Critical Semitruck Crash Evidence: How To Collect and Preserve It

Work with an attorney to gather semitruck crash evidence, serve spoliation letters, and request company records to preserve key proof. Multiple evidence sources work together to explain how a truck accident occurred and who is responsible. Physical evidence helps with reconstruction, electronic data is critical for establishing the driver’s behavior, and eyewitnesses provide valuable first-hand accounts. Proof must be documented and protected to substantiate your case and establish liability.

The trucking accident attorneys at Miller Law Group can deploy legal tools to make sure all critical evidence is properly collected and sufficiently protected to prevent it from being lost or altered. Here are the sources we collect from, the items we investigate, and the steps we take to preserve this evidence so it may be presented in court on your behalf.

When a semitruck causes a collision, it can leave a large damage path and cause significant destruction that can show collision points and other vital information. Physical evidence should be collected or documented at the scene to tell the story of the crash and assist with reconstruction. The items that should be gathered or documented (through photographs or videos) include:

Physical Evidence

• Skid marks
• Vehicle debris
• Collision damage
• Roadway conditions, including weather, lighting, and highway signage

Personal Details

• Driver’s name
• Insurer
• The trucker’s employer
• License plate numbers
• Injury details (photos)

Police Reports

Although generally inadmissible evidence in a truck accident lawsuit, police reports are still critical for legal teams. The included statements, diagrams, and citations provide a starting point for reconstruction.

Commercial vehicles carry several onboard data systems that reveal how a crash occurred and aid trucking accident investigations. These devices provide objective, automated data about a driver’s activities before and during a collision. The recordings can help prove a driver was non-compliant with federal regulations and liable for personal injuries. Here are some of the electronic devices that provide crucial trucking accident evidence:

Black Box (ECM) Data

A truck’s Engine Control Module records operator actions and vehicle system conditions in the moments leading up to, during, and after a crash. The black box data will show if a trucker’s negligence, such as speeding or overcorrecting, led to a collision and help to prove the driver was at fault.

Assessing this data requires consent (which the trucking company isn’t likely to give) or legal action via a court order. Proper data extraction is essential to preserve this information. Hire a truck accident law firm with resources to ensure these critical processes are correct and protect the data’s integrity.

Electronic Logging Device (ELD)

ELD devices log the driver’s rest and work hours plus location. Truckers must follow Hours-of-Service rules that limit how long they may be on the road. Your legal team can subpoena this data and use it to establish violations in working hours to show the accident was caused by truck driver fatigue or recklessness.

GPS

Location tracking can be embedded in many electronic devices, including the truck driver’s personal phone. Lawyers can obtain this information and compare the vehicle’s location at various points of the driver’s route to confirm that speeding potentially caused the crash. If the dispatcher or the driver’s superior was aware of early arrivals to various GPS points, they could also face liability for failing to act.

Dashcam Footage

Many fleets install forward-or cab-facing cameras that record periodically or are triggered by sensors. Interior footage reveals driver distractions or other unsafe behaviors just before a crash. The exterior footage can show the driver performing illegal U-turns, dangerous lane changes, or the collision itself. Your legal team will subpoena dashcam evidence of the truck accident to understand every factor that contributed to the crash.

Cell Phone Records

If distracted driving is believed to have caused a trucking accident, your attorney can request cell phone records and other communication data to investigate. It’s a federal violation for truck drivers to use handheld mobile devices for any reason while operating a vehicle. Cell phone data can demonstrate whether the person was making calls, texting, or using apps, proving they were distracted and non-compliant.

Driver and Company Files

Freight company records don’t only shed light on the driver involved in the trucking accident. They can also establish an ongoing pattern of hiring, training, or other negligence by the freight company. It’s important that all parties, not only the driver, are held liable for contributing to your injuries. Some of the evidence attorneys will request for a trucking accident investigation on the driver and the carrier includes:

• Driver Qualification Files: Records of training, licensing, drug tests, and disciplinary records can point to a history of negligent hiring, making the freight company also responsible and maximizing your injury compensation.
• Vehicle Inspection, Maintenance, and Repairs: These records are critical to preserve because they dispute defenses that a mechanical issue caused the crash. They also show whether negligent upkeep or repairs or other factors contributed to the crash.
• Company accident history: Shows a disregard for safety practices and establishes a pattern of negligence that can lead to punitive damages (penalties above and beyond your compensation).

A trucking company’s logbooks play a significant role in trucking accident investigations because failed inspections, delayed maintenance, and incomplete training can prove the company was negligent of its safety duties.

Eyewitnesses

People who saw the crash or encountered the trucker earlier on the road can supply information that digital data and physical evidence cannot. Statements from drivers, passengers, and bystanders are essential to understanding the driver’s behavior, speed, and potential violations. These statements are admissible evidence in a truck accident lawsuit, and since human memories aren’t infallible, timing is critical. An attorney can help contact witnesses and record official statements soon after the crash.

Some freight records only require a six-month backup, dashcam evidence of the truck accident can be rewritten in weeks, and physical evidence, like vehicle damage, can be repaired even more quickly.

You must act swiftly to obtain an attorney who can take legal action to protect evidence after a truck accident. The freight company isn’t going to stop records from being altered, lost, or destroyed without a court order. Some of the tools an attorney may use to safeguard documents, footage, and physical evidence include:

• Spoliation letter: This document forbids a trucking company, its insurer, and other parties to destroy or alter evidence. Doing so can lead to sanctions by North Carolina courts.
• Chain of custody: Semitruck accident evidence must have a documented ‘paper trail’ from the moment it’s collected. Without this, the evidence’s legitimacy may be questioned or denied.
• Expert documentation: Attorneys have resources to obtain accident reconstruction engineers and digital analysts to interpret data and testify about causation, impact forces, and compliance failures critical to your claim.

Our tips for smart, legal evidence collection include acting quickly, documenting everything, and getting expert guidance. If you need assistance, contact the attorneys at Miller Law Group. We understand how the trucking company and their insurers will try to prevent you from uncovering evidence, and we have your back.