When a truck collision happens, U.S. lawyers who specialize in Personal Injury Law know the clock is ticking—not just for your claim, but for preserving key legal evidence. In many truck accident cases, the first 14 days can make the difference between a strong case and one that falls apart. This article dives deeper into how lawyers act within that critical window, exploring federal regulations, legal duties, and how courts handle evidence spoliation.
1. Regulatory Preservation Duties
ELD Backup Requirements
Under federal law (49 CFR Part 395 Subpart B), motor carriers must retain backup copies of Electronic Logging Device (ELD) records on a separate device for at least six months. If attorneys working in Personal Injury Law don’t act fast, crucial driver logs can disappear forever.
Maintenance Records
Inspection and maintenance documents must be kept at the vehicle’s housing location for one year, and an additional six months after the vehicle is removed from service. These rules show why swift legal action is essential to intercept evidence before it’s routinely discarded.
2. Legal Duty & Preservation Strategy
Duty to Preserve Under FRCP
Once litigation is foreseeable, lawyers must send a preservation letter. Under Federal Rule 37(e), if a party fails to take “reasonable steps” to preserve electronically stored information (ESI), the court may impose sanctions—especially if the data was relevant and cannot be recovered.
Reasonableness Matters
In O’Berry v. Turner, a Georgia truck accident case, the court found that keeping just one printed copy of a driver’s log—and losing it during an office move—went beyond negligence. The lack of a formal preservation policy allowed the jury to assume the missing evidence was unfavorable to the defense.
3. Notable Case Examples
| Case | Facts & Outcome |
|---|---|
| Le Doux v. Western Express | A driver deleted data from his tablet after receiving notice and even sold the device. The court issued a permissive adverse inference, letting the jury assume the lost data hurt the defense. |
| Moody v. CSX Transportation | Black box data was lost due to a laptop crash with no backup. The court still found gross mismanagement and inferred intent to deprive. |
| ECM / GPS Data Cases | In Greyhound v. Wade and Frey v. Gainey, courts refused sanctions when deletion was unintentional and other evidence sufficed. Still, lawyers stress the need to preserve all data in Personal Injury Law cases. |
4. What Lawyers Do in Days 0–14
- Send Preservation (Spoliation) Letters to carriers, insurers, and data holders.
- Secure Key Data such as ELD logs, ECM backups, GPS, driver files, and maintenance records.
- Investigate the Scene with experts to capture photographs, video footage, skid marks, and witness statements.
- Respond to Obstruction by filing motions under Rule 37(e) to request sanctions or adverse inference instructions.
Why This Legal Window Matters
- Strengthens Your Position — Preserved evidence is the backbone of proving negligence, liability, and damages in Personal Injury Law cases.
- Prevents Negative Inference — Courts may assume missing evidence was unfavorable unless it was reasonably preserved.
- Gives Negotiation Leverage — Solid evidence makes it harder for insurance companies to offer lowball settlements.
Final Thoughts
In truck accident cases, the 14-day period is not just a guideline—it’s a legal lifeline. Federal regulations demand fast action to retain ELD data, maintenance logs, and other critical records. Lawyers skilled in Personal Injury Law act immediately to build a case on solid evidentiary ground, ensuring nothing vital slips away.