What Is a Preservation or Spoliation Letter After a Santa Monica, CA Bus Accident?

By Payam Soliemanzadeh, Founder and President

Key takeaways

• Bus video and electronic data are routinely erased within 30 to 90 days if not preserved immediately.
• Government claims against Metro or Big Blue Bus must be filed within six months under Gov. Code §911.2.
• Severe injuries from crashes on the Santa Monica Freeway or Lincoln Boulevard are treated at Ronald Reagan UCLA Medical Center.
• Cases are heard at Santa Monica Courthouse, 1725 Main Street, Santa Monica, CA 90401.

Bus crashes in Santa Monica often occur at high-traffic intersections along Lincoln Boulevard, Wilshire Boulevard, and Ocean Avenue, and on congested sections of Interstate 10 and State Route 1. The sheer size and weight of buses make collisions devastating, particularly for pedestrians, cyclists, and vehicle occupants. Evidence is critical to proving liability, yet it vanishes faster than most victims realize.

A preservation or spoliation letter protects your right to recover by locking down evidence before it is erased, discarded, or altered. Transit agencies and private carriers follow retention policies that can destroy key proof within weeks. Acting quickly is essential, especially when facing the six-month government claim deadline under Gov. Code §911.2 for public entities like Metro or Santa Monica's Big Blue Bus.

What evidence must be preserved after a bus accident

Buses carry multiple onboard cameras that record the interior cabin, exterior views, and the driver's actions. These video files are stored on hard drives or cloud systems that overwrite themselves on fixed schedules, often every 30 to 90 days. If you do not send a preservation letter immediately, footage of the crash may be permanently lost. Driver-facing cameras can show distraction, fatigue, or failure to yield before a collision on Pacific Coast Highway or Wilshire Boulevard.

Electronic control modules, GPS tracking data, and telematics systems record speed, braking, acceleration, and route adherence in real time. Maintenance logs, inspection reports, brake system records, and driver qualification files are equally vital. Private carriers and government agencies alike discard or archive these documents on routine schedules. A preservation letter compels the recipient to segregate and retain all physical and digital evidence, creating a legal duty that carries consequences if ignored.

Why spoliation matters and what happens if evidence is destroyed

Spoliation is the intentional or negligent destruction of evidence after a legal claim is anticipated. If a bus company or transit agency deletes video, discards maintenance logs, or erases telematics data after receiving your preservation letter, the court may impose serious sanctions. These can include an adverse inference instruction, which tells the jury to assume the missing evidence would have supported your claim, or outright dismissal of the defendant's defenses.

Even without willful destruction, negligent failure to preserve evidence weakens the defense and strengthens your position at the Santa Monica Courthouse. Judges in Los Angeles County take spoliation seriously, particularly when the defendant had clear notice and a legal duty to preserve. The preservation letter creates that duty. Without it, the defendant may argue they had no obligation to retain routine business records beyond normal schedules, leaving you with no recourse and no proof.

How to send a preservation letter and when to act

You or your attorney must identify every potential defendant immediately after the crash: the bus operator, the transit agency, the driver's employer, third-party maintenance contractors, and any manufacturer if a defect contributed. Each recipient must receive a separate letter by certified mail or personal service, clearly listing the date, location, and nature of the collision. The letter must itemize every category of evidence to be preserved, from video and GPS data to personnel files and drug-test results.

Speed is non-negotiable. Bus companies begin erasing footage as soon as retention periods expire, often within weeks of a crash on Interstate 10 or Lincoln Boulevard. Government entities like Metro and Big Blue Bus also face the six-month claim deadline under Gov. Code §911.2, meaning you must file a formal claim with the agency before you can sue under Gov. Code §945.4. The preservation letter should be sent within days of the collision, not months. Delay can result in permanent loss of evidence and a weakened bus accident claim in Santa Monica.

Local details

Bus accident cases arising in Santa Monica are filed at the Santa Monica Courthouse, located at 1725 Main Street, Santa Monica, CA 90401, which serves the West District of Los Angeles County Superior Court. If your injuries are severe—such as traumatic brain injury, spinal damage, or multiple fractures—you will likely be transported to Ronald Reagan UCLA Medical Center at 757 Westwood Plaza, Los Angeles, CA 90095, a Level I trauma center equipped to handle life-threatening injuries. Crashes frequently occur on Interstate 10 (the Santa Monica Freeway), State Route 1 (Pacific Coast Highway), and major surface corridors including Lincoln Boulevard, Wilshire Boulevard, and Ocean Avenue, where buses share lanes with cars, bicycles, and pedestrians. Evidence from accidents on these routes is often captured by municipal traffic cameras, bus-mounted video, and witness cell phone footage. Personal injury claims are governed by the two-year statute of limitations under CCP §335.1, but claims against government entities require a six-month claim under Gov. Code §911.2, making immediate evidence preservation even more urgent for bus accident claims.

Frequently Asked Questions

How long does a bus company keep video footage after a crash?

Most bus operators retain video footage for only 30 to 90 days unless they receive a preservation or spoliation letter. After that window, the system automatically overwrites older files to make room for new recordings. If you wait too long, the footage of your collision on Wilshire Boulevard or the Santa Monica Freeway may be permanently erased, leaving no visual proof of fault.

Can I send a preservation letter myself, or do I need a lawyer?

You may send a preservation letter on your own, but an attorney can ensure it is comprehensive, properly served, and enforceable. The letter must identify all relevant evidence categories, name every potential defendant, and establish a clear legal duty. Missing a defendant or omitting a category can leave critical proof unprotected. Given the six-month government claim deadline under Gov. Code §911.2, early legal guidance is strongly advised.

What if the bus company ignores my preservation letter?

If the recipient ignores your letter and destroys evidence, you may file a motion for sanctions in Los Angeles County Superior Court. The judge can issue an adverse inference instruction, exclude the defendant's evidence, or even strike pleadings. Documented spoliation significantly strengthens your case and can lead to favorable settlement offers, as defendants fear jury instructions that presume the missing evidence would have proven liability.

Does the six-month government claim deadline apply to private bus companies?

No. The six-month deadline under Gov. Code §911.2 applies only to public entities such as Metro, Big Blue Bus, and other government-operated transit agencies. Private bus and charter companies are subject to the standard two-year personal injury statute of limitations under CCP §335.1. However, evidence preservation is equally urgent for both, as video and electronic data are routinely erased on the same short schedules regardless of ownership.

Related reading

• Bus Accident Practice Page
• Santa Monica Bus Accident Page
• Who Is Liable for a Metro Bus Accident in Los Angeles?
• The Importance Of Seeking Medical Attention After A Bus Accident In Los Angeles
• Tips For Avoiding Bus Accidents

Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.