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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Truck Accident Evidence

United States (federal and general)Last reviewed 18 September 2026

Truck accident cases are won on evidence that the trucking company controls and can overwrite or discard: event data recorders, electronic logs, dashcam video, maintenance files and driver records. A prompt written preservation request, often called a spoliation letter, is one of the most important early steps.

What Evidence Exists

Evidence a truck accident attorney will seek includes:

  • Event data recorder (black box) data on speed, braking, throttle and steering
  • Electronic logging device data and supporting documents such as dispatch, fuel and toll records
  • Dashcam and fleet telematics video and data, and driver-facing cameras
  • Driver qualification file, medical certificate, training and drug and alcohol test records
  • Maintenance, inspection and repair records, including brake and tire history
  • Cargo loading records and weight tickets

The Preservation Letter

Direct Answer: A preservation letter formally notifies the trucking company and others that a claim is likely and asks them to preserve all relevant evidence, so that later destruction can be treated as spoliation.

Because records of duty status must be kept for only six months and other data can be overwritten in days, the letter should go out quickly. A court may sanction a party that destroys evidence after it knows or should know a claim is coming, including by instructing the jury that the evidence would have been unfavourable.

What You Can Do Now

Photograph the scene, the vehicles, skid marks and damage, note the truck's DOT number and company name, get witness contact details and seek medical care. Avoid giving statements to the trucking company's insurer, and keep records of treatment and losses.

Frequently Asked Questions

What is a truck's black box?

An event data recorder that can capture vehicle speed, braking, throttle and other information in the moments before and during a crash, and is a key piece of evidence.

What is a spoliation letter?

A written request that a party preserve evidence relevant to a claim. If it then destroys the evidence, a court may impose sanctions.

How long are truck driver logs kept?

Carriers must keep records of duty status and supporting documents for at least six months, so a prompt preservation request is important.

What should I photograph after a truck accident?

The truck and its markings including the DOT number, damage, the road, skid marks, traffic signs and your injuries, if safe to do so.

Should I speak to the trucking company's insurer?

It is usually wise to get legal advice first. Anything you say can be used to dispute liability or minimise your injuries.

Can I get a truck accident lawyer without paying upfront?

Usually, yes. Truck accident attorneys work on contingency, being paid a percentage of the recovery only if the case succeeds, and they typically advance the expensive costs of accident reconstruction and expert witnesses. Ask whether costs are deducted before or after the fee is calculated, and read the written agreement.

You May Also Be Interested In

Truck Accidents

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Truck Driver Hours-of-Service Violations

Fatigue, logbooks and federal driving limits

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Trucking Company Liability

Who can be sued after a truck crash

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Spinal Cord Injury Claims

Catastrophic spinal injury claims

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Statute of Limitations

Filing deadlines by state, and the shorter one for government claims

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 49 C.F.R. § 395.8 (driver's record of duty status)

    Motor carriers must require drivers to use an electronic logging device (ELD) to record duty status, with limited exemptions, and must retain records and supporting documents for at least six months.

  4. 49 C.F.R. § 395.3 (maximum driving time for property-carrying vehicles)

    Federal hours-of-service limits: 11 hours driving after 10 consecutive hours off duty; no driving after the 14th consecutive hour on duty; a 30-minute break after 8 hours of driving; and 60 hours in 7 days or 70 hours in 8 days, resettable by 34 consecutive hours off duty.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.