What It Means
Truck crashes produce a lot of complex evidence, and much of it is in the trucking company’s hands. Some of it, from eyewitness memories to electronic trucking logs, may only be available for a short time. The longer the wait, the greater the risk that evidence is lost, or even deliberately destroyed.
Federal rules require trucking companies to keep some records, but only for limited minimum periods:
- Records of duty status and supporting documents: at least 6 months (49 CFR 395.8(k)).
- Maintenance records: 1 year, and 6 months after the vehicle leaves the carrier’s control (49 CFR 396.3(c)).
- Driver vehicle inspection reports: 3 months (49 CFR 396.11).
- Roadside inspection reports: 12 months from the date of the inspection (49 CFR 396.9).
These are minimums. Once they pass, important records may no longer exist.
Why It Matters in a Truck Accident Case
Evidence can make or break a truck accident claim. Records like ELD data, black box data, and maintenance files can show how long the driver had been on the road, how fast the truck was going, and whether the company kept its vehicles safe.
To help keep evidence from being lost, a lawyer can contact the trucking company early and ask in writing that it preserve the evidence related to the crash, often called a preservation letter. If evidence has already been lost or destroyed, a lawyer can explain what options may be available in your situation.
