Evidence That Disappears After a Truck Crash

Records with short retention windows

Federal regulations set minimum retention periods rather than permanent ones. Once a period lapses, a carrier can destroy records in the ordinary course of business.

• Hours-of-service supporting documents — six months under 49 C.F.R. § 395.11
• Driver vehicle inspection reports — three months under 49 C.F.R. § 396.11
• Telematics and dashcam footage — often overwritten on a rolling basis by the vendor

Physical evidence moves fast

Vehicles are repaired, released or scrapped. Cargo is redelivered. Roadway debris and skid evidence is cleared within hours. Photographs taken at the scene by anyone present often become the only record of the original position of the vehicles.

What a preservation letter does

A spoliation or preservation letter puts the carrier and its insurer on notice that specific categories of evidence must be retained. It does not create liability by itself, but destroying evidence after notice can carry consequences in litigation.