After an 18-wheeler accident, the moments immediately following the crash can be overwhelming. You may be dealing with serious injuries, vehicle damage, insurance calls, and questions about what happened. But if you are physically able to do so, preserving evidence should be one of your priorities.
Evidence from the crash can help establish how the collision happened, whether the truck driver or trucking company may have been at fault, and the extent of your losses. Some evidence is easy to collect, such as photographs and medical records. Other information, including electronic logging device data, truck maintenance records, and company communications, may be held by the trucking company or other parties.
Understanding what evidence you should preserve after an 18-wheeler accident can help you take the right steps before important information is lost or becomes difficult to obtain.
Why Is Evidence Important After an 18-Wheeler Accident?
Commercial truck crashes can involve multiple potential causes and responsible parties. A truck driver may have been distracted, fatigued, speeding, or operating the vehicle improperly. A mechanical problem, improper maintenance, overloaded cargo, or inadequate training may also have contributed to the crash.
That is why 18 wheeler accident evidence can be critical when investigating a collision.
Evidence can help answer questions such as:
- How did the accident happen?
- Where were the vehicles positioned before impact?
- How fast was the truck traveling?
- Did the driver have enough time to stop?
- Was the driver complying with hours-of-service requirements?
- Was the truck properly maintained?
- Was the cargo properly loaded and secured?
- Was the driver distracted?
- Did a mechanical failure contribute to the crash?
- Did the trucking company follow applicable safety procedures?
This information can become particularly important when determining how to prove fault in a truck accident.
What to Do After an 18-Wheeler Accident
Knowing what to do after an 18 wheeler accident can help you protect both your health and potential claim.
If you are able to do so safely:
- Move to a safe location if necessary.
- Call 911 and request medical assistance.
- Report the accident to law enforcement.
- Seek medical attention, even if your injuries initially seem minor.
- Get the names and contact information of witnesses.
- Photograph the accident scene and vehicle damage.
- Exchange appropriate insurance and contact information.
- Keep copies of medical and accident-related records.
- Avoid making statements about fault or accepting a settlement before understanding your rights.
- Speak with a qualified truck accident lawyer if you have suffered significant injuries or losses.
Not every case will require every type of evidence. The evidence needed for truck accident claim preparation will depend on the circumstances of the crash, the injuries involved, and the potential causes of the collision.
Photos and Videos from the Accident Scene
One of the easiest types of truck accident evidence to preserve is photographic evidence. If you can safely take photographs, document as much of the scene as possible. Photos after a truck accident can help show conditions that may change shortly after the collision.
Consider taking truck accident photos of:
- Your vehicle from multiple angles
- The 18-wheeler and trailer
- Damage to both vehicles
- The position of the vehicles
- Skid marks
- Tire marks
- Road debris
- Traffic signs
- Traffic signals
- Lane markings
- Road conditions
- Nearby intersections
- Guardrails, barriers, or other damaged structures
- Cargo that may have fallen from the truck
Take both close-up and wider photographs. Close-up images can document specific damage, while wider photographs can provide context about the road and position of the vehicles.
If someone else can safely photograph the scene because you are injured, ask them to do so.
Photographs of Your Injuries
Your injuries may change over time. Bruising and swelling may become more visible after the accident, while surgical wounds or other injuries may take weeks or months to heal.
Photograph visible injuries throughout your recovery, including:
- Bruising
- Cuts and lacerations
- Swelling
- Burns
- Surgical wounds
- Scarring
- Casts and braces
Photographs are not a substitute for medical documentation, but they can provide additional evidence of the physical effects of the crash.
The Truck Accident Police Report
The truck accident police report is another important source of information.
The report may contain details about:
- The drivers involved
- Vehicles involved
- Witnesses
- Road conditions
- Weather conditions
- Statements made at the scene
- Citations issued
- The responding officer’s observations
- The location and circumstances of the crash
Keep a copy of the report with your other accident records once it becomes available.
A police report does not necessarily determine who is legally responsible for a collision. However, it can provide important information for a broader truck accident investigation.
Witness Statements and Contact Information
People who witnessed the crash may remember details that are not apparent from photographs or physical evidence.
Try to obtain contact information for witnesses who saw the accident, including:
- Other drivers
- Passengers
- Pedestrians
- Nearby residents
- Employees at nearby businesses
- Other people who were in the area
Truck accident witness statements may provide information about the truck’s speed, lane position, braking, driver behavior, traffic conditions, or what happened immediately before the collision.
Avoid coaching witnesses or asking them to speculate. Their value comes from their independent recollection of what they actually observed.
Dashcam Footage
Video can be some of the most useful truck accident evidence because it may capture the events leading up to the collision.
Potential sources include:
- Your vehicle’s dashcam
- Another driver’s dashcam
- Traffic cameras
- Highway cameras
- Business security cameras
- Parking lot cameras
- Residential security cameras
Dashcam footage truck accident evidence may show the truck’s movement, lane position, speed, braking, or driver behavior immediately before impact.
If you know a nearby business may have captured the accident, make a note of its location and the approximate time of the crash. Surveillance systems may automatically overwrite older footage, so potentially relevant video should be identified and preserved promptly.
Truck Accident Surveillance Video
In addition to dashcams, truck accident surveillance video may exist at nearby businesses, intersections, gas stations, warehouses, or other properties.
The footage may not clearly show the collision itself. It can still be useful if it captures the truck shortly before or after the crash.
For example, video may help establish:
- The direction the truck was traveling
- The truck’s position on the road
- Traffic conditions
- Whether the truck stopped
- The approximate timing of the collision
- What happened immediately afterward
An attorney can determine whether there are appropriate ways to request or preserve potentially relevant footage.
Truck Accident Medical Records and Bills
Your medical records are an important part of documenting your injuries. Keep copies of truck accident medical records, including:
- Emergency room records
- Hospital records
- Diagnostic imaging
- Physician evaluations
- Specialist records
- Surgical records
- Physical therapy records
- Rehabilitation records
- Prescription records
You should also preserve truck accident medical bills and receipts for accident-related expenses. Medical documentation can help establish the nature and severity of your injuries, the treatment you received, and the expenses associated with your recovery.
Electronic Logging Device Records
Commercial trucks may be equipped with electronic logging devices that record information about a driver’s hours of service. ELD records truck accident investigations can be relevant when fatigue or hours-of-service compliance is an issue.
An electronic logging device truck accident investigation may examine information relating to:
- Driving time
- On-duty time
- Off-duty periods
- Vehicle movement
- Driver identification
- Location information
- Changes or edits to records
If fatigue is suspected as a contributing factor, ELD information may help investigators compare the driver’s recorded activity with other evidence about the trip.
Because these records are generally maintained by the carrier, an injured person may not have direct access to them.
Truck Driver Logbook and Hours-of-Service Records
Before electronic logging devices became widespread, drivers commonly relied on paper logbooks to document their hours of service. Depending on the circumstances, historical or other driver records may still be relevant.
A truck driver logbook accident investigation may examine whether the driver’s recorded hours are consistent with other available evidence.
Investigators may compare driver logs with:
- Fuel receipts
- GPS information
- Dispatch records
- Delivery records
- Toll records
- ELD information
- Witness accounts
Inconsistencies between records can sometimes raise additional questions during a truck accident investigation.
Truck Accident Black Box Data
Many commercial trucks contain electronic systems that can store information about the vehicle’s operation. These systems are sometimes referred to as a truck’s “black box.”
Truck black box data accident evidence may provide information relevant to the circumstances immediately before or during a collision, depending on the truck’s equipment and the data available. Potential information may include:
- Vehicle speed
- Braking
- Engine activity
- Throttle position
- Safety-system activation
- Other vehicle operating information
The exact information available varies by vehicle and system. This evidence can therefore be an important part of reconstructing what happened, particularly when accounts of the crash differ.
If you believe electronic data may be important to your case, do not assume that it will automatically be preserved. A truck accident lawyer can evaluate what electronic evidence may exist and what preservation steps may be appropriate.
Truck Maintenance and Inspection Records
Mechanical problems can sometimes contribute to commercial truck crashes. Truck maintenance records accident investigations may examine whether the truck received appropriate maintenance and whether known defects were addressed.
Relevant information may include:
- Brake inspections
- Tire inspections
- Repair records
- Service records
- Defect reports
- Maintenance schedules
- Steering-system inspections
- Suspension repairs
- Lighting inspections
Commercial Truck Accident Records
A trucking company may maintain extensive records relating to its drivers, vehicles, and operations. These commercial truck accident records may include:
- Driver qualification records
- Training records
- Inspection records
- Maintenance records
- Dispatch information
- Delivery schedules
- Driver logs
- ELD information
- GPS data
- Communications
- Accident investigation records
- Cargo records
The relevance of each record depends on the facts of the case.
Trucking Company Accident Records
The trucking company may have records that an injured person cannot access independently. Trucking company accident records may include internal reports, communications, vehicle information, and records created following the crash.
These documents may help investigators understand:
- What the company knew about the accident
- How the company responded
- Whether the truck had reported mechanical issues
- What the driver had been instructed to do
- Where the truck was traveling
- What records existed before the crash
A lawyer can determine which records may be relevant and how they may be obtained.
Truck Driver Cell Phone Records
Driver distraction can be an important issue in some truck crashes. Truck driver cell phone records accident investigations may examine whether the driver was using a phone around the time of the collision, where legally obtainable and relevant.
Depending on the circumstances, potentially relevant information could include:
- Calls
- Text messages
- Data activity
- Other electronic communications
You should not attempt to access another person’s phone or private accounts yourself. Potentially relevant information should instead be identified through appropriate legal channels.
Trucking Company Insurance Information
Obtain and preserve information about the insurance coverage involved in the accident. Trucking company insurance information may help identify the insurer handling the claim and the parties involved in the insurance process.
Keep copies of:
- Insurance correspondence
- Claim numbers
- Adjuster contact information
- Letters
- Emails
- Settlement offers
- Other claim-related communications
Do not assume that an early settlement offer reflects the full value of your losses. The extent of your injuries and future expenses may not be clear immediately after a serious crash.
Cargo and Shipping Records
Cargo can be another important source of evidence in a commercial truck collision.
Preserve any documents you receive relating to:
- Bills of lading
- Cargo descriptions
- Loading records
- Delivery information
- Weight records
- Shipping documents
- Pickup and delivery times
These records can become relevant if questions arise about cargo weight, loading, securement, or the truck’s schedule.
Your Damaged Vehicle
Your vehicle can contain valuable physical evidence.
Avoid repairing, selling, or disposing of a severely damaged vehicle before it has been appropriately documented and inspected when doing so is reasonably possible.
Damage to the vehicle may help investigators evaluate:
- The point of impact
- Direction of impact
- Collision forces
- Vehicle movement
- Crash dynamics
This information can contribute to truck accident reconstruction evidence, particularly when combined with photographs, vehicle data, physical evidence, and witness accounts.
Truck Accident Reconstruction Evidence
A serious commercial truck crash may require more than photographs and witness accounts to understand exactly what happened. Truck accident reconstruction evidence can include:
- Vehicle damage
- Skid marks
- Tire marks
- Debris patterns
- Vehicle positions
- ELD data
- Black box data
- GPS information
- Surveillance footage
- Dashcam footage
- Witness statements
- Road conditions
- Traffic signals
- Photographs
A qualified accident reconstruction professional may use these sources to analyze the sequence of events and determine how the collision occurred.
Preserve Evidence Before It Disappears
Some evidence is easier to preserve than other evidence.
Your photographs, medical records, bills, and correspondence can generally be kept by you. Other information may be controlled by a trucking company, driver, insurer, government agency, or third party.
This is where evidence preservation can become important. Relevant electronic and business records may be subject to routine retention or deletion practices. Surveillance footage may be overwritten. Electronic records may change as systems are updated or data is replaced.
For that reason, identifying potentially relevant evidence early can be important in a serious truck accident case.
What Is Spoliation of Evidence in a Truck Accident Case?
Spoliation of evidence truck accident cases generally refers to the improper destruction, alteration, or loss of potentially relevant evidence when there is a duty to preserve it.
For example, evidence could become an issue if relevant records are destroyed after a party knows, or should know, that the information may be important to a legal dispute.
The specific rules surrounding preservation and spoliation vary by jurisdiction and circumstances. An attorney can determine whether a preservation notice or other legal action is appropriate.
Should You Send a Preservation Letter?
In a serious accident, an attorney may send a preservation letter to the trucking company, driver, insurer, or another party that may possess relevant evidence.
The purpose is to identify potentially relevant information and put the recipient on notice that it should be preserved.
Depending on the case, a preservation request may address:
- ELD records
- Driver logs
- Black box data
- GPS information
- Driver communications
- Cell phone records
- Maintenance records
- Inspection records
- Dispatch records
- Training records
- Video footage
- Cargo records
- Internal accident reports
A preservation letter does not automatically guarantee that every piece of evidence will be produced. It is one step that may be used to protect potentially important evidence.
How Can Evidence Help Prove Fault?
One of the most important questions after a serious collision is how to prove fault in a truck accident. There is rarely one piece of evidence that answers every question. Instead, investigators may compare different sources to determine whether they tell a consistent story.
For example, an investigation might compare:
ELD records + GPS data + black box data + witness statements + vehicle damage
Together, these sources may provide more information than any one record could provide by itself.
Evidence may also help identify whether responsibility potentially involves:
- The truck driver
- The trucking company
- A vehicle owner
- A maintenance provider
- A cargo-loading company
- Another third party
Determining responsibility requires an evaluation of the specific facts and applicable law.
What Evidence Do You Need for a Truck Accident Claim?
The evidence needed for truck accident claim purposes will depend on the circumstances. Generally, evidence should address two major questions:
What caused the accident?
This may involve:
- Police reports
- Witness statements
- Photographs
- Video
- ELD records
- Black box data
- Maintenance records
- Inspection records
- Driver records
- Accident reconstruction evidence
How did the accident affect you?
This may involve:
- Medical records
- Medical bills
- Lost income documentation
- Rehabilitation records
- Photographs of injuries
- Documentation of ongoing limitations
- Other accident-related expenses
A strong truck accident claim is not simply about showing that a collision occurred. It may require evidence connecting the collision to the injuries and losses being claimed.
What Happens If the Case Becomes a Truck Accident Lawsuit?
If negotiations do not resolve the matter, an injured person may eventually pursue a truck accident lawsuit.
At that stage, evidence can become even more important. Parties may seek documents, electronic records, witness testimony, expert opinions, and other information through the legal process.
The evidence gathered during the initial investigation can help shape the case and identify additional information that needs to be obtained.
How Evidence Can Affect a Truck Accident Settlement
Evidence can also play an important role in negotiations. A truck accident settlement may depend on factors such as:
- The severity of the injuries
- Medical treatment
- Future medical needs
- Lost income
- Property damage
- Evidence of liability
- Available insurance coverage
- The potential strength of the legal claim
An insurance company may evaluate the available evidence when deciding how to handle a truck accident claim.
That is one reason it can be risky to discard records, overlook potentially important evidence, or accept an early settlement before the full impact of the accident is understood.
When Should You Contact a Truck Accident Lawyer?
Consider speaking with a truck accident lawyer as soon as reasonably possible if you suffered significant injuries or substantial property damage in an 18-wheeler crash.
A lawyer can help identify evidence that may need to be preserved and determine whether other parties may possess important records. Early legal guidance can be particularly important when the trucking company or another party controls evidence that you cannot obtain yourself.
Protect the Evidence That May Matter to Your Case
Evidence after a truck accident can come from many different sources. Some of it is in your possession, while other information may be controlled by the driver, trucking company, insurer, or another third party.
Photographs, medical records, witness information, police reports, video footage, ELD records, black box data, maintenance documents, inspection records, and other records may all help establish what happened and how the collision affected you.
If you have been seriously injured in an 18-wheeler crash, consider speaking with an experienced 18 wheeler accident lawyer before important evidence is lost or overlooked. The right evidence can help build a clearer picture of the accident and support your legal claim.
