Driver inspection/maintenance records are mandated under Part 396.) Legal Information Institute

• Vehicle preservation: Hold and secure the power unit and trailer in current condition for joint inspection (no repairs, parts changes, tire swaps, or brake adjustments until all parties inspect and measure).

B) Shipper / cargo loader

• Loading records: Bills of lading, load plan/SOPs, pallet configs, securement lists, photos at tender, dock logs, forklift/camera footage, scale/weight tickets, communications with the carrier/driver.

• Securement compliance: Proof of compliance with cargo-securement rules (Subpart I, §§ 393.100–393.136), especially for commodities with special requirements (coils, logs, paper rolls, concrete pipe, etc.)

C) Broker (if any)

• Vetting & selection file: Carrier safety-rating snapshots, out-of-service/crash metrics reviewed at tender, internal risk criteria, prior incidents with the carrier, and the rate confirmation / load tender / MSA (safety clauses, indemnity, insurance).

• Communications: Emails/chats about timelines, routing/weather, substitution of carriers, or declined safer options.

D) Maintenance / repair vendor

• Work orders & parts: All service records for the tractor/trailer/axle at issue; brake/ABS service; wheel/tire changeouts; torque logs; comebacks/warranty claims; maintenance schedules.

• Qualifications: Inspector and brake-inspector qualifications (Part 396), shop QC procedures, and any digital scan/tooling outputs tied to the VIN. 

E) Law-enforcement & third-party video

• Scene materials: 911 audio, CAD logs, crash report with diagram, photos, bodycam, and traffic-camera pulls.

• Nearby businesses: Time-boxed requests to gas stations, distribution centers, or stores whose cameras face the roadway/lot. (These overwrite in days.)

Physical inspection protocol (what we ask to freeze)

• Brake system measurements (stroke, lining thickness, drum/rotor condition), tire/wheel retention (stud stretch, nut torque), steer and suspension checks, ABS fault codes, and underride strike documentation.

• Trailer securement: condition and placement of tiedowns, winches, anchor points; presence/absence of blocking/bracing; door/threshold damage patterns.

• ECM + camera extractions performed before any repair/reset; mirrored copies shared among parties.

We include a proposed inspection date and neutral storage location in the letter so the defense can’t argue uncertainty.

Formatting tips (so your letters actually work)

• Be specific and cite rules: Quote the exact FMCSA provisions that touch your items (e.g., Part 395 for ELDs, Part 396 for maintenance, Subpart I of Part 393 for cargo). Defense counsel is less likely to roll the dice when your list tracks the Code of Federal Regulations. 

• Cover every custodian: Send to the carrier’s registered agent, safety director, insurer, the broker’s legal department, the shipper’s risk manager, and any maintenance chain that touched the unit.

• Lock in chain-of-custody: Ask for a sworn representative to confirm hold status, identify all data locations, and list any auto-delete policies paused.

• Calendar follow-ups: 3-day receipt check, 10-day compliance check, and 30-day escalation (motion practice if needed).

Common defense moves (and how preservation defeats them)

• “We don’t keep that.” Carriers must keep ELD/RODS and supporting docs and have inspection files under Part 396; preservation letters stop “routine deletion” excuses. 

• “The video overwrote.” Many dashcam systems auto-delete in days. Early notice + request for a full repository export defeats the “short retention” excuse. 

• “Repairs had to proceed.” Your letter demands pre-repair inspection, photos, and measurement, and invites a joint exam to balance safety with preservation.

• “Irrelevant.” Tie each item to a theory of fault (fatigue, speed, maintenance, cargo shift). Courts respond when you connect evidence to a specific negligence path.

How Morrin Law Office handles week one

1. Rapid notice to every responsible party (carrier, broker, shipper/loader, maintenance vendor) plus the insurer—sent within days of engagement.

2. Scene & vehicle hold: we request storage and coordinate joint inspections, including ECM/ELD/camera downloads.

3. Agency & third-party pulls: 911 audio, traffic cams, and adjacent-business footage before it is overwritten.

4. Client protection: we manage all communications with corporate defendants and their insurers so families can focus on medical care and grieving.

5. No upfront fees: free consultation; contingency-fee representation.

FAQs

Do I send spoliation letters before filing a lawsuit?

Yes—immediately. Pre-suit preservation is common (and expected) in trucking cases so vital data isn’t lost.

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What if the company “lost” the data anyway?

Courts can impose sanctions or adverse-inference instructions when evidence is destroyed after notice. Kentucky authority recognizes sanctions for spoliation; we build a record showing notice, control, and prejudice.

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Who gets a letter if multiple companies are involved?

Usually all of them: motor carrier, broker, shipper/loader, and any maintenance chain—plus their insurers and registered agents.

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Isn’t this overkill for a “simple” rear-end?

Rear-ends often involve fatigue, speed management, brake condition, or in-cab distraction. Without ELD/ECM/camera data and brake measurements, you’re relying on guesses—not evidence.

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References & Further Reading

Federal rules behind your preservation list

• ELDs / Hours of Service (49 C.F.R. Part 395, Subpart B; data retention/production): eCFR overview and obligations to produce records; six-month retention context. ecfr.gov

• Inspection, Repair & Maintenance (49 C.F.R. Part 396): carriers must systematically inspect, repair, and maintain CMVs; inspector/brake-inspector qualifications. GovInfo

• Cargo Securement (49 C.F.R. Part 393, Subpart I): general and commodity-specific securement rules that inform shipper/loader preservation items. ecfr.gov+2Legal Information Institute

• FMCSA Safety Planner – Cargo Securement overview: quick, readable summary for non-lawyers. CSA Compliance

Preservation & telematics context

• FMCSA ELD FAQ (what must be kept / who must comply): helpful for framing ELD scope in letters. FMCSA

• Industry perspective on post-crash preservation (dashcams/telematics): TruckingInfo explainer. Truckinginfo

Kentucky spoliation authority

Monsanto Co. v. Reed, 950 S.W.2d 811 (Ky. 1997): Kentucky Supreme Court discussing spoliation remedies and rejecting a freestanding tort in favor of sanctions within the action. Justia Law