A commercial truck crash is investigated by the trucking company’s insurer and often a rapid-response team within hours. They are not there to help you. Here is the evidence they already know about, and that you need to lock down.
Electronic logging device (ELD) data
Federal rules require most commercial drivers to log hours of service electronically. The ELD shows when the driver started, how long they had been on the road, and whether they were over the legal limit at the time of the crash. Carriers are only required to keep this data for six months, and some systems overwrite far sooner.
Engine control module (ECM) downloads
The truck’s “black box” records speed, braking, throttle, and sometimes steering in the seconds before a collision. If the truck is repaired or put back into service, that data can be lost.
Dash cameras and telematics
Many fleets run forward- and driver-facing cameras tied to systems like Samsara, Lytx, or Omnitracs. Video retention is often measured in days unless someone flags the event.
Driver qualification and training files
The carrier’s file on the driver, including the medical card, drug and alcohol testing history, prior violations, and training records, shows whether the company should have had that driver on the road at all.
Maintenance and inspection records
Brake, tire, and lighting defects are common in serious crashes. Pre-trip inspection reports and maintenance logs establish whether the carrier was keeping the truck safe.
How a preservation letter works
A spoliation, or preservation, letter is a formal demand to the carrier and its insurer to retain specific categories of evidence. Once it is received, destroying that evidence can lead to court sanctions and an instruction to the jury that the missing evidence would have hurt the carrier’s case. We send these letters immediately when we are retained on a trucking case, and we follow with a request to inspect the truck before it is repaired.
Why this matters for your recovery
Commercial policies often carry $1 million or more in coverage, and layered excess policies above that. Carriers fight hard precisely because the exposure is large. The difference between a case with the ELD and ECM data and a case without it is often the difference between a fair settlement and a dispute over who was at fault. Call as soon as you are medically able.
This article is general information about Indiana law, not legal advice about your situation. Laws change and every case is different. Talk to a lawyer about the facts of your case.