How Long Do Trucking Companies Keep Records After a Crash?
To win a personal injury case against a motor carrier, you cannot rely entirely on your own testimony or the police report. The most damning evidence of negligence—proof of driver fatigue, skipped maintenance, or failed drug tests—is locked inside the trucking company's own filing cabinets and digital servers.
However, trucking companies are legally allowed to destroy this evidence after a certain amount of time passes. If you wait too long to pursue compensation, the very documents needed to prove your case will be legally shredded. Knowing exactly how long trucking companies keep records after a crash is the most critical timeline a victim must understand.
The single most important piece of evidence in a fatigue-related crash is the driver's logbook (Hours of Service logs). Under FMCSA rules, a trucking company is only required to retain a driver's HOS logs and supporting documents (toll receipts, fuel receipts) for six months. On exactly day 181, corporate policy dictates they permanently delete these files to limit their legal liability.
Federal Retention Timelines
Different types of evidence have different federal expiration dates:
- Vehicle Maintenance Records: The motor carrier must retain inspection and repair records for exactly one year. If a bald tire caused a blowout, that maintenance history will vanish after 365 days.
- Drug and Alcohol Test Results: Positive drug test results and refusals to test must be kept for five years. Negative test results are often only required to be kept for one year.
- Driver Qualification Files: The file containing the driver’s employment history, medical certificates, and driving record must be retained for the duration of the driver's employment, plus three years after they quit or are fired.
- Black Box Data (EDR): There is no strict federal mandate on EDR retention. The data is often overwritten naturally within 3 to 4 weeks if the truck is put back into service, making it the most highly perishable evidence of all.
Stopping the Deletion with a Spoliation Letter
You cannot assume a company will hold onto evidence just because there was a crash. The moment you hire a personal injury attorney, they will immediately send a "Spoliation Letter" via certified mail to the motor carrier. This legal document explicitly forbids the company from altering, deleting, or destroying any logbooks, data, or physical truck parts related to the crash, effectively overriding the FMCSA's six-month expiration date.