Can Trucking Companies Destroy Evidence After a Fatal Accident?

Disclaimer: This article is for informational purposes only and is not legal advice. The law governing evidence preservation and trucking litigation is highly nuanced, and every case should be evaluated individually based on its specific facts and the law of the state in which it is filed. Past results do not guarantee future outcomes.

After a fatal truck crash, the trucking company often controls the most important evidence in the case: the driver's logs, the truck's electronic data, the dashcam footage, and the vehicle itself. Families understandably want to know whether that company can simply get rid of it. At Turnbull, Moak & Pendergrass, our lawyers in Alabama, Georgia, and Texas have taken more than 127 cases to trial and secured 116 jury verdicts across 36 states. We have seen how evidence decisions made in the first days after a crash can shape an entire case.

The short answer is that, in most circumstances, a trucking company should not destroy evidence once it knows or reasonably should know that a lawsuit is likely. Federal regulations also require motor carriers to keep many records for set periods. However, some records can be lawfully discarded or overwritten when those periods expire, and electronic data can be lost quickly. Whether a company had a duty to preserve a particular piece of evidence, and what consequences follow if it did not, depends on the facts and the state in which the case is filed.

This article explains what spoliation of evidence means, which records federal law requires trucking companies to keep, and how families can act to protect evidence after a fatal accident.

What Is Spoliation of Evidence?

Spoliation of evidence is the destruction, alteration, or failure to preserve evidence that is relevant to pending or reasonably anticipated litigation. Courts treat spoliation seriously because a party that controls key evidence should not benefit from losing it. In trucking cases, spoliation claims often center on electronic driving data, video footage, and driver records.

Each state defines the duty to preserve a little differently. The standards in the three states where Turnbull, Moak & Pendergrass maintains offices include:

Texas: Under Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014), a party must preserve evidence once it knows or reasonably should know there is a substantial chance a claim will be filed and that the evidence will be material and relevant, as the American Bar Association summarizes. Formal notice of a lawsuit is not always required.
Georgia: In Phillips v. Harmon, 297 Ga. 386 (2015), the Supreme Court of Georgia held that a defendant's duty arises when litigation is reasonably foreseeable to it, not only after a formal demand. The court later discussed that framework when addressing an injured party's own duty to preserve in Cooper Tire & Rubber Co. v. Koch, 303 Ga. 336 (2018).
Alabama: Alabama courts weigh five factors when deciding spoliation sanctions, including the importance of the missing evidence and the culpability of the party that lost it, under Story v. RAJ Properties, Inc., 909 So. 2d 797 (Ala. 2005).

These standards turn heavily on facts, such as what the company knew, when it knew it, and how important the lost evidence was. A court applying the same rule to two different crashes can reach two very different results.

What Evidence Does a Trucking Company Control After a Fatal Crash?

A trucking company typically controls far more evidence after a fatal crash than the victim's family does. Much of it is electronic, and much of it is never visible at the scene. According to the National Highway Traffic Safety Administration, 5,340 people were killed in traffic crashes involving large trucks in 2024, which means this evidence question arises in thousands of cases each year.

Evidence a motor carrier may hold after a crash includes:

Electronic logging device (ELD) data showing the driver's hours of service and duty status
Engine control module (ECM) or event data recorder information, which may capture speed, braking, and throttle data before impact
Dashcam and telematics data, including forward-facing and driver-facing video and GPS tracking
The driver qualification file, including the employment application, driving record, and medical certification
Post-accident drug and alcohol test results
Inspection, repair, and maintenance records for the truck and trailer
Dispatch records, text messages, and phone logs between the driver and the company
Bills of lading and trip documents that can confirm routes and timing
The truck and trailer themselves, including brakes, tires, lights, and cargo securement

Some of this evidence may confirm what happened, while some may contradict the company's account. That tension is exactly why preservation matters.

How Long Does Federal Law Require Trucking Companies to Keep Records?

Record	Minimum Retention Period	Regulation
Records of duty status (including ELD data) and supporting documents	6 months from receipt, plus a separate ELD backup copy for 6 months	49 CFR 395.8(k); FMCSA guidance
Vehicle inspection, repair, and maintenance records	1 year, and 6 months after the vehicle leaves the carrier's control	49 CFR 396.3(c)
Driver qualification file	Duration of employment plus 3 years	49 CFR 391.51
Accident register and related reports	3 years after the accident	49 CFR 390.15(b)
Positive drug and alcohol test records	5 years	49 CFR 382.401

Federal rules also require post-accident testing in fatal crashes. Under49 CFR 382.303, an employer must test a surviving driver for alcohol and controlled substances after a crash involving a loss of human life, within set time windows.

Why Some Evidence Can Disappear Within Days

Some of the most valuable evidence is not covered by a lengthy federal retention rule at all. Dashcam systems may record over older footage on a rolling basis, and stored ECM data can be overwritten if the truck is driven again. A damaged truck may also be repaired, sold, or scrapped. Because these risks can arise quickly, the first days and weeks after a fatal crash are often critical.

When Does a Trucking Company's Duty to Preserve Evidence Begin?

A trucking company’s duty to preserve evidence generally begins when it knows, or reasonably should know, that litigation is likely. That moment may arrive before any lawsuit is filed and before the family sends a letter. Courts look at the circumstances surrounding the crash rather than a single trigger.

In Georgia, for example, Phillips v. Harmon identified several factors courts may weigh when deciding whether litigation was reasonably foreseeable to a defendant, including:

The type and extent of the injury, since severe or fatal injuries may make a claim more foreseeable
Whether the company investigated the incident in anticipation of litigation, rather than for routine internal reasons
How often similar incidents lead to lawsuits, which may signal that a claim is likely

A fatal collision involving a commercial truck may weigh in favor of foreseeability under factors like these, although courts decide the question on a case-by-case basis.

Texas law reaches a similar place by a different route. Once the duty arises, the American Bar Association notes that Texas courts have held that a routine document retention policy will not, by itself, excuse the destruction of evidence. In practice, this means a company cannot simply point to its normal deletion schedule after it should have anticipated a claim.

What Happens if a Trucking Company Destroys Evidence?

If a court finds that a trucking company failed to preserve evidence it had a duty to keep, the court may impose a remedy. Those remedies are not automatic, and judges generally have broad discretion to match the remedy to the conduct and the harm. Possible consequences include:

A spoliation or adverse inference instruction, which may allow the jury to presume the missing evidence would have been unfavorable to the company
Exclusion of evidence or testimony, such as barring the company from offering its own expert opinions about the lost evidence
Monetary sanctions, including attorney's fees tied to the misconduct
Striking pleadings or entering judgment, which courts typically reserve for the most serious cases

The standards differ by court. In Texas, Brookshire Bros. generally limits a spoliation instruction to intentional destruction, or to negligent loss that irreparably deprives the other side of a meaningful ability to present its claim. Georgia courts may draw on a statutory presumption, O.C.G.A. § 24-14-22, against a party that fails to produce evidence within its control. Alabama courts apply the five-factor analysis from Story.

In federal court, Federal Rule of Civil Procedure 37(e) governs the discovery of electronically stored information, such as ELD or telematics data. The most severe measures under that rule generally require a finding that the party acted with intent to deprive the other side of the information.

How a Preservation Letter Helps Protect Evidence in Alabama, Georgia, and Texas

A preservation letter, sometimes called a spoliation letter, is a written notice telling a trucking company to keep specific evidence related to a crash. It does not, by itself, create a duty to preserve in every case, but it can remove doubt about whether the company knew litigation was likely. That clarity can matter later if evidence goes missing.

An effective preservation letter is specific. It typically identifies the crash, the truck and trailer, and the driver, then lists the categories of evidence the company should keep, such as:

Electronic logging device (ELD) data covering the driver’s hours of service
Engine control module (ECM) downloads showing speed, braking, and other pre-crash data
Video footage from dashcams and other onboard cameras
Dispatch communications, including texts, calls, and messages with the driver
Maintenance files for the truck and trailer

The letter may also ask the company not to repair, sell, or salvage the vehicle until it can be inspected.

When a letter may not be enough, attorneys can ask a court for help. Depending on the circumstances, that may include an agreed inspection protocol or a court order requiring the company to hold the truck and its data. Whether a court grants that relief depends on the facts and the rules of the court where the request is filed.

Steps Families Can Take to Protect Evidence After a Fatal Truck Accident

Families can take several practical steps to help protect evidence while they grieve. None of these steps require confronting the trucking company directly. Helpful actions include:

Request the crash report from the investigating law enforcement agency once it becomes available.
Keep everything you already have, including photos, videos, texts, and witness names.
Preserve your loved one's vehicle and personal items rather than releasing them for salvage.
Avoid giving recorded statements to the trucking company's insurer before speaking with an attorney.
Speak with a truck accident attorney early so that preservation letters can be sent while the most time-sensitive evidence is still available.

Every family's situation is different, and the right steps may depend on where the crash happened and who was involved.

How Turnbull, Moak & Pendergrass Approaches Evidence in Fatal Truck Accident Cases

Turnbull, Moak & Pendergrass prepares every case for trial from day one, and in trucking cases that preparation starts with the evidence. Our attorneys are licensed in 10 states, have secured verdicts of up to $37 million, and bring the resources to fully fund complex litigation against motor carriers and their insurers. Partner Brett Turnbull alone has taken 70 jury trials to verdict across four states.

If you lost a loved one in a crash involving a commercial truck, a truck accident lawyer on our team in Alabama, Georgia, or Texas can review what happened, identify the evidence at stake, and explain your options. We handle these cases on a contingency fee basis. Contact Turnbull, Moak & Pendergrass to schedule a free case evaluation.

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