In truck accident cases, critical evidence can disappear within days—sometimes hours—after a crash. Trucking companies know this, and their legal teams often move quickly to control the narrative by allowing key evidence to be lost, overwritten, or destroyed.
At Phillips Law Offices, we act immediately to preserve evidence that proves liability. Understanding what evidence exists and how quickly it can disappear is essential for protecting your legal rights.
Why Evidence Preservation Is Critical in Truck Cases
Truck accident cases differ fundamentally from car accident cases when it comes to evidence. Commercial trucks generate massive amounts of data and documentation that can prove negligence—but much of this evidence has limited retention periods:
- Electronic logging device (ELD) data may be overwritten after 6 months
- Black box data can be erased or overwritten
- GPS and telematics data has limited storage capacity
- Dispatch communications may be routinely deleted
- Driver qualification files may be altered or “lost”
- Maintenance records can conveniently disappear
Without immediate legal intervention, the very evidence that could prove your case may no longer exist when you need it.
Critical Evidence in Truck Accident Cases
Truck accident investigations should target multiple evidence sources:
Electronic Logging Device (ELD) Data
ELDs automatically record driving time, duty status changes, and location data. This evidence can prove Hours of Service violations—a key liability factor in fatigue-related crashes. Federal regulations require carriers to retain ELD records for at least six months, but data can be corrupted or “lost” without proper preservation demands.
Event Data Recorder (Black Box)
Most commercial trucks have event data recorders that capture:
- Speed at the time of crash and seconds before
- Brake application timing and force
- Throttle position
- Steering inputs
- Seatbelt status
- Engine RPM and gear selection
- ABS and stability control activation
This data can be overwritten by subsequent use of the truck. If the truck is repaired and returned to service, the crash data may be lost forever.
GPS and Telematics Data
Many trucking companies use fleet management systems that track real-time vehicle location, speed, and routing. This data can prove the truck was speeding, took an unsafe route, or that the driver deviated from assigned paths.
Driver Qualification Files
Under 49 CFR Part 391, carriers must maintain comprehensive files documenting driver qualifications, including:
- Employment applications and history
- Previous employer inquiries
- Motor vehicle records
- Medical certifications
- Road test results
- Drug and alcohol testing records
These files can prove negligent hiring when carriers failed to properly screen dangerous drivers.
Maintenance and Inspection Records
Federal regulations require detailed maintenance records. Missing or falsified records can prove negligent maintenance. Pre-trip and post-trip inspection reports may show known defects the carrier failed to address.
Dispatch and Communication Records
Text messages, emails, and dispatch communications between drivers and their companies can prove:
- Pressure to meet unrealistic delivery schedules
- Instructions to violate Hours of Service rules
- Knowledge of safety issues before the crash
- Attempts to coordinate stories after the accident
Cargo and Loading Documentation
Bills of lading, weight tickets, and loading records can prove overweight or improperly loaded cargo contributed to the crash.
The Spoliation Letter: Your First Defense
A spoliation letter (also called an evidence preservation letter) is a formal legal notice demanding that the trucking company preserve all evidence related to the crash. This letter:
- Identifies specific evidence that must be preserved
- Creates a legal obligation to retain records
- Establishes consequences for evidence destruction
- Puts the carrier on notice that litigation is anticipated
If evidence is destroyed after a spoliation letter is sent, courts may impose severe sanctions, including:
- Adverse inference instructions – Telling the jury to assume the destroyed evidence would have been unfavorable to the trucking company
- Exclusion of certain defenses – Preventing the carrier from making arguments the destroyed evidence might have supported
- Monetary sanctions – Fines and payment of the victim’s attorney fees
- Default judgment – In extreme cases, automatic liability findings
What a Spoliation Letter Should Demand
An effective spoliation letter in a truck accident case should demand preservation of:
- The truck and trailer involved in the crash (not to be repaired or destroyed)
- All electronic data from ELDs, ECMs, and telematics systems
- The complete driver qualification file
- All Hours of Service records for the 30 days preceding the crash
- Maintenance records for the 12 months preceding the crash
- Pre-trip and post-trip inspection reports
- Dispatch records and driver communications
- Cargo documentation and weight records
- Company safety policies and training materials
- Drug and alcohol testing records
- Dashcam or in-cab camera footage
- Any photographs or video of the crash scene
- Insurance policies and coverage information
Time Is Your Enemy
Evidence disappears quickly after truck accidents:
- Within hours – The truck may be towed and returned to service; black box data can be overwritten
- Within days – Routine data purges may delete dispatch communications and GPS data
- Within weeks – Driver memories fade; witnesses become hard to locate
- Within months – ELD data may be deleted after the 6-month federal retention period
The trucking company’s insurance adjuster and legal team typically arrive at the crash scene within hours. Their investigators are photographing evidence, interviewing witnesses, and building a defense—while you’re still receiving medical treatment.
Steps to Protect Evidence Yourself
While waiting for legal representation, take these steps if you’re able:
- Photograph everything – The truck, trailer, cargo, damage, skid marks, road conditions, traffic signs
- Get truck identification – Note the truck’s DOT number, company name, and license plates
- Collect witness information – Names and phone numbers of anyone who saw the crash
- Don’t give recorded statements – The trucking company’s insurer will try to lock you into statements before you understand your injuries
- Preserve your own records – Keep all medical records, receipts, and documentation of your injuries and expenses
Independent Accident Investigation
At Phillips Law Offices, we often dispatch our own investigators to crash scenes to:
- Document physical evidence before it’s cleared
- Interview witnesses while memories are fresh
- Photograph the truck before it’s repaired or destroyed
- Identify surveillance cameras that may have captured the crash
- Preserve perishable evidence like skid marks and debris patterns
This independent investigation ensures we have evidence the trucking company can’t control or suppress.
Contact Phillips Law Offices Immediately After a Truck Accident
Every hour that passes after a truck accident is an hour that critical evidence may be lost. At Phillips Law Offices, we understand the urgency of evidence preservation and act immediately to protect your rights.
Contact us now for a free consultation. We’ll send a spoliation letter, dispatch investigators, and take every step necessary to preserve the evidence that proves your case. Don’t let the trucking company’s head start cost you the compensation you deserve.
