Spoliation in Texas: Why Preserving Evidence Wins Cases

Spoliation is the loss, destruction, or alteration of evidence that a party had a duty to preserve. In trucking, premises, and product cases, the most important evidence — electronic logs, maintenance records, surveillance video — is often controlled by the defendant.

What Spoliation Means

Texas courts can impose remedies for spoliation, including jury instructions that the lost evidence would have been unfavorable to the party that destroyed it, when the duty to preserve was breached with the requisite intent.

Litigation Hold Letters

An attorney can send a litigation-hold or preservation letter early, putting a trucking company, store, or manufacturer on formal notice to preserve specific evidence. This both protects the proof and lays the groundwork for spoliation remedies if it disappears.

Because much evidence is overwritten on a schedule — some truck data within days — speed is everything.

Act Before the Evidence Is Gone

The single best way to prevent spoliation is to involve a lawyer immediately. A free review can trigger preservation steps right away.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.