What Happens If a Trucking Company Destroys or “Loses” Driver Logs After a Crash?

In the immediate aftermath of any type of vehicle crash, the collection of evidence begins. It typically starts with taking photos of the accident scene. When a truck is involved, there is additional evidence to collect from the many electronic recording devices. What happens if a trucking company destroys or “loses” those driver logs after a crash?

It can trigger severe legal consequences and increase the likelihood that the company will be liable for damages.

Getting a hold of crucial evidence after a car accident can be challenging for victims.

That’s when an experienced Reno truck accident attorney can intervene and take proactive steps to secure that valuable evidence and use it to fortify any claim against the truck driver and the company.

If you’ve been involved in an accident with a truck, you might be dealing with injuries and getting your car fixed. You also have to consider locking down that evidence.

The Law Office of Matthew L. Sharp can be your advocate.

Why Do Records Matter?

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that is responsible for regulating the commercial trucking industry. That includes mandating the driver’s Hours-of-Service (HOS). These records are recorded on Electronic Logging Devices (ELDs).

Why do HOS records matter?

Those records can establish if the driver has exceeded the 11-hour driving limit. That could lead to driver fatigue. It might also establish that a trucking company exerted undue pressure on the driver to push beyond the limits in order to make up time.

Additionally, the longer a truck is on the road, the more likely it is to develop mechanical issues.

Vital Black Box Data

In addition to the HOS logs, commercial truck drivers are also required to maintain and record data on an Electronic Control Module (ECM). This is the same type of “black box” data collection that is found on aircraft. This data is supposed to be maintained by the truck owner and can collect the following information:

• Vehicle Speed and Performance: The ECM can collect real-time and historical vehicle speed, engine RPM, and engine load.
• Driver Behavior: If a truck driver engages in hard braking, rapid acceleration, repeated use of cruise control, and unhooked seat belts, it will be recorded.
• Engine and Mechanical Health: All of the engine fault codes, diagnostic trouble codes (DTCs), and maintenance alerts will be collected.
• Operational Data: The ECM also collects the truck’s fuel consumption, engine hours, and idle time.

Most importantly, the ECM records all the pertinent data that occurred during the “last stop,” including a crash event. That can include the speed and any braking activity in the moments right before the collision.

How Trucking Companies Legally Destroy Evidence and When It Becomes Illegal

Because of the vast amount of data collected by a truck’s Electronic Control Module and Electronic Logging Device, it is not feasible to hold onto that data. Because of that, the Federal Motor Carrier Safety Administration stipulates that companies are only required to keep certain records for specific timeframes.

Once these periods expire, they may legally delete them.

These are the limits:

• Driver Logs: 6 months.
• Maintenance Records: 1 year while in service, and 6 months after the vehicle leaves the fleet.
• Driver Vehicle Inspection Reports (DVIRs): 90 days.
• Drug/Alcohol Test Results: 1 year for negative results. 5 years for positive results or refusals.
• Electronic Data: Most ECMs overwrite data every 30 days or less unless manually saved.

When a trucking company deletes data from those FMCSA regulations, it can have serious repercussions for the company. After a major crash, there has to be a reasonable anticipation of litigation. Translation: The trucking company should not delete any records.

If a company deletes records after getting a subpoena, it can be considered a felony in many jurisdictions.

The Importance of a Spoliation Letter

When you get involved in an accident with a truck, it is vital that you gather all the relevant data that will support your claim. If you call a trucking company asking for data, you might meet with resistance. That changes when your lawyer sends a spoliation letter.

A spoliation letter puts the trucking company on notice that it must preserve all the data related to the incident. That letter creates a legal duty for the company not only to save the data but also to turn it over. That evidence can reveal how the truck was operating at the moments leading up to the crash, thereby establishing who was at fault.

There can be additional company records that provide information about the driver’s history with regard to drug test results, traffic violations, and certification. That could help establish a pattern of negligence.

If data is still destroyed after the spoliation letter is issued, the courts can apply “adverse inference.” That is a fancy legal way of saying, “You must be guilty if you’re destroying evidence that can prove you’re innocent.”

How a Truck Accident Attorney Protects Your Interests

Your testimony after a truck accident will speak to how you’ve been impacted by the incident. You’ll be able to describe how the injuries have disrupted your life and the financial burdens they have placed on your family. What you might not be able to testify to are the truck driver’s actions leading up to the crash.

That’s what the recorded data can reveal and why you need a skilled truck accident attorney to step in as your advocate.

The Law Office of Matthew L. Sharp has helped many clients involved in crashes with commercial vehicles. If we agree to work together, we’ll immediately send out a spoliation letter to the trucking company to preserve all related evidence. An accident with a truck can involve several parties who can be held liable for the incident.

We’ll use all of our investigative skills to identify the at-fault entities and hold them accountable.

Once we’ve analyzed the evidence that clearly establishes fault, we will open negotiations with the truck company’s insurance carrier to work out a fair settlement. Our experience has taught us to look out for any incidents of an insurance carrier acting in bad faith.

We’ll be ready to take on those challenges in the pursuit of the maximum benefits you’re allowed.

Reach out to the Law Office of Matthew L. Sharp today to schedule your free consultation. We can answer your questions and discuss a potential plan to move forward and secure the compensation you deserve.