When you’ve been involved in a serious truck accident, the hours immediately following the crash are overwhelming. You’re dealing with injuries, talking to police officers, or perhaps receiving life-saving medical treatment. You feel the “fog of war” and you are trying to process what just happened. The last thing on your mind is preserving evidence for a potential lawsuit.
But here’s the hard truth: the most critical evidence in your truck accident case can disappear within the first 48 hours. Some evidence may disappear even quicker. That’s why you must take immediate action to preserve it.
As Virginia’s only board-certified truck accident attorney, I’ve seen too many cases where victims lost the ability to prove their case simply because crucial evidence was destroyed, overwritten, or “lost” before anyone thought to preserve it. Trucking companies know exactly what evidence can hurt them. They will respond immediately to a crash and may try to make that evidence disappear as quickly as legally possible.
Some companies will destroy or conceal evidence even when it’s not legal.
If you would like to see a video from my YouTube channel that explains what happens in the first 48 hours after a crash and what you can do to protect evidence:
Video Transcript: The Critical First 48 Hours After a Truck Crash
Watch as Virginia’s only board-certified truck accident attorney explains why evidence preservation in the first 48 hours can make or break your case—and what you need to do immediately to protect your rights.
Click to Read Full Video Transcript
Why the First 48 Hours Are Critical
The first 48 hours after a truck crash are critically important. There’s evidence that can help prove your case, which might be worth millions upon millions of dollars, that will be lost or even destroyed unless you take action in those first 48 hours.
Hi, I’m Bob Byrne and I’m Virginia’s first and only board-certified truck accident lawyer. Today, I want to talk to you about why the first 48 hours after a truck crash are so important and what you can do to protect your rights and to preserve evidence that’s critically important for you. So, let’s dive right in.
Truck Crashes Are Different: Electronic Evidence Systems
If you’ve been around my channel before, you’ve heard me say that truck crashes are always completely different than car accident cases. One of the reasons why is that commercial trucks have systems on them that record just about everything that happens.
And those could be systems that are built into the truck like a black box. It could be something that applies to a driver like electronic logging devices. Or it could be something that applies to the trucking industry like telematics systems.
Now these various systems, either alone or together, can tell a story of what was happening with the truck leading up to a crash. They can also give insight into what happened days, weeks, or even months before this crash. And all of that evidence can be used to help your case.
This data can show hours of service violations, whether the truck was maintained and running properly, whether the driver applied brakes in time to stop or avoid a collision.
The Problem: Evidence Disappears Quickly
So while that evidence can be so important and valuable to proving your case, there’s a big problem. And the problem is that some of that evidence exists in very small windows and may exist only temporarily.
And it’s critically important that you do everything you can to try to preserve and save that evidence and protect it from being destroyed or overwritten.
Type #1: Electronic Logging Device Data (ELD)
First and foremost, we want to look at electronic logging data that may exist. Federal regulations require truck drivers to maintain records that show when they’re driving, how long they’re driving, and how long they’re taking their rests. And so, this is called hours of service data.
And there’s a bunch of hours of service rules because the federal regulations recognize that truck drivers oftentimes drive too long. And when they drive too long, they’re fatigued. They may get ill. They may get distracted more often. And then that could cause them to fall asleep or not pay attention. And that is what causes so many crashes.
The Critical Timing Issue:
Now, this data needs to be kept electronically. But one of the problems is that the data may only be on the device for eight or so days. So even waiting for a week may be too long to save that data.
Now, we’ve had cases where we’ve used the electronic logging data to prove that a driver was driving well in excess of the number of hours that they’re permitted to drive each day. And we’ve used that to create circumstantial evidence that they were ill or they fell asleep. And that’s what caused them to lose control of their vehicle and crash.
And it’s so important to have that information because motor carriers and truck drivers will rely upon defenses like sudden medical emergency and they’ll claim that they didn’t fall asleep, but they instead had some sort of a medical event that caused them to lose control of their vehicle.
And if you have the electronic logs and all of that data, you can show that they violated the hours of service requirements and that that is what most likely caused the crash in question.
Type #2: Vehicle Black Box Data
A second item of evidence that’s critical to get as soon as possible is the vehicle’s black box data. So, just like airplanes, most trucks on the road today have event data recorders or black boxes installed in them.
And this is going to give a lot of information such as when the brakes were applied, what the speed was, what the throttle percentage was. It might provide information about steering inputs and other valuable data about the engine.
This information can be overwritten if there’s, say, a hard braking event or perhaps with the passage of time. And so it’s so important to try to get that information preserved as quickly as possible so that you can get someone to do a download to make sure that that data is not overwritten.
Type #3: Video Footage
The third type of evidence that can quickly disappear is video footage. And video footage can come from a variety of different sources.
Truck-Mounted Cameras:
A lot of trucks today will either have factory-mounted cameras or they will install cameras after the fact on trucks and those will record what’s going on in front of the truck. And many trucks also have driver-facing cameras that show what is happening inside the cab leading up to the crash and as the crash is occurring.
The problem is it can be expensive to maintain all of this data, especially since a lot of it may not necessarily be related to a crash and it’s just someone driving down the highway. You want to make sure that preservation letters are sent to the owner of the data, also the owner of the cameras, the owner of the truck, so that the data is not overwritten or deleted.
Other Video Sources:
You also want to think about the fact that many surrounding businesses or other drivers are going to have footage also. They may have dash cam footage. They may have Ring doorbell footage.
We’ve relied upon all of those different types of video footage to help us in some very major cases, but that’s not going to stick around forever. And so it’s important that you have an attorney who’s going to act quickly to locate those cameras, those devices, and to make sure that all deletion systems and processes are suspended so that that can be gathered and maintained.
Type #4: The Vehicles Themselves
The fourth type of evidence that you want to secure just as quickly as possible is the truck itself and the car that was involved in the collision.
Truck crashes are going to be hard-fought cases and there’s likely going to be forensic evidence on the truck itself, even if it’s drivable after the crash. There could be paint marks or scuff marks or dents and those can match up with the vehicle and those can help tell a story along with the road markings to figure out exactly who is at fault.
You can figure out where a crash occurred. You might be able to figure out what direction the vehicles were headed and you can get a whole lot of information, but it’s vital to arrange for an inspection of the truck and the car that were involved in the collision because otherwise those could be put back in service and evidence can be lost.
Type #5: Communications and Activity Logs
A fifth type of evidence that is incredibly important to get would be activity logs either for the driver or for the company so that you could see exactly what was going on.
We want to get correspondence, text messages, emails, other written communications that may exist and we want to make sure that those are maintained and those are kept safe.
A Real Example:
I literally one time had a case where a truck driver claimed in litigation that he did not remember what his cell phone number was on the date of the crash and he did not know who his cell phone provider was.
Now, that obviously told us that he had been making calls and using his phone in ways he should not have been using it. And so, it’s important that you act quickly to try to secure that information and as much of that as possible. We were able to get around that in that particular case and use that as a sword. But it just goes to show you how this evidence is treated by the defense and you need to act quickly.
The Defense Has Rapid Response Teams
In case you think I’m exaggerating about how important it is to act quickly, one thing you can do is Google “trucking rapid response teams.”
You will find law firms that represent the trucking industry, that represent trucking companies and big insurance companies, and they will market their ability to put a team together that will respond rapidly to a crash day or night, any time of the day, no matter what, anywhere in the country.
And that just goes to show you they are saying we will get there and we will start working on your defense and gathering the evidence and sifting through everything immediately even before the crash scene is cleared.
That’s how the defense and how the trucking industry and how the insurance companies are approaching these cases. And you don’t have that sophistication if you’re in a crash or maybe if you’re even an attorney who’s never handled a trucking crash case before. You don’t have those resources. You don’t have that know-how. You cannot compete with that.
And that’s why it’s incredibly important to get with an experienced attorney who knows how this works so that they can get their team on the scene so that they can talk to the same witnesses. They can look at the crash scene. They can examine the vehicles. They can do downloads. They can get witness statements. They can talk to the first responders. And they can gather all of that information so that it’s just as fresh for them as it is for the rapid response team.
What Your Attorney Should Do: Send a Spoliation Letter
Okay, so you’ve gotten my point that this is something that’s critically important. How do you know that your attorney, or how do you know if you are an attorney that you’re doing the right things that are necessary to preserve this evidence in the first 48 hours?
Well, the first thing that any knowledgeable, skilled, and experienced attorney is going to do once they sign a case up is they’re going to send what’s called a spoliation letter.
Spoliation—it sounds like spoiling and it’s certainly taking from that kind of root—but it’s basically putting the defense on notice that they have a duty to preserve evidence and it’s letting them know that litigation is very likely.
What a Spoliation Letter Does:
The letter serves as kind of a shot across the bow to say you need to do whatever you can to stop any type of deleting mechanisms you have for text messages or emails or voicemails or anything like that and you need to start preserving that evidence.
It’s also telling them you need to suspend any operations that you may have in terms of trying to decide whether evidence could be deleted or if it’s not relevant such as the truck black box data, anything, and give us an opportunity to go and inspect that, and we can look at this together and draw our own conclusions about it.
That’s why it’s so important to get an attorney who’s handled these cases before, who knows what these cases look like, and they have the wherewithal and the resources to send investigators out to make the right phone calls, send the right letters, do the right things necessary to preserve evidence.
Why Board Certification Matters
As I’ve said before, truck crashes are not like car crashes. And you can’t make up for a lack of truck experience by having handled thousands of car accident cases.
And so if you’re in that first 48 hours, get an attorney who knows how to handle truck crash cases. And the best way to figure that out is to get someone who is board certified in truck accident law.
Right now there’s probably about a hundred of us attorneys across the country who have the board certification. And we got that by handling a whole lot of these cases, by establishing that we know what we’re doing, by taking and passing a board bar exam, and by getting references from judges and attorneys who could attest that yes, these are cases that we handle. We handle them well, we know what we’re doing, and we’re ethical to boot.
So, let that be your starting place. But the most important thing to take from this is to act quickly. Act as quickly as you can to preserve evidence after a truck crash happens. You need to make sure that you are not treated unfairly because the other side has a head start and they may not have saved evidence that is critical for your case.
Conclusion
I want to thank you for watching this video. I hope that you’re not watching this because you or a loved one was hurt or even killed in a truck crash. I do want to emphasize that if that’s your story, please act quickly.
I know that you have a million things going on right now. The last thing you want to do is to engage in this type of deep dive to try to figure out what to do. If you need some guidance, give me a call, reach out. I’d be more than happy to see if I can point you in the right direction.
If you’re an attorney who’s looking for some guidance, reach out. Happy to chat with you and see if we can point you in the right direction as well.
If you haven’t yet, please subscribe, please like, and please stay tuned for more videos.
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Key Takeaways: Evidence Preservation in the First 48 Hours
- ELD data may only exist for 8 days – Electronic logging device data showing hours of service violations can be overwritten within a week
- Black box data gets overwritten – Event data recorders capture crash details but can be lost after subsequent hard braking events
- Video footage is automatically deleted – Dash cams, driver-facing cameras, and business surveillance systems purge data regularly to save storage costs
- Vehicles can be repaired or destroyed – Physical evidence like paint transfer, damage patterns, and forensic details disappear once vehicles are fixed or scrapped
- Communications get deleted – Text messages, emails, dispatch logs, and cell phone records are routinely purged unless specifically preserved
- Defense has rapid response teams – Trucking companies deploy specialized teams within hours to gather evidence and build their defense
- Spoliation letters are critical – Experienced attorneys immediately send preservation demands creating legal duty to maintain all evidence
- Board certification matters – Only about 100 attorneys nationwide are board certified in truck accident law with the specialized knowledge needed
- Car accident experience isn’t enough – Thousands of car cases don’t prepare an attorney for the unique evidence preservation requirements of truck crashes
Five Types of Evidence That Disappear Quickly:
- Electronic Logging Device (ELD) Data – Hours of service records (8-day window)
- Black Box/Event Data Recorder – Speed, braking, throttle, steering data
- Video Footage – Truck cameras, dash cams, business surveillance, Ring doorbells
- The Vehicles Themselves – Paint transfer, damage patterns, forensic evidence
- Communications – Texts, emails, dispatch logs, phone records
In this article, I want to walk you through what evidence is at risk, why it matters, and what steps you need to take immediately after a truck accident to protect your rights.
Why Truck Crash Evidence Disappears So Quickly
Unlike typical car accidents, truck accidents involve commercial vehicles that are heavily regulated by federal law. In addition, these trucks are equipped with sophisticated data recording systems. These systems capture enormous amounts of information about how the truck was being operated in the moments before the crash. Much of that stored information, however, is kept only temporarily.
Trucking companies also generate massive amounts of paperwork. This can include driver logs, inspection reports, maintenance records, dispatch communications, and more. Federal regulations require those motor carriers to keep some of these records, as the attached brochure from the federal government shows. But the retention periods vary, and some companies “accidentally” lose documents that could prove their negligence.
Add to this the fact that trucking companies use experienced “rapid response” legal teams and insurance adjusters. These response teams spring into action, day or night, immediately after a serious crash. While you’re in the hospital recovering, they’re already working to minimize their liability and protect their financial interests.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Critical Evidence That Can Disappear Within 48 Hours
1. Electronic Logging Device (ELD) Data
Since December 2017, federal regulations require most commercial trucks to have Electronic Logging Devices that automatically record the driver’s hours of service. The FMCSA refers to these requirements as the “ELD Rule.” These devices track:
– How many hours the driver has been on duty
– When the driver took required rest breaks
– Whether the driver exceeded the maximum driving time allowed by federal regulations
– The truck’s location, speed, and other operational data
This information is gold in a truck accident case. That’s because hours of service violations are one of the most common forms of trucking company negligence. Fatigued truck drivers cause thousands of accidents every year, and ELD data can prove that a driver was operating beyond their legal limits.
The problem with ELD data: ELD data may be stored for only 8 days on the device itself. But the federal regulations require that ELD data be stored for 6 months. That likely will require a motor carrier to save the ELD data on their servers. If the trucking company decides the data is not helpful to their defense, that data can “accidentally” fail to get preserved.
What needs to happen with ELD data: An attorney needs to immediately send a spoliation letter to the trucking company and any other potentially liable parties, demanding that all ELD data be preserved. In some cases, we may seek an emergency court order to ensure preservation.
2. Event Data Recorder (“Black Box”) Information
Many modern trucks are equipped with Event Data Recorders. This is essentially the same technology as the “black boxes” on airplanes. These devices record:
– Vehicle speed in the seconds before impact
– Whether the brakes were applied and when
– Engine RPM and throttle position
– Whether the driver was wearing a seatbelt
– Steering input and vehicle dynamics
This data can definitively prove how the accident occurred and whether the truck driver took appropriate evasive action. I have used this data as circumstantial evidence to show that a truck driver was distracted while driving.
The problem with black box data: EDR data storage varies by manufacturer, but some systems overwrite data after just 30 days. Others may record over previous event data when a new “event” (hard braking, collision, etc.) occurs. If the truck continues operating after your accident, the system could overwrite critical data about your crash within days.
What needs to happen to preserve black box data: Gat a qualified expert to inspect the truck and download EDR data as soon as possible. This often requires a court order if the trucking company won’t voluntarily cooperate. We have seen terrible crashes where the truck driver did not apply the brakes at all. In those situations, the triggers didn’t activate, so no footage of the accident was saved at all.
3. Dashcam and Onboard Video Footage
Many trucking companies now equip their vehicles with forward-facing dashcams and driver-facing cameras. This footage can provide irrefutable evidence of what happened before the crash. It will also make clear what the driver was doing in those critical moments before the crash.
The problem with dashcam footage: Video footage is expensive to store, so many systems automatically delete footage after 30-60 days. You must notify the motor carrier to specifically flag the footage for retention. You may also want to notify the telematics company that took and initially stored the date. Some systems only save footage when certain triggers occur (hard braking, collision detection).
What needs to happen to preserve dashcam footage: You must send immediate preservation demands to the trucking company. We must also identify any other potential video sources—nearby businesses, traffic cameras, other vehicles—and send preservation letters or investigators to those entities and request for the footage to be saved.
4. Driver Logs and Records of Duty Status
Even with ELDs, truck drivers still maintain various logs and records related to their duty status, pre-trip inspections, and hours of service. These paper records can reveal patterns of violations that go beyond what the ELD shows.
The problem with driver logs: While federal regulations require retention of these records for six months, “accidental” loss of documents is surprisingly common, especially when those documents might reveal systematic violations of safety regulations.
What needs to happen to preserve driver logs: Formal document preservation demands must be sent immediately. In addition, we request these documents through formal discovery as early as possible in the legal process.
5. Truck Maintenance and Inspection Records
Federal regulations, specifically 49 C.F.R. 396.3, require trucking companies to maintain detailed records of vehicle maintenance, repairs, and inspections. These records can show:
– Whether required maintenance was deferred or ignored
– If known mechanical problems existed before the crash
– Whether the truck passed its required inspections
– Patterns of maintenance issues that should have taken the truck out of service
The problem with maintenance records: Maintenance records are supposed to be kept for one year (or longer in some cases), pursuant to 49 C.F.R. 396.3(c). but they’re also some of the most frequently “lost” documents in truck accident litigation. Companies know these records can prove they knowingly operated dangerous vehicles.
What needs to happen with maintenance records: Comprehensive preservation demands covering all maintenance records, work orders, inspection reports, and communications about vehicle conditions must be sent immediately.
6. Driver Qualification Files
Motor carriers are required to maintain qualification files for each driver containing:
– The driver’s employment application
– Motor vehicle record checks
– Road test results or certificates
– Drug and alcohol testing records
– Driver’s medical examiner’s certificate
– Annual driving record reviews
– Documentation of safety training
These files can reveal whether the trucking company properly vetted the driver before putting them behind the wheel of an 80,000-pound vehicle.
The problem with driver qualification files: FMSCR 49 C.F.R. 391.51 requires that these records be maintained while the driver is employed and then for three more years. While these must be retained for three years after the driver leaves employment, they’re often “incomplete” or documents are “missing” when we request them in litigation.
What needs to happen with driver qualification files: Early preservation demands and prompt discovery requests are essential to getting these files before they disappear.
7. Dispatch Communications and Load Information
Text messages, phone calls, and electronic communications between the driver and the dispatcher can reveal:
– Whether the company pressured the driver to meet unrealistic delivery schedules
– If the driver reported being fatigued and was told to keep driving anyway
– Whether the driver was told to falsify logs or violate hours of service rules
– What the company knew about the driver’s condition or the vehicle’s condition
Load information can show whether the truck was overweight, whether cargo was properly secured, and who was responsible for loading and securing the freight.
The problem with dispatch communications: Electronic communications are often automatically deleted after 30-90 days. According to 49 C.F.R. 395.11, these records should be kept. Text messages may be deleted even sooner. Load information might be retained, but only if we know to ask for it from all relevant parties.
What needs to happen with dispatch communications: Preservation letters must go to the trucking company, the freight broker (if any), the shipper, and the third-party logistics company (if involved). We need to preserve communications on company servers, the driver’s phone, and any third-party communication platforms used.
8. Physical Evidence from the Crash Scene
The crash scene itself contains critical evidence:
– Tire marks showing the vehicles’ paths and where braking began
– Debris patterns indicating the point of impact
– Road conditions, sight line obstructions, and traffic control devices
– Damage to guardrails, signs, or other fixed objects
– Physical evidence of cargo spillage or mechanical failure
The problem with crash scene evidence: Virginia Department of Transportation and local authorities clean up crash scenes quickly. They complete the task sometimes within hours. Evidence is swept away, skid marks are covered by new traffic, and the scene is returned to normal operation as fast as possible.
What needs to happen to preserve crash scene evidence: If at all possible, the scene needs to be photographed and documented immediately. This would ideally occur within hours of the crash. If you’re seriously injured and can’t do this yourself, having an attorney who can dispatch an investigator immediately is critical.
9. Witness Information and Statements
Witnesses to truck accidents can provide crucial independent corroboration of what happened. But witnesses can be difficult to track down after the fact, and their memories fade rapidly.
The problem with witness statements: Police reports don’t always capture all witnesses, and people who stopped to help often leave before giving their contact information. Within days or weeks, witnesses may have difficulty remembering details or may be impossible to locate.
What needs to happen to preserve witness statements: Immediate efforts to identify, locate, and interview witnesses must begin as soon as possible after the crash.
10. The Truck Itself
The physical truck involved in your accident is a critical piece of evidence. Our experts need to inspect:
– The braking system for failures or poor maintenance
– The tires for wear, defects, or improper inflation
– The steering and suspension systems
– The cargo securement
– Any mechanical defects that may have contributed to the crash
The problem with the truck’s evidence: Trucking companies want to get their vehicles back in service as quickly as possible. They may repair damage, replace parts, or even sell the truck before it can be properly inspected. Sometimes trucks are “totaled” and sent to salvage yards where they’re quickly crushed.
What needs to happen with the truck: Legal action may be required to prevent the truck from being repaired, altered, or destroyed while the litigation is pending.
What the Trucking Company Is Doing While You’re in the Hospital
While you’re dealing with your injuries and trying to recover, the trucking company and their insurance carrier are taking immediate action to protect their interests:
Within the First Few Hours
The company’s safety director or risk management team is notified. They may send their own investigators to the crash scene to photograph evidence and interview witnesses before you do. They may also hire a defense law firm that provides a rapid response team to visit the crash scene. The trucking company and its insurance company is working on their defense immediately after a crash.
Within the First 24 Hours
The company’s insurance carrier is notified and assigns a claims adjuster. The adjuster begins gathering information and assessing liability. The insurance company will retain attorneys if they did not dispatch a rapid response team.
Within the First 48 Hours
The trucking company and its insurance company are making decisions about what evidence to preserve and what doesn’t need to be kept. The truck may be released from impound. Repairs may begin. Data that could prove your case starts disappearing.
Within the First Week
The insurance adjuster may contact you or your family members to obtain a recorded statement. They may contact you while you are still in the hospital or while your family makes funeral arrangements. They may make a quick, low-ball settlement offer hoping you’ll accept before you understand the full extent of your injuries or the value of your case.
The trucking company knows that time is their ally. The longer you wait to retain an attorney, the more evidence disappears and the weaker your case becomes.
The Spoliation Letter: Your First Line of Defense
The moment you retain an attorney experienced in truck accident cases, one of the first things they should do is send comprehensive spoliation letters to every potentially liable party.
A spoliation letter is a formal legal demand. It demands that the recipient preserve all evidence related to the accident. It puts them on notice that litigation is likely and that they have a legal duty not to destroy evidence. If they destroy evidence after receiving a spoliation letter, that can result in serious legal consequences. Consequences can include sanctions, adverse inference instructions to the jury, or even dismissal of their defenses.
A good spoliation letter should have the following characteristics:
Comprehensive: Specifically identify every type of evidence to preserve. This often includes ELD data, EDR data, video footage, maintenance records, driver qualification files, dispatch communications, and more. A vague letter preserving “all evidence” may not be sufficient and is likely overbroad.
Sent to All Parties: The letter must go to the trucking company, the truck driver, any freight broker involved, the shipper, third-party logistics companies, maintenance companies, leasing companies, and anyone else who might have relevant evidence.
Legally Sufficient: The letter must properly invoke the recipient’s legal duty to preserve evidence and warn of the consequences of spoliation.
Timely: Send letter as soon as possible, within days of the accident, not weeks or months later.
In my practice, I send spoliation letters within 24-48 hours of being retained, even before I’ve filed a lawsuit. This immediate action has saved crucial evidence in countless cases.
What You Should Do in the First 48 Hours After a Truck Crash
If you’ve been seriously injured in a truck accident, here’s what you should do to protect your case:
- Get Medical Attention: Your health comes first. Get to a hospital and follow all medical advice. Don’t refuse treatment or leave against medical advice.
- Document Everything You Can: If you’re able, or if a family member can help:
– Take photos of the crash scene, your vehicle, the truck, and your injuries
– Get names and contact information for any witnesses
– Note the truck’s company name, truck number, and license plate
– Save any photos or video you took with your phone before the crash
- Don’t Give Recorded Statements: Insurance adjusts may contact you to take your statement. Politely decline until you’ve spoken with an attorney. The insurance company and its attorneys will use your statements against you later.
- Don’t Sign Anything: Don’t sign any releases, settlement agreements, or other documents without consulting an attorney.
- Don’t Post on Social Media: Insurance companies and defense attorneys will search your social media profiles looking for anything they can use against you. The defense will twist a single post showing you smiling or doing any activity. They will suggest you’re not really injured. Try to avoid posting, but keep up any social media posts you have already made.
- Contact a Specialized Truck Accident Attorney Immediately: Don’t wait to see how your injuries develop or how the insurance company treats you. By the time you realize you need an attorney, the trucking company may have destroyed critical evidence.
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Why You Need an Attorney Who Knows What Evidence to Preserve
Truck accident cases involve dozens of different types of evidence that simply don’t exist in regular car accident cases. An attorney who primarily handles car accidents may not even know what an ELD is, much less understand why ELD data needs to be preserved immediately.
As Virginia’s only board-certified truck accident attorney, I know exactly what evidence exists in these cases, where it’s located, who has control over it, and how long it will be available. I have relationships with experts who can download EDR data, analyze ELD records, inspect vehicles, and reconstruct the accident. And I have the experience to move quickly to preserve evidence before it disappears.
I’ve seen the difference it makes. I’ve had cases where we obtained video footage showing exactly how the accident happened. The trucking company would have automatically deleted that information if we’d waited even a few more days to send our preservation letter. I’ve had cases where ELD data proved the driver was hours beyond their legal driving limit. The trucking company’s own expert admitted that date would have been overwritten if we hadn’t acted immediately.
I’ve also seen cases come to my office after another attorney had the case for months. I’ve often seen cases where critical evidence was already gone because the first attorney didn’t understand the urgency or didn’t know what needed to be preserved.
The Bottom Line: Take Action in the First 48 Hours
The first 48 hours after a truck accident may be the most important 48 hours for your legal case. Evidence that could prove the trucking company’s negligence and support a multi-million dollar recovery can disappear forever if you don’t act immediately to preserve it.
You’re dealing with an industry that knows how to protect itself. Trucking companies have experienced legal teams, sophisticated risk management procedures, and insurance adjusters who go to work immediately after a crash. You need someone on your side who can move just as quickly and who knows exactly what evidence needs to be preserved and how to preserve it.
Don’t wait if a truck accident caused injuries to you or a loved one. Time is literally destroying your case while you decide whether to hire an attorney. Contact our firm immediately for a free consultation, and let us start protecting your rights and preserving the evidence that will prove your case.
Contact Our Firm
We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. But we can only preserve evidence if you contact us while that evidence still exists. Call us today or fill out our online contact form right now. Don’t wait.
The clock is ticking, and evidence is disappearing. Let’s preserve your case before it’s too late.
About the Author: Robert “Bob” Byrne is an experienced truck accident lawyer who has handled serious truck crashes of all shapes and sizes. Bob is the first and only board certified Virginia Truck Accident Lawyer. That honor was given by the National Board of Trial Advocacy.
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