Guide
What to do after a truck accident: the 30-day window.
The most decisive evidence in a truck case starts disappearing on day one. ELD data, ECM downloads, and dashcam footage are routinely overwritten before victims even retain counsel.
At the scene
- Call 911. Request EMS regardless of how you feel.
- Photograph the truck's placards, USDOT number, MC number, trailer number, and any visible damage on both vehicles.
- Photograph the scene wide and tight — final rest positions, debris, skid marks, traffic-control devices.
- Get the driver's CDL and the carrier's name, address, and insurance info.
- Get witness contact information.
Within 7 days
- Send a preservation-of-evidence letter to the motor carrier and its insurer. Demand preservation of: ELD data, ECM download, dashcam footage, driver qualification file, DVIRs, maintenance records, dispatch records, bills of lading, post-accident drug and alcohol test results, and any in-cab camera or telematics data.
- Engage a reconstruction expert. Many will inspect the scene and download the ECM within 48 hours.
- Retain a truck-litigation attorney. Trucking defense is specialized and fast; plaintiff counsel needs to match.
- Get medical imaging — MRI of cervical and lumbar spine at minimum.
Within 30 days
- Confirm the ECM and dashcam data have been preserved and obtained.
- Identify all available coverage layers (primary, umbrella, excess) for every potential defendant.
- Subpoena 911 audio, police body cam, and any nearby business surveillance.
- Get all medical records and bills to date. Begin tracking lost wages with employer documentation.
- Pull the carrier's FMCSA Safety Measurement System data — Crash, Hours of Service, and Maintenance basic scores are publicly available.
What not to do
- Do not give a recorded statement to the carrier's insurer.
- Do not sign a release or accept payment without legal review.
- Do not authorize disposal of your vehicle until reconstruction is complete.
- Do not post about the crash on social media.
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Frequently asked questions
Sources
- [1]Electronic Logging Device Recordkeeping, 49 C.F.R. § 395.22 — U.S. Code of Federal Regulations
- [2]Crash Investigation Sampling System — U.S. National Highway Traffic Safety Administration
- [3]Spoliation Instructions — Federal Practice — Cornell Legal Information Institute