After a serious truck accident, the evidence needed to understand what happened may be in the hands of the trucking company, truck driver, maintenance provider, or another party. This can include electronic data, inspection records, maintenance files, driver logs, photographs, video, and other information that may not remain available indefinitely.
A truck accident preservation letter is a formal written notice asking a trucking company or another party to preserve potentially relevant evidence connected to a crash. The purpose is to reduce the risk that important information is deleted, overwritten, discarded, altered, or otherwise lost before it can be investigated.
This is particularly important in commercial truck cases because much of the evidence is controlled by parties other than the injured person.
A preservation letter may address evidence such as:
- Electronic logging device (ELD) data
- Driver logs
- Truck inspection records
- Maintenance and repair records
- Vehicle electronic data
- Dashcam recordings
- Surveillance video
- Driver communications
- Cell phone records
- Dispatch records
- Cargo and loading information
- Accident reports
- Photographs
- Documents relating to prior mechanical problems
A prompt request for preservation can therefore become an important part of a truck accident investigation.
What Is a Preservation Letter?
This letter is essentially a formal notice identifying evidence that may be relevant to a potential legal claim and requesting that the recipient take reasonable steps to preserve it.
A preservation letter may be sent before a lawsuit is filed. It can identify the accident, explain the types of evidence that may be relevant, and request that the recipient preserve information in its existing form.
The letter may also ask the recipient not to:
- Delete electronic records
- Destroy documents
- Overwrite video
- Dispose of the truck or relevant parts
- Alter electronic data
- Discard maintenance records
- Modify driver records
- Destroy communications
- Conduct repairs that could alter physical evidence without first documenting the condition
A preservation request is different from a subpoena or discovery request. A preservation letter generally does not itself compel production of documents. Instead, it puts the recipient on notice that potentially relevant evidence should be preserved.
Is a Truck Accident Spoliation Letter Any Different?
The terms truck accident spoliation letter, spoliation letter truck accident, and preservation letter are sometimes used interchangeably, but they can describe slightly different concepts. This letter may be used to warn a party about the potential consequences of destroying or losing relevant evidence.
Spoliation of evidence generally refers to the destruction or loss of evidence that a party had a duty to preserve. In Texas, courts examine whether the party had a preservation duty and whether that duty was breached by failing to take reasonable steps to preserve relevant evidence.
A letter can therefore be an important part of documenting that a party was informed about potentially relevant evidence. However, simply sending a letter does not automatically establish that spoliation occurred. Whether a preservation duty existed, whether it was breached, and what remedy may be appropriate depend on the circumstances.
Why Does a Preservation Letter Matter After a Truck Accident?
Truck accident cases can involve evidence that disappears naturally over time.
For example, a truck’s onboard systems may continuously record new information. A dashcam may automatically overwrite older footage. Electronic records may be retained according to company policies or regulatory requirements. Physical evidence may be repaired, replaced, sold, or discarded. This makes truck accident evidence preservation particularly important.
Consider a situation where a truck crashes into a passenger vehicle. The injured person’s attorney later wants to determine whether the truck driver was fatigued, whether the vehicle had a maintenance problem, or whether the driver was distracted.
Potential evidence might include ELD data, maintenance records, inspection documents, cell phone records, and video. If relevant evidence is lost before it can be investigated, it may become more difficult to establish what happened. A preservation request is intended to address that risk.
What Evidence Should Be Preserved After a Truck Accident?
An evidence preservation letter after truck accident should be tailored to the circumstances of the collision rather than simply asking for “all evidence.” The relevant evidence may include several categories.
Truck Black Box Evidence
Many commercial trucks contain electronic systems capable of recording information about vehicle operation.
Truck black box evidence may include data relating to speed, braking, vehicle operation, and other information, depending on the truck’s systems and the data available.
Truck black box data accident evidence can sometimes help investigators reconstruct what occurred immediately before a crash.
The exact type and availability of electronic data varies by vehicle and system, so an investigation should identify what technology the truck used and what information may still exist.
ELD Records
Hours-of-service information can be particularly relevant when driver fatigue is an issue.
An electronic logging device investigation may involve records showing the driver’s duty status and driving history.
Federal Motor Carrier Safety Administration guidance states that motor carriers generally must retain ELD records of duty status and supporting documents for six months. FMCSA also states that a backup copy of ELD records must be maintained separately for six months. This is one reason timing matters when preserving ELD records as truck accident evidence.
Driver Logbooks
Although many commercial drivers now use electronic logging systems, records relating to a driver’s duty status can still be relevant.
A truck driver logbook accident investigation may examine whether the driver was operating within applicable hours-of-service requirements and whether the driver’s recorded activity is consistent with other evidence.
Truck Dashcam Footage
Some commercial vehicles use forward-facing or driver-facing cameras. Truck dashcam footage accident evidence can potentially show:
- Traffic conditions
- Vehicle speed
- Driver behavior
- Lane position
- Events immediately before impact
- The driver’s response to a developing hazard
Because video systems may automatically overwrite older recordings, preservation requests can be especially important.
Surveillance Video
Other videos may exist outside the truck itself. Truck accident surveillance video may come from:
- Nearby businesses
- Traffic cameras
- Parking lots
- Gas stations
- Security systems
- Residential cameras
- Other vehicles
Not all footage will be retained for the same period. A preservation request may therefore need to identify known locations and approximate times.
Truck Maintenance and Inspection Records
Maintenance evidence can be critical when a crash involves an alleged mechanical defect.
Truck maintenance records accident evidence may show whether the vehicle had previously experienced problems involving brakes, tires, steering, lights, suspension, or other components.
Federal motor carrier rules require carriers to systematically inspect, repair, and maintain commercial motor vehicles under their control. FMCSA guidance also explains that required inspection, repair, and maintenance records generally must be retained for one year at the location where the vehicle is housed or maintained, with additional retention requirements after the vehicle leaves the carrier’s control.
Truck Inspection Records
Truck inspection records accident evidence may reveal whether safety problems were identified before the collision.
These records can potentially include:
- Driver inspection reports
- Periodic inspection records
- Repair documentation
- Defect reports
- Inspection dates
- Repair dates
- Parts replaced
- Maintenance schedules
Comparing inspection records with the physical condition of the truck after the crash can help investigators understand whether a mechanical problem existed before the collision.
Truck Driver Records
A broader truck driver records accident investigation may include records relating to the driver’s qualifications, training, inspections, hours of service, and other information relevant to the circumstances of the crash.
The precise records relevant to a case will depend on the allegations and applicable regulations.
Cell Phone Records
If distracted driving is suspected, truck driver cell phone records accident evidence may become relevant.
Depending on the circumstances, investigators may examine whether the driver was:
- Making a call
- Sending or reading messages
- Using a device
- Engaging with another electronic system
A preservation request may be appropriate where there is a factual basis to believe electronic communications or device records could be relevant.
What Should a Truck Accident Preservation Letter Request?
A preservation letter truck accident request should generally identify the categories of evidence that could reasonably relate to the crash.
Depending on the case, the letter may request preservation of:
Physical Evidence
- The tractor
- Trailer
- Tires
- Brake components
- Steering components
- Damaged vehicle parts
- Cargo
- Loading equipment
- Other relevant physical evidence
Electronic Evidence
- ELD data
- Event data
- Electronic control module information
- GPS records
- Telematics
- Dashcam recordings
- Driver-facing camera footage
- Electronic communications
- Dispatch records
- Digital inspection records
Documentary Evidence
- Maintenance records
- Repair invoices
- Inspection records
- Driver inspection reports
- Accident reports
- Driver logs
- Training records
- Cargo documentation
- Loading records
- Work orders
- Parts records
Communications
Depending on the circumstances, a request may identify communications between:
- The driver and trucking company
- Dispatch personnel
- Maintenance personnel
- Supervisors
- Managers
- Loading personnel
- Other parties involved in the shipment
The goal is not necessarily to preserve every record a company possesses. The request should focus on information that may reasonably relate to the collision and potential claims.
How to Preserve Truck Accident Evidence
If you are wondering how to preserve truck accident evidence, one of the first steps is to identify who may possess relevant information.
That could include:
- The trucking company
- The truck driver
- The vehicle owner
- A leasing company
- A maintenance provider
- A cargo-loading company
- A manufacturer
- An insurance company
- A property owner with surveillance footage
An attorney may then send appropriate preservation notices to the parties that control potentially relevant evidence.
The injured person should also preserve evidence in their own possession.
This may include:
- Accident photographs
- Medical records
- Medical bills
- Vehicle photographs
- Insurance correspondence
- Police reports
- Witness contact information
- Videos
- Messages concerning the crash
- Property-damage documentation
This forms an important part of a broader truck accident evidence checklist.
How Long Does a Trucking Company Keep Records?
One of the most common questions is how long does a trucking company keep records after a crash?
There is no single retention period for every type of record.
Different federal regulations impose different requirements, and a company’s own policies may provide for longer retention.
For example:
- ELD records: FMCSA says ELD records of duty status and supporting documents generally must be retained for six months.
- Maintenance records: FMCSA guidance states that required vehicle inspection, repair, and maintenance records generally must be retained for one year at the location where the vehicle is housed or maintained, with six months of additional retention after the vehicle leaves the carrier’s control.
- Accident register: Motor carriers generally must maintain an accident register for three years after a qualifying accident.
These regulatory periods do not necessarily tell you how long every piece of evidence will remain available.
That distinction is important.
A company may have a legal obligation to preserve certain records for a specified period, but a particular video, electronic file, physical component, or internal communication may have a different retention cycle.
How Long Are Truck Driver Logs Kept?
The answer depends on the type of record.
For ELD records of duty status and supporting documents, FMCSA states that motor carriers generally must retain the information for six months.
This means an injured person should not assume that a trucking company’s records will remain available indefinitely.
If litigation is reasonably anticipated, preservation may involve records beyond the minimum regulatory retention period.
What Is a Litigation Hold Letter?
A litigation hold letter is another term associated with evidence preservation.
A litigation hold generally directs an organization to preserve potentially relevant information because litigation is pending or reasonably anticipated.
A preservation letter sent by an injured person’s attorney can notify a trucking company or other party that a claim is being contemplated and that relevant evidence should be preserved.
The terminology can vary depending on who is sending the notice and the circumstances of the case.
What Is Spoliation of Evidence?
More accurately, a spoliation letter is generally a notice warning a party about the need to preserve potentially relevant evidence and the potential consequences of losing or destroying it.
Spoliation of evidence in personal injury cases can become significant when evidence that should have been preserved is later missing.
Texas courts have explained that a party’s duty to preserve evidence depends on whether it knew or reasonably should have known that there was a substantial chance a claim would be filed and that the evidence was material and relevant. A court considering spoliation also examines whether the preservation duty was breached and what remedy, if any, is appropriate.
Therefore, spoliation is not simply a matter of proving that a document or file is missing. The circumstances surrounding the loss matter.
What Happens If Evidence Is Destroyed After a Truck Accident?
Destruction of evidence truck accident cases can raise difficult questions.
Suppose a trucking company receives notice that an injured person may pursue a claim. The company then allows a relevant recording to be overwritten or disposes of physical evidence that may have been material to the claim.
The legal consequences depend on the circumstances, including whether there was a duty to preserve the evidence and whether that duty was breached.
Texas courts have recognized that when spoliation is established, the trial court determines the appropriate remedy by considering factors such as the party’s culpability and the prejudice caused by the loss of evidence.
A missing piece of evidence does not automatically prove that it would have helped the injured person. The court may consider what the evidence was, how relevant it was, why it was lost, and whether other evidence can establish the same facts.
What If Evidence Is Already Lost?
A lost evidence truck accident situation does not necessarily mean that a claim cannot be pursued.
Other sources may help reconstruct what happened.
For example, investigators may compare:
- Police reports
- Photographs
- Witness statements
- Medical records
- ELD data
- GPS information
- Maintenance records
- Inspection records
- Vehicle damage
- Accident reconstruction
- Surveillance footage
- Other vehicles’ dashcams
- Communications
- Physical evidence
The absence of one piece of evidence can make a case more difficult, but it does not necessarily eliminate all other evidence.
Why Timing Matters
A preservation request is most useful when it is made before relevant evidence disappears.
For example, if a trucking company’s system automatically overwrites video every few weeks, waiting several months could create an unnecessary evidence problem.
Similarly, if a truck is repaired, sold, dismantled, or returned to service, physical evidence may become more difficult to examine.
Electronic records can present another challenge. FMCSA’s six-month retention period for ELD records illustrates why certain information may have a relatively limited regulatory retention window. That is why early truck accident data preservation can be important.
Does a Preservation Letter Guarantee That Evidence Will Be Saved?
No.
A preservation letter is a request and notice; it is not itself a court order.
Its significance comes from clearly communicating what evidence may be relevant and documenting that the recipient was notified of the potential claim and the need to preserve information.
If a dispute later arises over missing evidence, the timing and content of communications concerning preservation may become relevant to the court’s analysis.
Should You Send a Preservation Letter Yourself?
A person can notify a trucking company that evidence should be preserved, but complex truck accident cases often involve numerous categories of evidence and multiple parties with control over that information.
A preservation request may need to identify:
- The correct trucking company
- The vehicle owner
- The driver
- The insurer
- Maintenance providers
- Other entities involved in the vehicle
- Relevant electronic systems
- Physical evidence
- Specific records and time periods
A truck accident lawyer can evaluate the circumstances and determine what evidence may need to be preserved.
A truck accident attorney may also coordinate preservation efforts with the broader investigation and potential litigation.
How a Lawyer Can Help Preserve Evidence After a Truck Accident
A truck accident investigation can involve evidence spread across several companies and systems.
An attorney may investigate:
- Who controlled the truck
- Who employed the driver
- Who maintained the vehicle
- Who owned or leased the equipment
- Who loaded the cargo
- Which electronic systems were installed
- What video may exist
- Which records could establish the driver’s activity
- Which maintenance records may show prior problems
- Which physical evidence needs to be preserved
For a tractor-trailer collision, an 18 wheeler accident lawyer or 18 wheeler accident attorney may also investigate the carrier’s records and the condition of the commercial vehicle.
For a Texas crash, someone searching for a truck accident lawyer Texas, Texas truck accident lawyer, or truck accident attorney Texas may want to discuss preservation of evidence as part of the initial case evaluation.
What Should You Do After a Truck Accident?
If you were injured in a truck crash, consider taking steps to preserve evidence as soon as reasonably possible.
Get Medical Attention
Your health should come first. Obtain appropriate medical care and follow your healthcare provider’s recommendations.
Report the Crash
Ensure that the appropriate authorities are notified and obtain a copy of the accident report when available.
Preserve Your Own Evidence
Keep photographs, videos, medical records, bills, insurance correspondence, and other documents related to the crash.
Identify Potential Evidence
Think about whether you saw cameras, dashcams, witnesses, or other sources that may have captured the collision.
Avoid Altering Physical Evidence
If possible, preserve relevant vehicle parts, photographs, damaged property, and other physical evidence in their existing condition.
Consider a Preservation Request
If the trucking company or another party possesses important evidence, a formal preservation request may help identify the information that should be retained.
Speak With a Truck Accident Attorney
An attorney can evaluate the circumstances and determine what preservation and investigation steps may be appropriate.
Truck Accident Evidence Checklist
Use this truck accident evidence checklist as a starting point:
- Police accident report
- Accident scene photographs
- Vehicle damage photographs
- Medical records
- Medical bills
- Witness information
- Surveillance video
- Truck dashcam footage
- ELD records
- Driver logs
- GPS/telematics data
- Truck black box data
- Maintenance records
- Inspection records
- Repair records
- Driver inspection reports
- Driver cell phone records where legally obtainable and relevant
- Dispatch records
- Cargo and loading records
- Relevant communications
- Physical truck components
- Insurance information
Not every case will require every category. The relevant evidence depends on the circumstances of the collision.
Conclusion
A truck accident preservation letter can be an important early step in protecting evidence after a serious commercial vehicle collision. Truck accident cases may depend on records and electronic information that are controlled by the trucking company or other parties and may not remain available indefinitely.
From truck black box evidence and ELD data to maintenance records, inspection reports, dashcam footage, and driver records, preserving the right information can help investigators reconstruct the events leading up to a crash.
If you were injured in a Texas truck accident, consider speaking with a truck accident lawyer promptly about the evidence that may need to be preserved and the legal options available to you.
