When Missing ELD and Dashcam Data Leads to Bad Faith in Truck Accident Claims

After being involved in a truck accident in Reno, you should assume that digital trucking data will make or break the claim and act immediately to preserve it. A crash often triggers an instant response from the trucking company and its insurer, and that response is usually focused on controlling evidence.

If you wait for an insurance adjuster to “collect everything,” you may learn later you’re facing missing Electronic Logging Device (ELD) data, lost video, or a denied truck accident claim built around convenient gaps.

The Role of ELD and Dashcam Data in Trucking Litigation

ELD and dashcam data are key because they can show how the truck was driven, whether the driver was fatigued, and whether the carrier’s story matches reality. In plain terms, an Electronic Logging Device record can prove hours, rest breaks, and driving time, while dashcams and onboard telematics can show what the driver saw, when they braked, and how fast the rig was moving.

ELDs track records of duty status and related information that can confirm or contradict a carrier’s explanation for why the crash happened. FMCSA guidance and regulations require motor carriers to keep ELD duty status records and supporting documents for six months, which means the window to secure this information is limited.

When a claim involves fatigue or deadline pressure, missing ELD data becomes a red flag because it removes the cleanest way to test whether the driver exceeded legal limits.

Black box style data, often referred to as engine control module data or event data recorder information, can also be central. Black box data may reveal speed, throttle position, brake application, sudden deceleration events, and fault codes.

When the defense argues “the car stopped suddenly,” this data can confirm whether the truck was already traveling too fast, too close, or had been going too long without braking.

Federal Retention Requirements for Trucking Evidence

Federal law requires carriers to retain certain records for specific time periods, and those minimums create a baseline that your lawyer can use when demanding preservation. The most important practical deadlines involve duty status records, supporting documents, and crash registers, because these materials establish compliance patterns and provide a roadmap to other evidence.

Once a crash happens, the carrier has a duty to preserve relevant evidence, even if the federal minimum retention period would otherwise allow routine deletion.

That’s where spoliation issues start.

When Missing Evidence Signals Insurance Bad Faith

Missing evidence can be a sign of truck accident bad faith when the insurer or its agents have control of key information and unreasonably fail to obtain, preserve, or disclose it while using the absence to deny or underpay the claim.

Of course, not every missing file means misconduct, but patterns do matter, especially when an insurer is quick to say “there’s no proof” while it had access to the very proof that went missing.

Bad faith themes often show up in a few recognizable ways:

• Delays in assigning an insurance investigator until after video overwrites
• Accepting the trucking company’s statement of “no data available” without following up, even though backup ELD records are expected to exist for six months under FMCSA guidance
• Selectively gathering evidence. For example, collecting statements favorable to the driver while ignoring witnesses who contradict the defense narrative

A denied truck accident claim built on “lack of evidence” is especially suspicious when the carrier’s systems should have produced evidence. If a truck had outward-facing cameras, telematics, and electronic logs, a total absence of records requires a real explanation.

That’s why missing ELD data becomes more than a technical problem; it becomes a credibility problem.

How Insurers Use Data Gaps to Devalue Your Claim

Insurers use gaps in data to create uncertainty because it gives them negotiating leverage and lets them argue “shared fault” without proving it. When the actual records are missing, adjusters can lean on assumptions, stereotypes, and selective witness statements to reduce value, especially in a commercial vehicle accident claim with serious potential damages.

Here’s how the playbook usually looks:

1.       The adjuster claims the crash is a “word-for-word” dispute because the video is missing.

2.       The defense may argue that you stopped suddenly, cut in, or were in a blind spot, then uses the absence of dashcam evidence to justify reductions in liability.

3.       The carrier suggests fatigue was not an issue because there is no evidence of hours-of-service violations, even though missing ELD data prevents anyone from verifying compliance.

Data gaps can also change how medical damages are treated. Insurers often challenge treatment as excessive, argue that injuries were preexisting, and slow down payments.

Damages that insurers commonly try to discount in truck cases include:

• Emergency care, hospitalization, surgery, and follow-up treatment
• Physical therapy, rehab, medication, and future medical needs
• Lost income, reduced earning capacity, and missed job benefits
• Pain and suffering, emotional distress, and sleep disruption
• Vehicle loss, towing, rental costs, and personal property damage

When the value of your claim depends on clear fault, preserving digital records becomes a financial priority, not just a technical detail.

Legal Consequences of Evidence Spoliation in Nevada

Nevada describes spoliation as a failure to preserve material evidence that a party knows, or reasonably should know, is relevant to actual or anticipated litigation.

Nevada cases also recognize adverse inference consequences in spoliation contexts, including the idea that a court may instruct jurors that missing evidence would have been unfavorable under certain circumstances.

This is where a Nevada insurance bad-faith attorney or a Reno truck-accident lawyer may become relevant, even in an out-of-state crash. If an insurer’s claim handling, discovery fights, or subpoena enforcement is tied to Nevada entities or Nevada litigation, Nevada spoliation principles can shape remedies.

Steps to Preserve Digital Evidence After a Truck Crash

To preserve digital evidence after a truck crash, you need to act fast, documenting what exists, and sending targeted preservation demands to the right parties. If you rely on the trucking company or insurer to do this voluntarily, you’ll likely lose the timing advantage, and timing is everything when systems overwrite data.

Start with what you control:

• Take photos and save dashcam footage from your vehicle if you have it, save phone location data, and any texts or calls related to the crash timeline as well
• Write down everything you remember about the truck, including company name, logos, DOT number, trailer number, and any visible markings
• If you’re physically able, note nearby businesses, intersections, and public cameras that might have captured the crash

Then move to formal preservation. A preservation letter should identify specific categories of evidence and demand that the carrier and insurer suspend routine deletion.

Proving Bad Faith Through Investigative Discovery

You can prove truck accident bad faith by showing the insurer acted unreasonably in investigating, evaluating, or paying the claim, especially when it controlled evidence and then used gaps against you.

Discovery is where you stop guessing and start checking on what the insurer did, when it did it, and why.

In a bad-faith-focused investigation, you’re typically looking for internal claim notes, timeline records, adjuster training materials, vendor communications, reserve-setting history, and documentation of investigative decisions.

If the record shows the insurer created a gap, or benefited from a gap it failed to fix, your case can shift from a routine liability dispute into a stronger issue of misconduct.

FAQ Section (People Also Ask)

Q1: Can an insurance company deny a claim if dashcam footage is missing?

A: Yes, insurers often attempt to deny claims by citing a lack of evidence or claiming the footage was never recorded. However, if the trucking company had a duty to preserve that data, the ‘missing’ footage may actually support a bad-faith claim or lead to legal penalties against the insurer. An experienced attorney can help you prove that the data should have existed and was improperly handled.

Q2: How long are trucking companies required to keep ELD records?

A: Under FMCSA regulation 49 CFR § 395.8, motor carriers must generally retain ELD records and supporting documents for at least six months. If a serious accident occurs, a spoliation letter should be sent immediately to ensure this data is preserved beyond the standard window for use in legal proceedings.

Q3: What is evidence spoliation in a truck accident case?

A: Evidence spoliation refers to the intentional or negligent destruction, alteration, or failure to preserve evidence relevant to a legal investigation. In truck accident cases, this often involves deleting dashcam video or purging ELD logs to hide driver fatigue or speeding. In Nevada, if spoliation is proven, the court may instruct the jury to assume the missing evidence would have been unfavorable to the trucking company.

Q4: What should I do if the trucking company claims their ELD malfunctioned?

A: If a trucking company claims a technical malfunction, you should immediately have your lawyer demand maintenance logs and manufacturer reports for the device. These records can verify if a malfunction actually occurred or if the company is using it as a pretext to hide incriminating data. Forensic digital experts can often determine if data was manually deleted or if a system failure truly took place.

The Law Office of Matthew L. Sharp Advocates for Victims of Insurance Bad Faith

If you’ve been in an accident with a truck in Nevada, the most practical evidence lesson is simple: digital records disappear faster than most people think, and the defense benefits when they do. If you’re figuring out what to do after a semi truck crash, treat the first days as a preservation sprint, not an insurance paperwork phase.

The bottom line is that evidence drives leverage. If you preserve the data, you force the claim to be valued on facts, not gaps, and you put yourself in a better position to challenge a low offer, a delay strategy, or a denied truck accident claim that never should’ve been denied in the first place.

Contact us to learn how we can help.