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Glossary

Spoliation of evidence

Destroying, losing or altering evidence that should have been kept for a likely claim. Courts can penalize it, for example by telling the jury it may assume the evidence was unfavorable.

Last reviewed By the Editorial team 2 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

Spoliation is destroying, losing or altering evidence that should have been kept because a claim or lawsuit was likely. Courts can penalize the side responsible, for example by telling the jury it may assume the missing evidence would have hurt that side.

In a car accident claim#

Crash evidence disappears quickly. Damaged cars are repaired or sold for salvage, store and traffic camera footage is recorded over, and phone and vehicle data can be overwritten. In truck cases, federal rules require carriers to keep drivers' hours-of-service records for only 6 months.

That is why a Preservation letter. A letter asking a person or company to keep specific evidence, such as driving logs, video or vehicle data, because a claim is likely. Glossary is often sent early, asking the other side to keep specific items. Once a party knows a claim is likely, destroying relevant evidence can be treated as spoliation.

Courts decide the penalty. Under the federal rule for lost electronic information, a court that finds harm to the other side can order measures to cure it, and if a party acted with intent to deprive the other side of the information, the court may presume it was unfavorable, tell the jury it may or must do so, or even dismiss the case or enter a default judgment. State courts have their own rules. The guide to truck accidents explains which records matter most in those cases.

Example#

Questions people ask

Does spoliation apply to the injured person too?

Yes. The duty to keep evidence applies to both sides. An injured person who throws away damaged clothing or has the car crushed before the other side can inspect it may face the same kinds of penalties.

Is spoliation the same as a preservation letter?

No. A preservation letter is the request to keep evidence. Spoliation is what happens when evidence that should have been kept is destroyed, lost or changed anyway, and the letter can help show the other side knew it had to keep it.

Sources

  1. Cornell LII, Federal Rules of Civil Procedure, Rule 37 — Rule 37(e), failure to preserve electronically stored information
  2. eCFR, 49 CFR 395.8 (Driver's record of duty status) — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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