Trucking Company Deleted Crash Data? Act Quickly.

Worried that a trucking company deleted crash data in Georgia? A preservation letter is the first written step to ask the company to keep that evidence. It is a formal demand that the carrier, its insurer and its agents hold on to specific records from the crash. This page explains which records matter, how long federal rules require some of them to be kept, and why timing matters.

What a preservation letter is and why it matters after a Georgia truck crash

A preservation letter is a written demand that a trucking company, its insurer and its agents keep specific records and physical evidence from a crash. It names the items to keep. It may name the truck, the driver, the trip and the dates.

The letter does two practical things. It tells the company that the records may be needed in a claim or lawsuit. It also creates a written record that the company was asked to keep them. That record matters if something goes missing later.

A letter is a notice, not a lock. It does not stop a computer from writing over video on its own schedule. That is why the items named in the letter matter so much. A vague request for “all records” is easy to answer with a small stack of papers. A specific request is much harder to ignore.

For a broader overview of these claims, read truck accident claims in Georgia.

Crash records a trucking company may hold

A trucking company may hold several kinds of crash records. Each one can support or contradict what the driver and the company say later.

• Engine control module (ECM) data. The ECM, often called a “black box,” can store how the truck was running around a crash, such as speed and braking.
• Dashcam video. Forward-facing and cab-facing cameras often record over themselves in a loop. Footage is lost unless someone saves it.
• Driver logs and ELD data. An electronic logging device (ELD) automatically records the date, time, truck location, engine hours, vehicle miles, and driver and vehicle identification. The federal electronic logging device rule at § 395.26 states that an ELD automatically records the date; the time; CMV geographic location information; engine hours; vehicle miles; driver or authenticated user identification data; vehicle identification data; and motor carrier identification data.
• Supporting documents. Federal rules list categories such as bills of lading, dispatch or trip records, fleet messages, fuel and expense receipts, and payroll records. Under § 395.11, except for drivers of a private motor carrier of passengers (nonbusiness), a driver must submit supporting documents to the employer within 13 days after the 24-hour period they pertain to or the day the document comes into the driver’s possession, whichever is later.
• Other business records. GPS and telematics data, toll receipts, maintenance and inspection records, and the accident register entry for the crash.

Each category can be compared with the others. An ELD location and time can be checked against a fuel receipt. A dispatch message can show what the driver was told about the schedule. A maintenance record can show whether a problem was reported before the wreck. Missing any one of these can leave a gap in the story.

How long federal rules require carriers to keep these records

Federal rules set minimum keep times for some records, and those minimums are shorter than many people expect. A carrier must keep records of duty status and supporting documents for each driver for at least six months from the date of receipt. Under § 395.8, a motor carrier subject to this part must require each driver to record the driver’s duty status for each 24-hour period, and carriers operating commercial motor vehicles must install and require the use of an ELD, subject to the exceptions in that section.

Carriers must also keep an accident register for three years after each accident. The federal accident-records rule at § 390.15 requires each motor carrier and intermodal equipment provider to make all records and information pertaining to an accident available to an authorized representative within such time as the request or investigation may specify, and it requires motor carriers to maintain an accident register for 3 years after the date of each accident. The register must list the date, the city or town and state, the driver’s name, and the number of injuries and fatalities. It must also include copies of accident reports that state agencies or insurers require.

These periods are a floor, not a promise that every item will survive. After the required periods end, records may be destroyed at the discretion of each company’s management. The federal record-preservation rule at § 379.3 states that companies subject to that part shall retain records for the minimum retention periods provided in its appendix A, and that a company may request a ruling from the Secretary on the retention of any record.

The six-month rule covers duty-status records and supporting documents.

When Georgia law treats a duty to preserve evidence as triggered

Lawyers call the loss or destruction of evidence “spoliation.” In plain terms, it means a party let evidence that could matter to a claim disappear. This can happen when a file is deleted, a part is thrown away, or video is recorded over after the company knew a claim was coming.

A crash with injuries or a death can make it clear that a claim is likely. A written demand removes much of the guesswork. Once a company has a letter naming the video and logs, it is harder to say later that it did not know those items mattered.

Why timing matters: overwritten video, short retention and the Georgia filing deadline

Timing matters because looped video can be overwritten quickly, sometimes before anyone thinks to ask for it.

Georgia generally requires a personal injury lawsuit to be filed within two years after the right of action accrues. The statute includes exceptions, so the period can differ in some cases. For example, the same statute gives four years for loss of consortium claims.

The sooner the records are named in writing, the easier it is to show what the company had and when it had it. Waiting can leave less time to act on what the records show. For how hours-of-service records are used after a crash, read truck driver fatigue and hours-of-service crashes.

What falsified or missing logs can reveal

Driver logs can be checked against other records to see whether the recorded hours match where the truck was. This cross-check is one of the most useful parts of a claim.

Federal rules set limits here. A carrier must not alter or erase the original hours-of-service information, the source data, or ELD information that uses it. The federal ELD rule at § 395.30 states that a driver and the motor carrier must ensure that the driver’s ELD records are accurate, and that the driver must review those records, edit and correct inaccurate records, enter any missing information, and certify the records by affirmatively selecting “Agree” in the ELD’s certification function. A driver or carrier also may not make a false report about duty status. Under the federal driver duty status rules, a motor carrier subject to the requirements of this part must require each driver to record the driver’s duty status for each 24-hour period, using the method prescribed in that section. A carrier may not make a fraudulent or intentionally false entry on a record it must keep. Under the federal motor carrier rules on false records, a motor carrier, its agents, officers, representatives, or employees may not make or cause to make a fraudulent or intentionally false statement or entry on any required application, certificate, report, or record, or reproduce such a record for fraudulent purposes.

For example, a log might show a driver resting in one town while a toll record or fuel receipt places the truck somewhere else. Gaps like that can matter in a claim.

If records appear missing or changed, name them in the preservation request by type and date range. That puts the gap on paper and makes it easier to ask about later.

What a preservation letter typically identifies

A useful preservation letter names the crash, the truck, the driver and the records. It should be specific enough that the recipient knows exactly what to keep.

Common details include the date and location of the crash, including the city, county and state. They also include the truck’s unit number or VIN and the carrier’s USDOT number when known. The driver’s name and the categories of records belong in the letter too. Those categories often include ECM data, video, ELD data, supporting documents, maintenance records and the accident register entry.

The date range commonly covers the trip, the carrier’s inspection and maintenance history, and the period after the crash. The Georgia crash report also matters.

Letters are often sent to the carrier, its insurer and any outside vendor that stores its data. Each may hold different records.

Steps families and injured people often take in the first days after a truck crash

Writing things down early helps most. Memories fade quickly, and details can be hard to rebuild later.

• Write down the crash details, the company name on the truck, the unit number if visible, and any witness contact information.
• Keep medical records, photos of the scene and vehicles, and any letters from the company or its insurer.
• Note who said what, and when, during any calls with the company or its insurer.
• Avoid posting about the crash or the injuries on social media. Posts can be used in a claim.

A lawyer can name the records in a formal written demand. That is different from a general request for information, and the difference can matter once the company knows a claim is possible.

Georgia locations for truck crash claims

T. Madden & Associates, P.C. has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta. The firm handles truck accident claims alongside its other personal injury matters.

For local context, see Clayton County truck accident claims and Jonesboro truck accident claims.

Talk with Terance Madden about the crash records

Terance Madden can talk with you about how crash records can be identified and requested in writing. He has practiced law since 1999.

Common questions