A truck accident claim often involves more than determining who was at fault. The evidence needs to show what happened, why it happened, who may be responsible, and how the crash affected the injured person. Because commercial trucks operate under extensive federal safety regulations, the evidence can go well beyond a police report and a few photos. It may include electronic data, driver records, maintenance files, cargo documentation, and expert analysis.
Evidence that can support your claim
The trail of evidence in a truck accident case can extend well beyond the point of impact. It may lead to the truck itself, the driver’s records, the trucking company’s files, and the medical evidence documenting the injuries.Â
Start with the crash scene
Physical evidence at a crash scene can quickly disappear. Vehicles get moved, debris gets cleared, skid marks fade, and witnesses’ memories become less reliable with time. Documenting the scene early can preserve evidence that may later help establish how the crash happened.
Crash scene evidence can include:
- Photographs of vehicle positions and damage patterns
- Skid marks, debris, and roadway conditions
- Traffic signals and signage
- Dashcam or surveillance footage, including those from nearby businesses
- Witness statements
The truck’s black box (ECM) data
Many modern commercial trucks have an electronic control module (ECM) that records information such as speed, braking, throttle position, and engine performance before a crash. This data can provide an objective record of how the truck was operating and may help establish whether the driver was speeding, failed to brake, or was distracted before impact.
The catch is that this data may be overwritten or otherwise become unavailable if it isn’t preserved promptly. That is why an attorney should seek to secure it early in the investigation. ECM data can become particularly important when the circumstances leading up to the crash are disputed or unclear.Â
Electronic logging device (ELD) and hours of service records
Driver fatigue is a significant factor in large truck crashes. To reduce the risk of fatigue-related crashes, federal Hours of Service regulations limit how long commercial drivers can remain on duty and drive without required rest. These limits are recorded through an electronic logging device. An ELD tracks the driver’s duty status, allowing investigators to determine how long the driver had been working and driving before the crash. Other sources, such as dispatch records, bills of lading, and payroll records, can help verify whether those entries accurately reflect the driver’s activities.
If the ELD and other information show that the driver exceeded the permitted hours, that may indicate a violation of federal safety requirements and provide evidence that fatigue contributed to the crash.
The driver qualification file (DQF)
Motor carriers are required to maintain a driver qualification record for each driver. A DQF contains records documenting the driver’s licensing, training, road test results, and safety history. Investigators can review those records to determine whether the carrier properly evaluated the driver’s qualifications and followed applicable hiring and screening requirements. The records may also reveal whether the carrier knew about safety concerns or other red flags before putting the driver behind the wheel.
Maintenance and inspection records
Federal regulations require regular inspection, repair, and maintenance of commercial vehicles. Defective brakes and worn tires consistently rank among the leading reasons trucks are placed out of service during roadside inspections. If a company skipped required maintenance or ignored a known defect,its records may help establish that a mechanical problem contributed to the crash and that the carrier may be responsible for failing to address it.
Drug and alcohol testing records
Alcohol or drug use may be an important issue in determining why a truck crash occurred. Commercial drivers must follow federal alcohol and controlled substance testing requirements, including post-accident testing in certain circumstances. The results may provide evidence of whether the driver was impaired, while the carrier’s compliance records can show whether it followed required testing procedures and responded properly to a positive result, a refusal, or another violation.
Police reports and scene evidence
The official crash report can provide important information about what officers saw at the scene, including initial observations, citations issued, and witness contact information. Photos and videos from the scene, skid marks, debris fields, and vehicle damage can help investigators reconstruct how the crash occurred and identify inconsistencies between the physical evidence and the accounts of those involved.
Witness statements
Independent witnesses can offer firsthand accounts of the crash and the events leading up to it. For example, a witness may have seen a truck drifting between lanes, making an unsafe maneuver, or behaving erratically before the collision. These accounts can help corroborate what the physical evidence suggests. Investigators should gather witness accounts as early as possible, before memories begin to fade.
Medical records
Complete medical records document the injuries suffered in the crash and provide evidence of the treatment those injuries require. They can include emergency treatment records, imaging, specialist evaluations, and, for long-term injuries, assessments of future care needs.
Why evidence preservation should start early
Much of this evidence has a limited shelf life. Continued use of the truck can overwrite some electronic data, while carriers may delete or overwrite other records as part of their routine retention practices. An attorney can send a formal letter of spoliation early in the case, notifying the trucking company and other relevant parties that they must preserve evidence related to the crash. Preserving evidence early can prevent critical records from disappearing before the investigation or lawsuit begins.
Frequently asked questions
What happens if the trucking company claims the evidence was lost before they received a preservation notice?
The absence of a preservation notice does not automatically excuse the loss of evidence. If the company knew or should have known that a legal claim was likely and failed to take reasonable steps to preserve relevant evidence, a court may impose sanctions if the evidence is later lost. In serious cases involving intentional destruction of electronic evidence, a court may allow the jury to presume the missing information would have been unfavorable to the company.
Can evidence from a truck’s onboard camera be used even if it also recorded the driver?
Yes. Many commercial trucks use dual-facing cameras that record both the road and the cab. Footage may show whether the driver was looking away from the road, using a phone, eating, adjusting controls, or engaging in another activity before the crash. Investigators can compare that footage with electronic data, witness accounts, and other evidence to help determine what happened.
Do I need a copy of the police report myself, or will the attorney get it?
Your attorney can obtain the official report, but keep any photos, notes, witness information, or responding officer’s details you collected at the scene. Those materials may contain details the official report does not capture.
What if the trucking company has evidence I haven’t seen?
An attorney can investigate what records exist and use formal discovery and other legal procedures to obtain relevant evidence the company has not provided voluntarily.
Get the evidence before the story gets lost
The trucking company’s account of a crash may not tell the whole story. The Killino Firm moves quickly to preserve critical evidence, investigate the circumstances of the crash, and identify every party whose conduct may have caused the crash or contributed to your losses. That can include securing electronic data, company records, vehicle evidence, witness accounts, and expert analysis before important evidence disappears. Give us a call today.Â
