📋 Evidence Preservation Guide for Truck Accidents
The evidence you collect — or fail to collect — in the first days after a truck accident can make or break your case. Trucking companies begin destroying evidence immediately. Here's everything you need to preserve.
24hrs
Scene evidence window
30 days
Camera footage deleted
6 months
ELD data overwritten
At the Scene (First 24 Hours)
CRITICAL✓ Photos of all vehicles, damage, and road conditions
Take 50+ photos from every angle. Include skid marks, debris, traffic signals, road signs, and weather conditions.
✓ Photos of your injuries
Document all visible injuries immediately and continue photographing them as they develop over days and weeks.
✓ Police report
Always call police to the scene. The official report documents the officer's findings, witness statements, and any citations issued.
✓ Witness names and contact information
Get names, phone numbers, and emails from every witness. Their accounts become critical if liability is disputed.
✓ Truck driver's information
Driver's license, CDL number, trucking company name, DOT number, insurance information, and license plate.
✓ Your own written account
Write down everything you remember while it's fresh — what happened, what the driver said, time of day, weather, road conditions.
Trucking Company Records
CRITICAL✓ Electronic Logging Device (ELD) data
Federal law requires trucks to have ELDs recording hours of service. This data proves if the driver violated rest requirements. Can be overwritten in 6 months.
✓ Driver qualification file
Includes CDL, medical certificate, driving record, employment history, and drug/alcohol test results.
✓ Vehicle maintenance records
Trucking companies must maintain detailed inspection and repair logs. Missing records suggest negligent maintenance.
✓ Dashcam and onboard camera footage
Many commercial trucks have forward-facing and cab-facing cameras. This footage is often 'lost' if not preserved quickly.
✓ Trip logs and dispatch records
Shows the driver's route, schedule pressure from dispatchers, and whether unreasonable delivery deadlines contributed to the accident.
✓ Drug and alcohol test results
Federal regulations require post-accident drug and alcohol testing. Results must be preserved and can be subpoenaed.
✓ Cargo loading records
Improperly loaded or overweight cargo is a common cause of truck accidents. Weight tickets and loading manifests are key evidence.
Medical Evidence
HIGH✓ Emergency room records
Your initial ER visit documents the immediate impact of the accident and connects your injuries to the collision.
✓ All follow-up medical records
Every doctor visit, specialist referral, physical therapy session, and prescription must be documented.
✓ Medical bills and receipts
Keep every bill, receipt, and explanation of benefits (EOB). This is the foundation of your economic damages claim.
✓ MRI, X-ray, and diagnostic imaging
Objective imaging evidence is powerful proof of injury that's difficult for insurers to dispute.
✓ Doctor's prognosis and future care plan
A medical professional's opinion on your future treatment needs and limitations supports long-term damage claims.
Financial Evidence
HIGH✓ Pay stubs and tax returns (2-3 years)
Proves your income before the accident to calculate lost wages and diminished earning capacity.
✓ Employer verification of missed work
A letter from your employer confirming dates missed, lost overtime, and any impact on your position.
✓ Out-of-pocket expense receipts
Transportation to medical appointments, home modifications, household help, and any accident-related expenses.
✓ Documentation of lost business opportunities
If self-employed, document canceled contracts, lost clients, and reduced business capacity.
Digital & Electronic Evidence
MEDIUM✓ Cell phone records (yours and the truck driver's)
Can prove distracted driving. Your attorney can subpoena the truck driver's phone records.
✓ GPS and navigation data
Shows the truck's route, speed, and any deviations. Available from the truck's GPS system and ELD.
✓ Traffic camera and surveillance footage
Nearby businesses and traffic cameras may have captured the accident. This footage is often deleted within 30 days.
✓ 911 call recordings
Can be obtained through public records requests and provide real-time documentation of the accident.
Time Is Your Enemy — Act Now
Trucking companies begin protecting themselves within hours of an accident. A truck accident attorney can send a spoliation letter immediately to preserve all evidence before it's destroyed.
Get a Free Consultation →