Truck Accident Lawyer Georgia: How Long Logs Are Kept

How long do trucking companies keep logs after a crash? Federal rules set a minimum of six months for driver logs and supporting documents, and three years for the accident register. Those periods are short, so timing matters. This page explains each clock, what the federal rules say, and what to do now.

What the federal rule says about driver logs

Trucking companies must keep driver logs for at least six months. The federal duty status rule requires a motor carrier to keep each driver’s records for not less than six months from the date of receipt.

A driver’s record of duty status shows how the driver spent each 24-hour period. It records driving time, time on duty but not driving, and rest. Carriers must install and require each driver to use an electronic logging device (ELD) to record duty status. A paper log on a set grid is allowed only in the limited cases where the rules permit manual recording under 49 C.F.R. § 395.8(a)(1)(ii). That detail also helps show how long a driver had been working before a crash.

Supporting documents follow the same six-month clock. The supporting documents rule names bills of lading, dispatch records, expense receipts, electronic mobile messages and payroll records. Those papers help confirm what the logs say.

The ELD data rule bars a motor carrier from altering or erasing the original hours-of-service information.

After the required retention periods, the records retention rule lets each company’s management decide whether to destroy the records, but this does not excuse compliance with any other governmental body’s longer retention periods. Under 49 C.F.R. § 379.3, companies must keep records for the minimum retention periods in appendix A to that part. After those periods, the records may be destroyed at the discretion of each company’s management.

Accident register records last longer

Carriers must keep an accident register for three years after each accident. The accident register rule requires each entry to show the crash date, the nearest city or town and state, the driver’s name, the number of injuries and fatalities, and whether hazardous materials were released.

Carriers must also keep copies of accident reports required by state agencies or insurers. They must give authorized investigators the records and reasonable help with an accident investigation.

Don’t assume every record lasts the same time. The register runs three years, while driver logs run six months. A claim built on the register alone can miss the logs if no one asks for them early.

Dash cam video follows the carrier’s own policy

Many camera systems record over older footage on a loop. Footage nobody saves can be overwritten without anyone choosing to delete it.

Whether footage still exists depends on the facts. It depends on whether the company saved it, when it saved it, and what happened after the crash. Video is one source. Truck telematics, dispatch messages and the driver’s phone records can matter too.

The FMCSA testing rules describe which tests are required and when. Those test records are worth asking about in any truck crash claim.

Why early contact and a preservation demand matter

A preservation demand is a written request asking the trucking company and its insurer to keep specific evidence. It is not a lawsuit. It puts the request on paper, with a date, so the company knows what to keep.

Early contact matters because short log windows and overwritten video can remove evidence before a lawsuit is filed. A demand sent soon after the crash reaches records that are still in place.

Ask the company to keep driver logs and ELD data, supporting documents, dispatch and messaging records, dash cam and onboard video, maintenance and inspection files, drug and alcohol test results, and the accident register entry.

Keep your own records too. Take photos of the scene, the vehicles and your injuries. Write down the police report number. Save medical bills, and get names and phone numbers of witnesses. Write down what you remember while it’s fresh.

Georgia’s filing deadline is a separate clock

Georgia’s general deadline for injury lawsuits is two years, under O.C.G.A. § 9-3-33, with exceptions.

The statute says actions for injuries to the person must be brought within two years after the right of action accrues. It sets a shorter one-year period for injuries to reputation and a four-year period for loss of consortium claims.

Records and filing deadlines run on separate clocks. Federal records periods run six months to three years. The Georgia filing clock is separate from both. Waiting for records to surface can use up time you need to file.

Talk with T. Madden & Associates, P.C. about your crash

If a commercial truck crash hurt you or a family member, the company’s records may not wait for you. The firm’s responsible lawyer for this page is Terance Madden. Terance Madden has been in practice since 1999. It has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.

The firm handles cases on a no fee unless we win basis, but you may still be responsible for court costs and case expenses. The first consultation is free, confidential and comes with no obligation to continue. For more on Georgia truck crash claims, read our Georgia truck accident guide.

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