Overview

Evidence is the backbone of any 18-wheeler accident lawsuit, but what happens when it disappears? That’s where the legal concept of spoliation becomes relevant. This blog from David W. Starnes Attorney At Law explores what it means, why it matters, and how it can affect the outcome of your case.

Highlights

Introduction

Understanding how spoliation works can turn a setback into a powerful tool in the fight for accountability. What seems like a disadvantage at first may reveal the other side’s fear of the truth. Knowing how to respond gives you leverage. With the right strategy, missing data can speak louder than words, casting doubt on the version of events the defense wants to control.

To understand how this works, you first need to know what spoliation means in a legal context.

What Is Spoliation of Evidence?

Spoliation refers to the destruction, alteration, or loss of evidence in a legal case. Your lawyer will handle the technical arguments and legal filings, but what you need to know is that missing evidence can influence how fault is determined and whether the court trusts the party responsible for preserving it.

For truck accidents, spoliation often involves records controlled by the company, like black box data, driver logs, inspection reports, or dashcam footage. When those records disappear or are tampered with after a crash, it raises serious questions about why they’re missing and what they might’ve shown.

Imagine a crash where the truck’s electronic logging device was wiped two days later. Without that data, there's no way to confirm how long the driver had been on the road or whether they’d taken required rest breaks. That missing evidence can shift the burden of explanation to the party that let it vanish.

How Do You Prove Spoliation?

To prove spoliation, you have to show that the other party knew the evidence was relevant and had a legal duty to keep it, but got rid of it anyway. That often means pointing to internal timelines, conflicting records, or their own procedures to show the destruction wasn’t accidental.

To demonstrate using the example of missing black box data, your lawyer might obtain IT logs or depose the company’s safety officer to uncover when the data was last accessed, who had login credentials, and whether normal deletion protocols were ignored.

How Lost Evidence Impacts Your Injury Claim

Lost evidence doesn’t mean your case is over. In fact, the disappearance of key records can shift the case in your favor if handled correctly. Courts don’t look kindly on parties who destroy evidence, especially when they had a clear duty to preserve it.

The direction your injury claim takes depends on what was lost, who had control over it, and how the loss is explained. It might open the door to legal consequences for the defense or create room for alternative arguments and proof. What matters most is how your legal team responds.

Why Trucking Companies Destroy or Alter Evidence

It’s worth trying to get into the minds of drivers and trucking companies that might tamper with evidence. You might think that it’s a fairly cut-and-dry case of trying to avoid legal penalties, but what we observe in real cases is often more subtle. Decisions to destroy or withhold records are sometimes driven by panic, bad advice, or a culture of protecting the company at all costs.

One common reason is fear of exposing regulatory violations. If the driver had exceeded hours-of-service limits or the truck hadn’t passed a recent inspection, those records could trigger fines or broader investigations even beyond your case. So, rather than risk further scrutiny, someone inside may choose to make that evidence quietly disappear.

Companies that destroy evidence may also want to:

  • Protect a driver with a history of safety violations
  • Avoid triggering higher insurance premiums
  • Cover up poor vehicle maintenance or inspection failures
  • Hide internal policy breaches or dispatch errors
  • Prevent regulatory audits or FMCSA penalties

When spoliation is proven in a truck accident case, the court can impose serious consequences on the party responsible. The most common outcome is an adverse inference, where the judge instructs the jury to assume the missing evidence would’ve hurt the defense’s case. That alone can significantly alter how fault is perceived and assigned.

In more severe situations, the court may issue sanctions, which are penalties that range from fines to limiting the defense’s ability to introduce certain arguments or evidence. These are designed to level the playing field and discourage future misconduct.

In rare but extreme cases, especially when intentional destruction is clear and damaging, the court may even enter a default judgment or strike key defenses entirely. This means the defense loses without the usual trial process on those issues, giving the injured party a major advantage moving forward.

Can Spoliation Actually Help Your Truck Accident Case?

As you can see, spoliation creates a problem for the defense, but it also creates an opportunity for you. Once a court determines that evidence was wrongfully destroyed, it may give you the benefit of the doubt where proof is missing, making your version of the events more credible.

This change in perception can be powerful. If the jury believes the other side hid something, they may start questioning more than just the lost evidence. That doubt can carry through to the rest of their defense, from how the crash happened to how injuries are being challenged.

In legal strategy, it also strengthens your position in negotiations. A trucking company facing court-imposed penalties or jury bias may be more likely to settle on your terms. Spoliation doesn’t erase the challenges of proving your case, but it can significantly change the leverage you have to do it.

What To Do if You Suspect Spoliation After a Truck Crash

The first thing you should do is speak to a lawyer as soon as possible. It’s so important to secure any evidence quickly. There are legal tools your attorney can use to demand preservation and prevent anything from being erased or altered.

Although spoliation can end up helping your case, it’s still better to preserve the evidence than lose it. Spoliation can be difficult to prove, and solid, untouched records often make it easier to prove what happened and get a fair result without extra legal hurdles. Acting quickly gives you the best chance of keeping control over the facts.

Seeking Sanctions and Adverse Inference Instructions

When a lawyer seeks sanctions or an adverse inference instruction, they typically file a motion asking the judge to address the destroyed evidence before trial. This often leads to a separate hearing where both sides present arguments, and the judge weighs not just the fact of the loss, but the surrounding conduct, explanations, and timing. This can take several weeks or even months, depending on how much discovery is needed to support the claim.

If the motion is granted, the case moves forward under new terms shaped by that ruling.

Using Witnesses and Circumstantial Evidence Effectively

Using witness testimony and circumstantial evidence is part of nearly every truck accident case, whether spoliation occurs or not. These forms of proof help establish what happened when records are incomplete, unclear, or disputed. Statements from people at the scene, physical damage, and even weather conditions can all play a role.

If there is spoliation, these tools become even more important. Your legal team may lean harder on details that paint a clear picture without relying on the missing evidence. A witness who saw the driver swerving or a medical record that documents injury timing can fill in gaps that the lost data would have covered.

In some cases, circumstantial evidence becomes the strongest thread tying the facts together. For example, skid marks at the scene might show the truck was speeding or failed to brake in time. These are details that black box data could’ve confirmed if it hadn’t been lost. When used strategically, this kind of evidence can still tell a compelling story and support your version of events.

Writing a Spoliation Letter

A spoliation letter, often called a preservation letter, is a formal notice sent to the trucking company or other at-fault party after a crash. It tells them to preserve all relevant evidence related to the incident, putting them on clear legal notice.

The letter is typically sent early, often within days or weeks of the crash, before evidence can be altered or deleted. It lists specific types of evidence to preserve and explains that failure to do so could result in legal consequences. Its tone is firm but professional, making clear that litigation is either underway or reasonably anticipated. If the company ignores it and something goes missing later, courts are far more likely to view that loss as spoliation. That makes the letter a critical step in building your legal strategy.

Talk to a Truck Accident Lawyer Before Critical Evidence Disappears

If you’ve been in a crash, David W. Starnes Attorney At Law can help you take action before key records are lost.

A trusted truck accident lawyer from our team will move quickly to preserve the evidence your case depends on and guide you through every step. Call (409) 835-9900 to get started now.