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

  1. Call 911. Request EMS regardless of how you feel.
  2. Photograph the truck's placards, USDOT number, MC number, trailer number, and any visible damage on both vehicles.
  3. Photograph the scene wide and tight — final rest positions, debris, skid marks, traffic-control devices.
  4. Get the driver's CDL and the carrier's name, address, and insurance info.
  5. Get witness contact information.

Within 7 days

  1. 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.
  2. Engage a reconstruction expert. Many will inspect the scene and download the ECM within 48 hours.
  3. Retain a truck-litigation attorney. Trucking defense is specialized and fast; plaintiff counsel needs to match.
  4. Get medical imaging — MRI of cervical and lumbar spine at minimum.

Within 30 days

  1. Confirm the ECM and dashcam data have been preserved and obtained.
  2. Identify all available coverage layers (primary, umbrella, excess) for every potential defendant.
  3. Subpoena 911 audio, police body cam, and any nearby business surveillance.
  4. Get all medical records and bills to date. Begin tracking lost wages with employer documentation.
  5. 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. [1]Electronic Logging Device Recordkeeping, 49 C.F.R. § 395.22U.S. Code of Federal Regulations
  2. [2]Crash Investigation Sampling SystemU.S. National Highway Traffic Safety Administration
  3. [3]Spoliation Instructions — Federal PracticeCornell Legal Information Institute

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