Crashes involving tractor-trailers and other commercial trucks are different from ordinary car accidents. The trucking company usually sends its own investigators and insurers to the scene quickly. The injured person needs to move just as fast to protect the evidence.
Key Evidence in Truck Cases
- Electronic logging device (ELD) data showing the driver’s hours of service
- Engine control module or “black box” data: speed, braking, throttle, and cruise control
- Dash camera and driver-facing camera video
- GPS and dispatch communications
- Driver qualification file: license, medical certification, training, and prior violations
- Inspection and maintenance records for the truck and trailer
- Cargo loading records and weigh station data
- Post-crash drug and alcohol testing results
Why Timing Matters
Federal rules allow trucking companies to discard some records after a limited period. For example, hours-of-service records generally need to be kept for only six months. Electronic data on the truck can be overwritten as the vehicle returns to service. Once evidence is gone, it may be impossible to prove a driver was over hours or a brake system was poorly maintained.
The Preservation Letter
One of the first steps an attorney takes in a truck case is sending a written demand that the company preserve all relevant evidence. Destroying evidence after receiving notice can lead to serious consequences for the company in court.
Hours-of-Service Violations
Federal rules limit how long commercial drivers can drive. Property-carrying drivers generally may drive up to 11 hours within a 14-hour window after 10 consecutive hours off duty. Fatigue is a well-known cause of serious truck crashes, and log data can show whether limits were exceeded.
If you were hurt in a truck crash, call The JVB Law Firm right away so we can act to preserve the evidence.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different; speak with a lawyer about your situation.