Written by Maurice Davis
Truck accidents often leave victims with severe injuries, financial burdens, and uncertainty about what to do next. If you’ve been in a collision with a commercial truck or an over-the-road motor carrier, preserving evidence is one of the most critical steps in protecting your right to compensation. Unfortunately, trucking companies and their insurers often act fast to minimize their liability, sometimes even tampering with or destroying crucial evidence.
At Davis Injury Lawyers, PLLC, we know how to secure and protect key evidence that can make or break your case. Below, we discuss why evidence preservation is crucial, what evidence must be protected, and how an experienced Detroit truck accident lawyer can help you build a strong claim.
How Can We Help Preserve Truck Accident Evidence?
At Davis Injury Lawyers, PLLC, we understand the urgency of preserving evidence before it disappears. Here’s how we protect your case:
1. Sending a Spoliation Letter
A spoliation letter is a formal legal notice sent to the trucking company demanding that all relevant evidence be preserved. This includes black box data, maintenance records, and driver logs. If the company fails to comply, it may face legal penalties or have negative inferences drawn against it in court.
2. Filing for an Injunction
If a trucking company refuses to comply with evidence preservation requests, we can file a court order to prevent them from destroying or tampering with crucial information.
3. Conducting a Rapid Investigation
We work with accident reconstruction experts, engineers, and forensic specialists to analyze black box data, inspect the truck, and gather critical evidence before it is lost.
4. Requesting Electronic & Cell Phone Records
If distracted driving was a factor, we can obtain cell phone records to see if the driver was texting or using their phone at the time of the crash.
5. Interviewing Witnesses & Securing Testimony
We contact witnesses, record their statements, and, if necessary, obtain expert testimony from accident reconstruction professionals to strengthen your claim.
6. Reviewing Trucking Company Policies & Compliance Records
Trucking companies must comply with strict federal regulations. We investigate whether the company followed safety protocols, properly trained its drivers, and maintained its fleet. If violations are found, they can significantly impact liability in your case.
What Kind of Evidence Can Help My Case?
After a truck accident, certain types of evidence must be collected and protected as soon as possible to prevent their destruction or alteration. Depending on your case, there can be different kinds of evidence available, such as:
Black Box & Electronic Logging Device (ELD) Data
Most commercial trucks have event data recorders (EDRs), often called “black boxes,” that record critical driving information such as speed, braking, and steering input in the moments before a crash. Additionally, trucks use electronic logging devices (ELDs) to track driving hours and ensure compliance with federal regulations. Trucking companies are only required to keep this data for a limited time, and it may be erased if not properly preserved.
The Driver’s Logbooks & Hours of Service Records
Truck drivers must follow federal hours-of-service regulations to prevent fatigue-related accidents. A driver’s logbook and ELD data can reveal whether they exceeded their legal driving limits. However, companies sometimes falsify these logs to cover up violations.
Truck Inspection & Maintenance Records
Trucking companies are responsible for maintaining their fleet and performing routine inspections. If mechanical failure contributed to the crash, maintenance records can show whether the truck was properly serviced or if the company neglected safety checks.
Cargo Load Documentation
Improperly loaded cargo can cause a truck to become unbalanced or jackknife. Bills of lading, weight tickets, and loading records can help determine if shifting or overweight cargo played a role in the accident.
Dashcam & Surveillance Footage
Many commercial trucks have dashcams that capture valuable footage before and during an accident. Additionally, nearby businesses or traffic cameras may have recorded the crash. However, video footage is often deleted or overwritten within days, making swift action crucial.
Witness Statements
Eyewitnesses can provide unbiased accounts of what happened. Witness statements should be collected as soon as possible before memories fade or people become unreachable.
Accident Scene Evidence
Photos of the crash scene, vehicle damage, skid marks, and road conditions help reconstruct what happened. These should be collected immediately to prevent evidence from being cleaned up or lost.
Why Preserving Evidence Matters in a Truck Accident Case
Unlike standard car accidents, commercial truck accidents often involve multiple parties— the truck driver, the trucking company, maintenance contractors, cargo loaders, and even the manufacturer of truck parts. Each of these parties may hold valuable evidence that can prove how the accident happened and who is responsible.
However, trucking companies have an incentive to erase, hide, or manipulate evidence that might prove their negligence after they complete their investigation. This can include deleting electronic logging data, failing to retain vehicle maintenance records, or even pressuring drivers to give false accounts of the crash.
Preserving evidence helps:
- Prove liability – Clear, documented proof of negligence strengthens your claim.
- Prevent evidence tampering – Taking immediate action ensures trucking companies comply with legal obligations.
- Maximize compensation – Solid evidence increases your chances of recovering full damages for medical expenses, lost wages, and pain and suffering.
FAQs About Truck Crash Evidence
Who can be liable in a truck accident?
Truck accidents are complicated because of the different parties who can be held at fault for your damages. The a negligent truck driver is the most obvious at-fault parties, but their employer can also be held responsible. Other parties include manufacturers, maintenance workers, or even the person who loaded the truck.
How quickly do I need to act to preserve evidence after a truck accident?
Immediately. Some evidence, such as black box data, can be overwritten within days or weeks. Additionally, trucking companies may legally discard records after a certain period. The sooner you hire a lawyer, the better your chances of securing key evidence before it disappears.
What should I do if I suspect a trucking company is hiding evidence?
If you believe a trucking company is withholding or destroying evidence, contact a truck accident lawyer immediately. An attorney can take legal action to secure records, subpoena documents, and work with experts to reconstruct the accident and prove liability.
Call a Detroit Truck Accident Lawyer Now
Trucking companies and their insurers move quickly to protect themselves after an accident. That’s why it’s critical to act fast and work with a knowledgeable personal injury lawyer who can secure the evidence needed to support your claim.
At Davis Injury Lawyers, PLLC, we have the experience and resources to take on large trucking companies and fight for the compensation you deserve. If you or a loved one has been injured in a truck accident, don’t wait for evidence to disappear—contact us today for a free consultation.
Call us now at (313) 462-7979 or fill out our online form to get started.