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Sample Evidence Preservation Letter Regarding Motorcycle Accident

Posted by: on Wed, Mar 13, 2013

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To Whom it May Concern:

This office has been retained to represent ___________ in connection with significant bodily injuries resulting from a vehicle accident which occurred on February __, 2013 at the intersection of ______ Avenue and ____ Street, in Las Vegas, Nevada.

The accident occurred when my client, while driving his motorcycle westbound on East Sahara Avenue after work between 4:30 pm and 5:00 pm, suddenly and abruptly collided with an automobile driven by your employee, Mr. ________, who drove directly in front of my client’s motorcycle while Mr. W was negligently performing a wide, sweeping U-turn at the intersection of B Street (i.e., Mr. W had been traveling eastbound, and was performing a U-turn at B Street, near your business location, to drive westbound on E. Sahara Ave.). Mr. W apparently transected all of the oncoming travel lanes, and not paying attention to oncoming traffic, drove directly into the path of my client’s oncoming motorcycle, causing my client to attempt to swerve to avoid him, but, unable to avoid the sudden intrusion into his travel lane, my client’s motorcycle collided with Mr. W’s car, throwing my client into the air immediately, causing him to land on the pavement some distance from the point of impact and sustain severe personal injuries. His motorcycle was totaled.

Mr. W was cited by the Las Vegas Metropolitan Police Department at the scene. A full police report of the accident is expected to be available in seven (7) business days.

My client was rushed by ambulance to the trauma center at the University Medical Center, where he remains today, undergoing treatment for his injuries, which his doctors report currently include a concussion (he has no memory of the accident), several fractures in his arm, wrist and hand (which we are advised will be operated on surgically in the near future), as well as a cracked pelvis, bruised lung, and sprained ankle. He has not yet attempted to walk, but complains that there is great pain in his pelvis when any weight is put on it. The full extent of injuries to his arm, wrist and hand are not known at this time.

We suggest that you notify your primary and excess insurance carriers at this time, if you have not already done so. We note from the initial information provided to my client by the Las Vegas Metropolitan Police Department that the dealer vehicle operated by Mr. W was insured by a policy issued by A___, policy no. ______.

This letter is written to formally notify and inform you of the pendency of a claim and the likelihood of litigation being filed with respect thereto, and to further notify you that you and your company have certain legal obligations so as to prevent you, by inappropriate action or inaction, from prejudicing the injured party’s rights, while this matter is being investigated. If you have retained counsel to represent you in this matter (and we strongly advise you that you should do so), please have that attorney contact me so that all future communications can be directed to him or her.

You are hereby advised that you are under a legal duty to retain, protect, and preserve all evidence pertaining to this incident and claim. Any failure on your part to properly preserve evidence, or any action on your part to destroy any available evidence with respect to this matter, will lead to potential adverse consequences to you and your company, including, without limitation, giving rise to a legal presumption that the evidence would have been harmful to your side of the case. The destruction, alteration, or loss of any of the relevant evidence, may constitute spoliation under applicable law. If you fail to preserve and maintain this evidence, we will seek sanctions available under law.

Please allow this correspondence to serve as our request for a copy of your company’s incident report, witness statements, photographs, and all vehicle maintenance documentation and inspection logs for the Honda automobile involved in this accident. Also, please consider this letter our request that you preserve any and all evidence related to this matter, including employment records of Mr. W and any other employee who might have been a passenger in the Honda automobile operated by him, and written statements of witnesses and/or employees. Most importantly, please preserve all photographic, video and/or audio records of the incident.

Further, it is our intention to inspect the Honda automobile operated by Mr. W at the time of the accident. Therefore, that vehicle must be preserved in its current condition until that time. We will make arrangements for this inspection, which we assume will take place at the dealership location, at which time, you may have a representative of your company present. The vehicle should not be repaired or otherwise altered until this inspection can take place.

You should know that my client is a __-year old, healthy, athletic active-duty member of the U.S. Army Reserves. He works in search and rescue, on a team which is trained to deal with chemical, biological, radioactive and nuclear incidents. His lifelong dream is and has been to pursue the adventure of this very active lifestyle, in service to his nation. Full mobility in his legs, as well as the complete use of his hands, arms and wrists, are essential to these activities.

When we complete our full investigation and our client’s medical condition and potential future prognosis is better known and stabilized, we will complete our preliminary assessment of the case. At that time, we may send you or the appropriate representative from your insurance company a settlement proposal in an effort to resolve this claim in a manner that is fair to all parties and saves all parties time and legal expenses. If we are unable to resolve the case at that time, appropriate legal proceedings will be initiated.

In the meantime, please direct all communications to this office. Please do not hesitate to contact me for further information.

Very truly yours,

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.