Six pieces of truck accident evidence that disappear in weeks
Trucking companies keep some records for only six months, and dashcam footage can vanish in days. Here is what to preserve and why it wins cases.
Daniel R. HartwellFounding Partner, Trial Attorney, published 
A collision with a commercial truck is not just a bigger car accident. It involves a regulated industry with its own record-keeping rules, corporate risk managers and insurance companies that send rapid response teams to the scene. The most valuable evidence in these cases is created by the trucking company itself, and much of it is only kept for a short time unless someone demands it.
1. Electronic logging device data
Since 2017, most interstate commercial drivers must use electronic logging devices that record driving time, engine hours and location. This data shows whether a driver exceeded federal hours-of-service limits, which cap driving at 11 hours after 10 consecutive hours off duty. Federal rules require carriers to keep these records for only six months. A fatigue violation can transform a disputed crash into a clear case of negligence.
2. Engine control module "black box" data
A truck's engine control module can record speed, throttle position, brake application and cruise control status in the seconds before a crash. Some systems overwrite this information when the truck is driven again. A written preservation demand, sent immediately, is often the only way to stop the truck from being repaired and returned to service before the data is downloaded.
3. Forward-facing and driver-facing cameras
Many fleets use camera systems that capture the road ahead and the driver's behavior inside the cab. These systems often store only event clips triggered by hard braking or impact, and they may be kept for days or weeks. Footage can show phone use, drowsiness or following too closely.
4. Driver qualification and training files
Federal Motor Carrier Safety Administration regulations require carriers to maintain a qualification file for each driver, including employment history, driving record, medical certification and road test results. These files can reveal that a company hired a driver with prior violations or failed to check his background. That supports claims for negligent hiring and retention against the company itself.
5. Drug and alcohol testing records
Carriers must conduct post-accident drug and alcohol testing after crashes involving a fatality or, in many cases, injuries requiring treatment away from the scene. Missed tests, late tests or positive results are all significant. Some records of negative results must be kept for only one year.
6. Inspection and maintenance records
Drivers must complete pre-trip and post-trip inspection reports, and carriers must keep maintenance records for vehicles in their fleet. When brakes, tires or lights fail, these documents often show whether the problem was reported and ignored. In one sample case, a dump truck's brake defects had been written up twice in the month before a crash on the Palmetto Expressway.
The trucking company's lawyers start building their defense the day of the crash. Your side should too.
Beyond the truck: other sources of proof
In addition to company records, a strong truck case often uses traffic camera video from the Florida Department of Transportation, cell phone records, dispatch communications, bills of lading showing cargo weight, and weigh station data. Accident reconstruction engineers then combine all of this into a clear, visual explanation for insurers and jurors.
Why multiple defendants matter
Truck crashes can involve the driver, the motor carrier, a freight broker, a shipper that loaded cargo improperly, a leasing company and a maintenance vendor. Each may carry its own insurance. Identifying all of them is important when injuries require a lifetime of care, because a single policy may not be enough.
What you can do now
If you or a family member was hit by a commercial vehicle, write down the company name and USDOT number from the truck door if you can, photograph the scene and get medical care. Then call a firm that handles trucking litigation. Hartwell & Pierce sends preservation letters within 24 hours of being hired, and there is never a fee unless we recover compensation for you.
This article is general information about Florida law as of its publication date and is not legal advice. Reading it does not create an attorney-client relationship.
