What evidence should be preserved after a truck accident in Texas?

Why Evidence Disappears in Truck Accident Cases

Commercial truck accidents generate critical electronic evidence that does not exist in passenger vehicle crashes — and that evidence has legal retention windows far shorter than the two-year statute of limitations on personal injury claims. ELD data is required to be retained for only six months under federal regulations. Dash cam footage loops and overwrites in 24–72 hours. The moment Wayne Wright is retained, we issue spoliation letters to the carrier, driver, cargo company, and any other potentially liable party demanding immediate preservation of all data and records.

Electronic Logging Device (ELD) Data

Federal regulations require commercial carriers to use Electronic Logging Devices to track driver hours of service. ELD data shows exactly how many hours the driver had been on duty before the crash — the single most important piece of evidence in fatigue-related truck accidents, which account for a significant percentage of serious crashes on the I-10 and I-35 corridors through San Antonio. FMCSA requires carriers to retain ELD data for only six months.

Electronic Control Module (Black Box)

The truck's Engine Control Module records vehicle speed, throttle position, brake application, and engine performance data in the moments before and during a crash. This data can conclusively establish whether the driver was speeding, whether brakes were applied, and whether any mechanical anomalies occurred. Like ELD data, retention is not indefinite — and the carrier controls the vehicle.

Dash Cam and Forward Collision System Footage

Many commercial trucks are equipped with forward-facing and driver-facing cameras. Forward footage may show the moments immediately before the crash. Driver-facing footage may show distracted driving, fatigue, or impairment. Most dash cams operate on a continuous loop — footage from before the crash may be overwritten within hours if the system is not disabled or preserved.

Driver Qualification File

Federal regulations require carriers to maintain a Driver Qualification File (DQF) for every driver that includes the commercial driver's license, medical certifications, pre-employment drug test results, driving record, and any history of safety violations. The DQF is critical in cases involving negligent hiring or entrustment claims against the carrier.

Pre-Trip and Post-Trip Inspection Reports

Drivers are required to complete vehicle inspection reports before and after each trip. These reports document known mechanical deficiencies. If a driver identified a brake defect in a post-trip report and the carrier dispatched the truck on the next run anyway, that is direct evidence of negligent maintenance and dispatch decisions.

What Wayne Wright Does Immediately

On the day of retention, Wayne Wright sends written spoliation and preservation demands to the carrier, driver, cargo owner, and any other party with potentially relevant evidence. We request all ELD data, ECM downloads, dash cam footage, inspection reports, drug test records, dispatch logs, and GPS data. We simultaneously retain accident reconstruction experts and mechanical engineers when equipment failure is a possible contributing cause. Call 210-888-0078 now — hours matter in truck accident cases.