In almost every truck case we handle at the Dallas office of LAWBOSS – Harris, Nelsen & Uvalle, PLLC, the first thing we send is not a lawsuit. It is a letter. This article explains what a preservation letter is and why it comes first. It is general information, not legal advice for your case.
What it is
A preservation letter is a written notice to a company that a claim is coming and that it must keep the evidence related to it. In a truck case it goes to the motor carrier, and often to the owner of the trailer, the shipper, a broker or a repair shop. It lists the records and things to be kept, by name.
Why it matters in a truck case
A trucking company is required by federal rules to keep many records, but not forever. Records of duty status and supporting documents must be kept at least 6 months (49 CFR 395.8(k)), and after that the company may discard them unless it has been told to keep them. Camera footage and truck data can be overwritten sooner. The truck may go back on the road or to salvage.
The letter closes that gap. Once a company knows a claim is coming, destroying the evidence becomes a problem for the company, not only for you.
What the letter asks the carrier to keep
- Electronic logging device data and records of duty status (49 CFR 395.8).
- Supporting documents: fuel and toll receipts, bills of lading, dispatch records, delivery times.
- The driver qualification file (49 CFR 391.51) and the pre-employment drug test (382.301).
- Post-crash drug and alcohol test results.
- Inspection, repair and maintenance records for the tractor and trailer (396.3).
- Engine and brake data, and forward and cab camera video.
- Phone and messaging records for the driver during the trip (392.80, 392.82).
- Loading and cargo securement records (393.100).
- The tractor, the trailer and any part that may have failed.
Who sends it, and when
Your lawyer sends it, as early as possible, usually in the first days after being hired. It goes by a method that proves delivery. A second letter may follow as new parties are found.
What it does not do
A preservation letter is not a lawsuit, and it does not stop the two-year clock to file suit (CPRC 16.003). It does not make the company hand anything over; that comes later, through the claim or the case. What it does is make sure the records are still there when they are asked for.
Why we know what to ask for
Five LAWBOSS attorneys came to the firm from the insurance side. They know which records a carrier’s insurer reviews first, and which ones are easy to lose. That is the list our letter is built from.
Under Texas trial rules for commercial vehicle cases, evidence that a safety rule was broken comes into the first phase of trial only if it tends to show the breach caused the injury (CPRC 72.053). So the letter asks not only for the rule records, but for everything that shows what happened in the minutes before the crash.
If you were hurt by a truck in Dallas
Call early. Our line is answered 24 hours a day and the consultation is free. For the full list of federal rules, read our trucking accident lawyer Dallas page. No Fees or Costs Unless We Win. The firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you.
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