Your lawyer preserves evidence for a truck accident claim by immediately sending a legal document called a preservation letter or spoliation notice to the trucking company and other involved parties. This notice legally requires them to save evidence like the truck’s “black box” data, driver logs, and maintenance records.
This evidence is incredibly fragile. Digital data, for example, is automatically overwritten in a matter of days, and some records are only required to be kept for six months under federal law. A failure to act quickly means the proof needed to support your claim may disappear forever.
By issuing formal legal demands and, if needed, seeking court orders, your attorney locks down the proof needed to build a strong case for the maximum compensation available under the law. An experienced Milton truck accident lawyer can ensure critical evidence is preserved and used effectively to strengthen your claim.
If you have questions about preserving evidence after a truck accident, call our team at North Atlanta Injury Law for a straightforward conversation about your situation. Our number is (770)988-4000.
Key Takeaways for Preserving Truck Accident Evidence in Georgia
- Trucking companies only keep evidence for a short time. Black box data can be overwritten in days, and driver logs are legally destroyed after six months unless preserved. Without immediate legal action, this evidence disappears.
- A preservation letter triggers legal protections. Once sent, the trucking company is legally required to save specific records, data, and the truck itself. Destroying anything afterward can lead to serious penalties in court.
- Delays weaken your case and help the defense. The trucking company and its insurer begin investigating immediately. If you wait to act, they control the narrative. Preserving evidence early protects your right to full compensation.
Why Does Evidence in a Trucking Case Vanish So Quickly?
In the world of commercial trucking, evidence has a remarkably short shelf life. The systems and regulations that govern the industry are not designed with your potential claim in mind.
The Clock is Ticking on Digital Evidence
- Black Box Data (ECMs/EDRs): Most commercial trucks have an Event Data Recorder (EDR), similar to an airplane’s black box. It records pertinent data like speed, braking, and steering inputs just before a crash. However, this data is typically set to record on a loop, meaning it is automatically recorded over previous footage after a short period of the truck being driven again.
- Electronic Logging Devices (ELDs): Federal law requires ELDs to track a driver’s Hours of Service to prevent fatigue. This data is invaluable for showing if a driver was overworked and drowsy. However, trucking companies are not required to keep these logs indefinitely. If a formal preservation request is not made, this digital trail is lost, making it much harder to prove a key cause of many truck accidents.
Company Record-Keeping Policies Aren’t on Your Side
Trucking companies are businesses with document retention policies. They are only legally required to keep certain records for a specific time. For instance, daily driver logs only need to be kept for six months. After that, they are legally destroyed as part of the company’s normal operations.
The company’s goal is to operate efficiently and manage its legal risk. Its insurance carrier will begin an immediate investigation, looking for any information that might suggest you were at fault. Our role is to ensure they are held accountable and that no blame is unfairly shifted to you.
Physical and Third-Party Evidence Has an Expiration Date
The truck is the most important piece of physical evidence. Without a legal hold, the trucking company could repair it, sell it for scrap, or put it back on the road. Any of these actions would destroy physical proof of mechanical failure, faulty maintenance, or other defects that may have contributed to the crash.
Evidence at the scene is fleeting. Skid marks on the road fade with rain and traffic. Nearby businesses or traffic cameras might have captured the incident, but their surveillance systems usually delete footage within 24 to 72 hours to save server space.
What Is a Preservation Letter and How Does It Work?
Faced with evidence that vanishes in days, your legal team must act decisively. The first and most powerful tool for this is the preservation letter. It is the legal equivalent of putting up a stop sign, commanding all parties to halt any action that could compromise the integrity of the evidence.
Your First and Most Powerful Tool
A preservation letter, also called a spoliation notice, is a formal legal document we send to all potentially responsible parties. This is a legal command to stop and save everything related to the crash. Sending this letter officially puts the recipients on notice that litigation is likely, triggering their legal duty to preserve evidence.
Who receives this letter?
- The trucking company (the motor carrier).
- The truck driver.
- The truck’s owner, if different from the company.
- Any maintenance or repair shops involved.
- The insurance companies for all parties.
What Does the Letter Specifically Demand They Save?
The letter provides a detailed, non-negotiable list of items to be preserved, leaving no room for interpretation. It typically includes:
- The Truck and Trailer: Preventing any repairs, alterations, or sale of the vehicle.
- Electronic Data: All information from the Electronic Control Module (ECM) or Event Data Recorder (EDR), GPS tracking data, and data from the Electronic Logging Device (ELD).
- Driver Records: The driver’s qualification file, driving history, training records, post-accident drug and alcohol test results, and records of past violations.
- Dispatch and Trip Records: Communications between the driver and dispatcher, bills of lading (documents detailing the cargo), and trip itineraries.
- Maintenance Records: All inspection, maintenance, and repair records for the truck and trailer, as required by federal regulations.
Why Is This So Effective?
The letter puts them on formal notice that a lawsuit is reasonably foreseeable. If they destroy anything after receiving it, they may face serious legal penalties for what’s known as spoliation of evidence.
This single action prevents the other side from claiming they “didn’t know” they had to save something and sets the stage for holding them accountable if key information goes missing.
What Other Evidence Do We Work to Preserve?
A preservation letter is just the beginning. While it locks down the evidence held by the trucking company, a significant amount of proof exists outside of their control.
Securing Digital Evidence from All Angles
- Your Own Digital Footprint: We will help you preserve photos and videos you took at the scene, as well as text messages or emails you sent immediately after the crash describing what happened.
- The “Black Boxes” of Other Vehicles: If other passenger cars were involved, we may also seek to preserve their EDR data to get a more complete picture of the accident sequence.
- Cellphone Records: To investigate potential distracted driving, we may seek court orders for the truck driver’s cell phone records. This doesn’t include the content of conversations, but rather the timing and location of calls and texts, which shows if the phone was in use at the moment of impact.
Gathering Physical and Third-Party Proof
- Accident Scene Investigation: Our team hires accident reconstructionists to visit the scene promptly. They measure skid marks, document gouges in the pavement, and analyze debris patterns before this evidence is erased by weather or traffic.
- Canvassing for Video Footage: We don’t wait for others to hand over video. Our investigators will promptly visit nearby businesses such as gas stations, storefronts, warehouses, and contact the Georgia Department of Transportation to secure any available surveillance or traffic camera footage before it is overwritten.
- Witness Statements: Human memory fades and becomes less reliable over time. We prioritize finding and interviewing witnesses while their recollection of the event is still fresh and clear.
Documenting the Full Scope of Your Damages
- Chain of Custody for Medical Records: We immediately begin collecting your medical records, bills, and treatment plans. This creates a solid timeline that connects your injuries directly to the accident.
- Proof of Financial Loss: We will work with you to gather pay stubs, tax returns, and employment records. This documentation builds a clear and convincing picture of your lost income and, if your injuries are severe, your diminished future earning capacity.
What Happens If a Trucking Company Destroys Evidence?
The law has a name for this: spoliation. Spoliation is the intentional or negligent destruction or alteration of evidence when litigation is pending or reasonably foreseeable. Once our preservation letter is sent, their legal duty to save everything is clear. If they fail to do so, they face significant consequences.
How Do We Prove Spoliation Occurred?
Our preservation letter serves as Exhibit A, establishing that the company knew they were supposed to save the evidence. If the “black box” data is suddenly missing, or maintenance records for the month of the crash have vanished, we file a motion with the court asking for sanctions. This is not an uncommon problem, and the courts have established procedures to handle it.
What Are the Consequences for the Company?
Under court rules like Federal Rule of Civil Procedure 37(e), a judge has several powerful options if they find spoliation occurred:
- Adverse Inference Instruction: The judge instructs the jury to assume that the destroyed evidence would have been unfavorable to the trucking company. This is incredibly damaging to their defense. For example: “You may assume the missing driver logs would have shown he was driving over his legal hour limit.”
- Monetary Fines: The court fines the company for its actions.
- Excluding Their Evidence: The judge might prohibit the company from using certain evidence to defend itself.
In some cases, when a company is being uncooperative, we may even seek a temporary restraining order from a judge to physically prevent them from touching the truck or its electronic components.
How Does Preserving Evidence Help Your Claim in Georgia?
Countering the Blame Game with Facts
Georgia uses a rule called modified comparative negligence. This law states that if you are found to be 50% or more at fault for the accident, you recover no compensation. If you are found to be 10% at fault, your compensation is reduced by 10%.
Insurance companies and trucking companies know this rule inside and out. They will analyze every piece of information to find a way to argue that you share some of the blame, thereby reducing or eliminating what they have to pay.
Frequently Asked Questions About Preserving Truck Accident Evidence
How long do I have to contact a lawyer to preserve evidence?
There is no legal deadline, but as a practical matter, you should act within days. Key digital evidence, like black box data, is lost in under a week, and physical evidence at the scene disappears in hours. The sooner you act, the more proof is saved.
Can I just ask the trucking company for the evidence myself?
While you may ask, a request from an individual does not carry the same legal weight as a formal preservation letter from a law firm. A company is far less likely to ignore a legal notice that warns of court sanctions for non-compliance.
What if the police report already says the truck driver was at fault?
A police report is a strong piece of evidence, but it is not the only piece. The trucking company’s insurer will still conduct its own investigation to minimize the payout. We preserve evidence to prove the driver was at fault and that the company may have also been negligent in its training, hiring, or maintenance practices, which is a key part of the case.
Is there specific evidence unique to accidents on Atlanta highways like I-285 or the Downtown Connector?
Yes. These heavily trafficked areas have a high concentration of Georgia DOT traffic cameras. Part of our immediate response is to identify and request any available footage from the specific interchanges or mile markers where the crash occurred before that footage is routinely deleted.
What does it cost to have your firm send a preservation letter?
At North Atlanta Injury Law, we handle truck accident cases on a contingency fee basis. This means you pay us nothing upfront. We advance all the costs of sending preservation letters, hiring investigators, and collecting evidence. We only receive a fee if we win a recovery for you.
Let Us Secure the Proof You Need
The moments after a truck accident are disorienting, but the need to secure evidence is immediate. The trucking company and its insurer have already started building their case.
We ensure you are on equal footing. Let our team at North Atlanta Injury Law take the immediate legal action required to protect your rights. An experienced Milton personal injury lawyer from our firm can step in quickly to preserve evidence, handle the insurance companies, and fight for the compensation you deserve.
Call us today at (770)988-4000.