After you are in a crash with a semi-truck, you might assume that evidence will be automatically preserved. Unfortunately, this is far from the case. In fact, the trucking company will attempt to destroy as much evidence as they legally can, relying on short retention periods and lack of notice to keep evidence. A legal hold or other action by an attorney can help prevent the destruction of evidence, but only if you act quickly.
At Underwood Law, LLC, our Georgia truck accident attorneys are here to help. We understand how to preserve evidence in your case before it is too late. The best thing you can do is get in touch quickly after an accident, and let us get to work preserving the evidence you need.
Why Evidence Disappears So Fast in Georgia Trucking Cases
Trucking companies follow rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA). The rules require they keep certain records, but they don’t set a very long retention period for many of them. After that period passes, the records can be destroyed.
To avoid this, an attorney can send a spoliation letter. This is a formal preservation demand. The company must then keep evidence they might otherwise have been allowed to destroy.
Evidence Trucking Companies Can Legally Destroy
Electronic Logging Device (ELD) Data
ELDs track a driver’s hours of service, rest breaks, and movement. They can reveal:
- Fatigue
- Hours‑of‑service violations
- Sudden braking
- Speed changes
- Route deviations
The retention period is typically 6 months under FMCSA rules. After that, the data can be overwritten or deleted.
Driver Qualification File (DQF)
This file includes:
- Employment application
- Driving history
- Prior crashes
- Drug and alcohol test results
- Medical certification
This retention period varies, but many documents can be discarded after 3 years, and some sooner. If the driver had a history of violations or safety issues, those records may not survive long.
Maintenance and Inspection Records
These records show whether the truck was properly maintained, including:
- Brake inspections
- Tire replacements
- Engine repairs
- Annual DOT inspections
The retention period is often 12 months for routine inspections and 6 months for certain maintenance logs.
Driver Daily Vehicle Inspection Reports (DVIRs)
Drivers must inspect their trucks daily and report defects. These reports can show:
- Known mechanical issues
- Problems the company ignored
- Unsafe conditions before the crash
The retention period is only 3 months in many cases. This is one of the fastest‑disappearing categories of evidence.
Dispatch Logs and Communications
Dispatch logs may reveal:
- Pressure to meet deadlines
- Unsafe scheduling
- Route changes
- Real‑time instructions from the company
The retention period here is not strictly regulated; many companies delete or overwrite these logs within days or weeks. Text messages between dispatch and drivers are often erased even faster.
Black Box / ECM Data
The truck’s engine control module (ECM) records:
- Speed
- Brake application
- RPMs
- Cruise control usage
- Sudden deceleration
The retention period here depends on the truck. Some ECMs overwrite data within days if the truck keeps operating. If the truck is put back on the road immediately after the crash, the data may be lost.
Surveillance Footage
Many trucking companies use cameras in:
- Loading docks
- Company yards
- Cab interiors
- Forward‑facing dash cams
The retention period for footage is often 7–30 days, depending on storage capacity.
Why Trucking Companies Destroy Evidence Quickly
Trucking companies are not required to keep evidence for your benefit. Their legal obligations are minimal, and destroying records:
- Reduces liability
- Limits what investigators can prove
- Makes it harder to show negligence
- Helps insurers argue the crash was unavoidable or your fault
This is why trucking companies often move fast after a crash, sometimes faster than the injured person can.
How Georgia Crash Victims Can Stop Evidence From Being Destroyed
The only reliable way to preserve evidence is through a spoliation letter sent immediately after the crash. This letter:
- Orders the trucking company to preserve specific records
- Creates a legal duty to keep evidence
- Allows courts to punish companies that destroy evidence afterward
Without a preservation demand, the company can legally follow its normal destruction schedule.
Preserve Evidence and Seek the Compensation You Deserve After a Georgia Truck Accident
Truck accidents can cause extremely serious injuries and lead to high costs. To prove your case, you need to act fast to preserve evidence before the trucking company destroys it.
Our team at Underwood Law, LLC are ready to help with your needs. Contact us today for a consultation.
