By Luis Lopez, AI transportation consultant, CEO of Go Hub.io Holdings Corp and subsidiaries, and host of the Freight Guru Podcast
After a serious truck crash, the first priorities are people: medical care, safety at the scene, and cooperation with law enforcement. Very soon after, a second priority begins, and many fleets handle it too late. The data that will explain what happened lives in engine modules, logging devices, cameras, phones, and paper files, and much of it can be overwritten or discarded in the normal course of business. Preserving it is both a legal duty and the fleet’s best chance of telling an accurate story. This article explains what to preserve, why, and how.
The Duty to Preserve
In general, once a party reasonably anticipates litigation, it has a duty to preserve relevant evidence. A serious crash involving injuries or significant damage is the kind of event where litigation is often reasonably anticipated, even before any lawsuit is filed or any letter arrives. Waiting for a complaint before preserving evidence is a risky approach.
Preservation Letters and Litigation Holds
Two documents come up early in most crash cases:
- Preservation letters are sent by attorneys for injured parties, or sometimes by insurers, demanding that the carrier keep specific evidence. They often list the truck, trailer, electronic data, driver records, and communications.
- Litigation holds are internal instructions from the company, typically issued with counsel, telling employees and vendors to suspend normal deletion and disposal of relevant records.
A preservation letter is a strong signal, but the duty may exist without one. A good hold notice names the incident, lists categories of evidence, identifies who holds them, and states clearly that normal retention schedules are suspended for those items.
Electronic Data That Can Disappear
Engine and Event Data
Many heavy trucks have engine control modules and related systems that can record data around certain events, such as sudden deceleration. Depending on the system, that can include speed, brake application, throttle, and cruise control status. Some of this data can be overwritten if the truck keeps running or is repaired, so the vehicle and its modules may need to be held until qualified experts can download the data under agreed procedures.
ELD and Hours of Service Records
Electronic logging device data shows duty status, driving time, and location history. Supporting documents such as fuel receipts, toll records, dispatch records, and bills of lading can corroborate or contradict the logs. Federal retention periods for some of these records are relatively short, which is exactly why a litigation hold must override routine deletion.
Dashcam and Video
Forward-facing and driver-facing cameras can provide the clearest evidence of what happened. Many camera systems keep footage only for a limited window unless an event is flagged or saved. Confirm that the relevant clips, and ideally footage before and after the event, are preserved in their original format with metadata.
Telematics, Dispatch, and Communications
- GPS breadcrumbs and speed history from telematics platforms.
- Dispatch messages, load assignments, and appointment times.
- Emails and texts between the driver, dispatch, and customers.
- Phone records relevant to possible distraction, handled with counsel.
Driver and Vehicle Files
Electronic data is only part of the picture. Preserve physical and administrative records too:
- Driver qualification file: application, license and medical certificate records, motor vehicle records, previous employer inquiries, and training records.
- Drug and alcohol testing records: pre-employment, random, and post-accident results and related documents.
- Maintenance, inspection, and repair records: for the tractor and trailer, including driver vehicle inspection reports and work orders.
- The equipment itself: do not repair, sell, or scrap the truck, trailer, or key components until counsel confirms it is appropriate.
- Load documents: bills of lading, weight tickets, and securement records if cargo is involved.
Post-Accident Drug and Alcohol Testing
Under 49 CFR 382.303, motor carriers must conduct post-accident alcohol and controlled substances testing on CDL drivers after certain crashes. In general terms, testing is required after any crash involving a fatality, and after crashes where the driver receives a citation and someone is injured and treated away from the scene or a vehicle must be towed because of disabling damage. The regulation sets time limits for testing, and if a test is not completed in time, the carrier must document why.
Missing or late tests are a compliance problem on their own and can become an issue in litigation. Fleets should have a written post-accident procedure so that whoever takes the call knows when testing is required and how to arrange it quickly.
Spoliation Risk
Spoliation is the destruction, alteration, or failure to preserve evidence that should have been kept. Consequences vary by jurisdiction and circumstances but can include court sanctions, instructions allowing a jury to infer that missing evidence would have hurt the party that lost it, and in serious cases, more severe penalties. Even when the loss was accidental, the appearance of lost evidence can damage a defense that would otherwise be strong.
Accurate data often helps the carrier. Video and electronic records can show a driver was within the speed limit, braked appropriately, or was not at fault. Losing that evidence through routine deletion hurts the fleet as much as anyone.
Building a Preservation Playbook
- Write it before you need it. A post-crash checklist should cover safety, notifications, testing, and evidence preservation.
- Name owners. Identify who contacts insurance and counsel, who secures camera footage, who pulls ELD data, and who places vehicles on hold.
- Know your vendors. Understand retention settings for your camera, ELD, and telematics providers and how to request preservation quickly.
- Suspend routine deletion. Make sure automatic purges and email retention rules can be paused for specific trucks, drivers, and dates.
- Document the chain of custody. Record who handled data and equipment, when, and how.
- Involve counsel early. Communications about the crash and the investigation should be coordinated with your attorney.
Where AI Fits In
As an AI transportation consultant, I see AI tools helping with organization rather than judgment. Systems can automatically flag events from cameras and telematics, index documents tied to a specific truck and date, and generate checklists when an incident is reported. Any AI-generated incident summary should be reviewed carefully, and decisions about what is relevant belong with counsel. Original data should always be preserved, not replaced by a summary.
The Bottom Line
Evidence preservation starts the day of the crash, not the day the lawsuit arrives. Know what data you have, how long it lasts, and how to stop it from being deleted. Follow post-accident testing rules. A disciplined preservation process protects the integrity of the facts, whichever way they point.
Related reading: how small fleets can protect against nuclear verdicts, questions about AI dash cameras, and questions about ELD and telematics data.
For more conversations on freight and AI, subscribe to the Freight Guru Podcast.
About the author: Luis Lopez is a Miami-based AI transportation consultant and logistics entrepreneur, the CEO of Go Hub.io Holdings Corp and subsidiaries, and host of the Freight Guru Podcast.
This article is general information for the freight community, not legal advice. Talk to a transportation attorney about your specific situation.