A serious collision with an 18-wheeler is different from an ordinary automobile accident in one important respect: some of the most useful evidence may be controlled by the trucking company rather than the injured person.
Modern commercial trucks can generate electronic records, driver information, maintenance documents, dispatch communications, and other evidence that may help explain what happened before a collision.
For someone injured in a truck accident in Bossier City or elsewhere in Northwest Louisiana, identifying and preserving that information can be an important early step.
What Data Does an 18-Wheeler's Onboard System Record?
Many commercial vehicles contain electronic systems capable of recording information concerning operation of the vehicle.
Depending upon the vehicle and equipment involved, potentially relevant information can include:
- vehicle speed
- braking activity
- engine information
- throttle position
- vehicle movement
- fault codes
- other operating information
People sometimes refer to this information generally as the truck's "black box" data.
The exact information available varies by truck and system, so determining what electronic data exists should be part of the investigation rather than assumed.
Electronic Logging Device Records
Commercial drivers subject to federal hours-of-service requirements commonly use electronic logging devices, or ELDs.
ELD information can help establish a timeline of a driver's activity and may become relevant when questions arise concerning driving time, rest periods, duty status, or fatigue. Federal rules require these duty-status and ELD records to be kept for at least six months (49 CFR 395.8(k)(1); 395.22(i)(1)).
Those records may need to be considered together with other information, such as:
- dispatch records
- trip information
- bills of lading
- fuel receipts
- electronic communications
- payroll or settlement records
Looking at several sources together can sometimes provide a clearer picture than relying on a single electronic record.
What Video Evidence Might Exist After a Truck Crash?
Video can be especially important after a commercial truck crash.
Potential sources may include:
- truck-mounted cameras
- nearby business surveillance cameras
- traffic cameras
- other vehicles' dashcams
- residential security cameras
- cellphone video recorded by witnesses
Some video systems routinely overwrite older footage. That can happen within days or weeks, depending on the system. For that reason, identifying potential video sources early can be important.
Driver Qualification Information
The driver's background may also become relevant in a commercial trucking case.
Depending upon the circumstances, records concerning licensing, training, driving history, qualification, supervision, or previous safety issues may need to be examined.
The purpose is not to assume that a driver was unqualified. It is to determine whether the evidence reveals a safety issue that contributed to the collision.
Inspection and Maintenance Records
Large commercial vehicles require regular inspection and maintenance.
When mechanical failure may have contributed to an accident, records concerning the truck and trailer can become significant.
Examples may include documentation relating to:
- brakes
- tires
- steering components
- lights
- coupling equipment
- trailer components
- prior inspections
- reported defects
- repairs
Physical inspection of the truck itself can also be important before damaged components are repaired, removed, or replaced.
Cargo and Loading Information
The trucking company and driver are not necessarily the only parties whose conduct may need investigation.
Cargo may have been loaded or secured by another company.
In appropriate cases, relevant evidence could include:
- bills of lading
- cargo weight
- loading documents
- securement information
- shipper records
- communications concerning the load
This can be particularly important when allegations involve shifting cargo, an overloaded vehicle, trailer instability, or improper securement.
Dispatch and Company Communications
Electronic communications can help establish what occurred before the collision.
Depending upon the case, dispatch records or communications may provide information about:
- routes
- delivery schedules
- changes in assignments
- delays
- driver communications
- instructions from the carrier
These records can help complete the timeline surrounding the crash.
Evidence at the Scene Still Matters
Trucking-company records do not replace ordinary accident evidence.
Important evidence may also include:
- the police crash report
- photographs of the vehicles
- photographs of the roadway
- skid marks or debris
- vehicle-rest positions
- witness information
- photographs of visible injuries
- medical records
- documentation of lost income
When it is safe to do so, photographs and witness information collected shortly after a collision may preserve details that later disappear.
What Is an Evidence-Preservation Letter?
An evidence-preservation letter is a written notice identifying evidence that should be retained rather than altered, discarded, overwritten, repaired, or destroyed through normal business practices. This is sometimes called a spoliation letter.
In a trucking case, such a request can address multiple categories of evidence rather than simply asking that the truck itself be preserved.
What should be requested depends upon the particular accident. The duty to preserve evidence can arise before a lawsuit is filed, once a claim is reasonably anticipated.
A serious truck-collision investigation may involve the vehicle, trailer, electronic data, driver records, company records, video, cargo information, maintenance documentation, and communications.
Why Does Timing Matter After a Truck Accident?
Truck accidents can involve information controlled by several different companies.
The motor carrier, truck owner, trailer owner, cargo company, maintenance contractor, broker, insurer, and other entities may each possess different records.
Determining who controls potentially relevant evidence is therefore an important part of the investigation.
Louisiana also generally requires personal injury lawsuits to be filed within two years of the accident (La. Civ. Code art. 3493.1).
Waiting unnecessarily can make that process more difficult.
Frequently Asked Questions
How long do trucking companies have to keep driver logs and hours-of-service records?
Federal rules require these duty-status and ELD records to be kept for at least six months (49 CFR 395.8(k)(1); 395.22(i)(1)).
What is a spoliation letter?
Another name for an evidence-preservation letter: a request that a company retain evidence rather than lose, alter, or destroy it through routine business practices.
How long do I have to file a truck accident claim in Louisiana?
Most personal injury claims in Louisiana must generally be filed within two years of the accident (La. Civ. Code art. 3493.1).
Who has the evidence after an 18-wheeler crash?
The motor carrier, the truck's owner, the trailer's owner, a cargo or logistics company, a maintenance contractor, a broker, and an insurer may each hold different pieces of it.
Truck Accident Evidence in Bossier City and Northwest Louisiana
Joseph A. Gregorio, A Professional Law Firm, represents people and families injured in commercial truck accidents in Bossier City, Shreveport, Minden, DeSoto Parish, Webster Parish, and other Northwest Louisiana communities.
A trucking case can involve significantly more evidence than a typical passenger-vehicle collision. Identifying the companies involved and determining what information should be preserved can therefore be an important early part of evaluating the claim.
If you or a family member has been seriously injured in an 18-wheeler or commercial-truck collision, you may contact Joseph A. Gregorio, A Professional Law Firm at (318) 719-7515 to discuss the circumstances of the accident.
This material is provided for general informational purposes and is not legal advice concerning any particular case.