After a Maryland truck crash, your immediate concerns might be medical care, missed work and vehicle damage. At the same time, records that could help explain how the collision happened may not remain available indefinitely.
Trucking companies only have to keep some records for a set amount of time, while their storage systems may overwrite electronic information.
These five types of evidence can be especially important:
1. Black box and other electronic vehicle data
Depending on the truck and its systems, electronic data could show speed, braking or other activity before a crash. This information can help show what the truck was doing before the collision.
2. Driver logs
Electronic logging devices track how long drivers spend driving, working and resting. Federal rules generally require trucking companies to keep drivers’ hours-of-service logs and required supporting documents for at least six months.
3. Maintenance and inspection records
Repair, inspection and maintenance files could show problems with brakes, tires or other equipment. Federal rules generally require trucking companies to keep certain maintenance records for one year at the location where the vehicle is housed or maintained and for six months after the vehicle leaves their control.
4. Dispatch and route communications
Messages between a driver and dispatcher often show delivery instructions, scheduling changes or route information. How long these messages remain available can depend on the trucking company’s systems and how long it keeps them.
5. Dashcam and other video footage
Dashcam, surveillance or other video might capture the crash or events leading up to it. Stored footage may eventually be overwritten or deleted.
How evidence preservation can affect your claim
Different records may be kept for different lengths of time, and you may not know which systems contain useful information after a crash. An attorney can identify information that may matter to your truck accident claim and send a preservation letter asking the trucking company to keep specific records and electronic data.
If a trucking company destroys or fails to preserve relevant information when a lawsuit is pending or reasonably expected, the issue may involve spoliation of evidence. Depending on the circumstances, that can affect how a court or jury considers the missing information. This is why identifying and preserving relevant records early can be important to understanding what happened in the crash.