Does every semi-truck have the same electronic data?

No. Available data depends on the vehicle and its equipment.

What evidence should I keep?

Save photographs, witness contact information, medical records and insurance correspondence you already have.

When should evidence preservation begin?

As soon as practical, because video can be overwritten and vehicles can be repaired or moved.

Semi-Truck Accident Evidence Preservation

Just because the crash is over doesn’t mean that pursuing a claim or lawsuit will be quick or easy for an injured person. Even immediately after a crash, you may have to deal with collecting the evidence you need to prove who was at fault in the crash and the damage the crash caused.

After ensuring safety and notifying emergency services, get medical care and preserve any evidence you already have. A legal team can identify responsible parties, request preservation and pursue available inspection or discovery before important records or physical evidence disappear.

Why does evidence matter more in truck accident cases?

Semi-truck and tractor-trailer cases can involve evidence spread across several companies. Michigan semi-truck accident evidence often sits with the motor carrier, trucking company, tractor or trailer owner, maintenance provider, cargo loader, shipper, broker, insurer or a third-party data vendor. A party belongs in the liability analysis only when its conduct or legal responsibility is supported by the facts.

The carrier may hold driver files and dispatch records. A vehicle owner may hold maintenance records. A broker, shipper, loader or consignee (the person or business receiving the shipment) may hold load documents, trip instructions or communications. An insurer may contact the injured person before the full evidence picture is clear.

What truck data and electronic evidence should be preserved?

Depending on the carrier, the vehicle and other related information, the data could prove how the truck’s actions contributed to the crash.

Depending on the truck’s equipment, event data recorders (EDRs), often called black boxes, and engine control modules (ECMs) keep track of the truck’s speed, braking, throttle use and sudden stops, helping establish how the driver responded before impact. Electronic logging device (ELD) records show recorded driving time, helping investigators assess whether fatigue could have played a role.

GPS and telematics data trace the truck’s route, location and movements leading up to the crash while dashcam footage can show traffic conditions and how the collision unfolded, while inward-facing cameras may reveal whether the driver was distracted or failed to react. Cell phone and communication records can help establish whether calls, messages or dispatch communications were relevant to the crash.

Not every truck has the same data. Some systems record only limited information. Others may overwrite or store data in a format that requires fast expert access.

What driver records may matter after a truck crash?

Driver records may show whether the driver was qualified, trained, rested, supervised or communicating with dispatch before the crash.

Depending on the facts, relevant driver evidence may include:

driver qualification file
hours-of-service records
logbooks or electronic logging device records
truck driver logs and supporting documents
training records
prior safety history
drug and alcohol testing records
communications with dispatch

These records can help investigators evaluate contributing factors such as fatigue, distraction, poor training, unsafe scheduling or other facts that may require review.

What trucking company and dispatch records should be preserved?

Motor-carrier and dispatch records can show timing, instructions, trip decisions and control. They can also help test whether scheduling or dispatch pressure contributed to the crash.

Records to preserve may include:

dispatch instructions
trip schedule
route information
load documents
bills of lading (shipping documents identifying the shipment)
trip records
company safety policies
post-crash internal reports
communications between the driver, dispatcher, motor carrier, shipper, broker or other involved trucking entity

These records can matter even when the driver caused the immediate collision. A truck crash investigation often asks whether a company decision, schedule, route, load or communication contributed to the risk.

What maintenance and inspection evidence should be preserved?

Maintenance evidence may show whether the vehicle itself, trailer, tires, brakes, lights or safety equipment were in proper condition. It should be preserved before repairs change the condition of the vehicle.

Important records may include:

maintenance records
repair history
pre-trip and post-trip inspection reports
brake records
tire records
lighting records
underride guard condition (the condition of the protective barrier intended to help keep a smaller vehicle from sliding beneath the truck or trailer)
out-of-service history (records showing whether safety problems prevented the vehicle from being operated)

These records may help determine whether the vehicle’s condition mattered.

What evidence from the scene should be saved?

Evidence from the scene can disappear quickly. Weather changes, road markings fade, vehicles are moved, debris is cleared and nearby video may be overwritten.

To prove how the crash happened, a claimant or their lawyer could collect photos and video of the scene to show what the vehicle damage looked like, what the conditions of the road were or road damage like skid marks and gouge marks.

This information could be backed up with witness statements, police reports or records of 911 calls.

If you can’t take photos safely at the scene, don’t put yourself in an unsafe position. Let your lawyer worry about it later.

What medical and personal evidence needs to be saved?

Any document related to medical care, insurance coverage, work or vehicle damage could be relevant to a claim. These records show that the economic and noneconomic damages are directly related to the crash.

Save:

emergency room records
diagnosis and treatment notes
photos of injuries
medication lists
work restrictions
missed work records
pain or symptom notes
insurance letters
repair or total-loss documents

Keep the notes simple and accurate rather than guessing about medical causation, fault or long-term prognosis.

Why can prompt attorney action matter?

Fast attorney action matters because video can be overwritten, electronic data can be lost, trucks can be repaired, maintenance records can become harder to obtain and witnesses can become difficult to find.

Counsel can send appropriate preservation requests to responsible parties. Counsel can also identify the motor carrier, trucking company, tractor owner, trailer owner, maintenance provider, shipper, broker, loader and insurers and determine who holds relevant evidence.

Deadlines and preservation issues can move quickly and depend on the facts.

What should you not do after a truck accident?

To avoid complicating any legal claims you end up filing, don’t give a recorded statement without speaking to a lawyer first, sign releases or post details online.

Get medical care as soon as you can to document your injuries and make sure the evidence has been properly preserved and collected instead of relying on the trucking or insurance companies to do it.

How can a Michigan truck accident attorney help preserve evidence?

A Michigan truck accident attorney can take over the evidence work while you focus on treatment.

An attorney can:

identify responsible parties
seek preservation of truck data and video
investigate driver and company records
review maintenance and inspection issues
work with experts when needed
handle insurer communication
determine whether the facts support a claim

For a package-route cargo van, step van, delivery box truck or courier, use Michigan Legal Center’s delivery truck accident page. For a company car, work or service van, employer vehicle, non-semi retail fleet, utility truck, contractor, garbage truck or municipal vehicle, use Michigan Legal Center’s commercial vehicle accident page.

For related information, see Michigan Legal Center’s pages on truck accidents, delivery truck accidents, tanker and hazmat truck accidents and personal injury claims.

Talk to a Michigan truck accident attorney

If you were injured in a Michigan semi-truck, tractor-trailer, 18-wheeler or big-rig crash, contact Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates for a free consultation. Michigan Legal Center can help identify important records and witnesses and seek preservation of video and truck data before they are lost.

Contact Michigan Legal Center to discuss your case.