Electronic logging device data
Federal rules require most interstate truck drivers to track their driving time electronically. Those records show how long the driver had been on duty, whether hours-of-service limits were exceeded, and whether the company was pushing an unrealistic schedule. Carriers are only required to retain these records for a limited period, and once that window passes, the data may be gone.
The truck's black box
Most commercial trucks record engine and event data: speed, braking, throttle position and hard-braking events in the seconds before a crash. That data can be overwritten as the truck returns to service, or lost entirely if the vehicle is repaired, sold or scrapped.
Dash-cam and fleet camera video
Many fleets run forward-facing and driver-facing cameras. Footage is often kept on a rolling schedule and overwritten within days or weeks unless someone flags the incident.
Maintenance and inspection records
Brake condition, tire wear, lighting and repair history can show whether a company kept its equipment safe. These files live with the carrier and its maintenance vendors, and they're rarely produced voluntarily.
The driver's qualification file
Hiring records, training, prior violations and drug and alcohol testing results speak to whether the driver should have been behind the wheel at all, and whether the company checked before putting them there.
Cargo and dispatch documents
Bills of lading, weight tickets and dispatch messages can show an overloaded or improperly secured trailer, or a delivery deadline that encouraged speeding.
Third-party video near the crash
Gas stations, warehouses, toll cameras and nearby businesses along I-35, I-10, Loop 410 and Loop 1604 often capture what happened. That footage is typically overwritten within days.
How evidence gets preserved
A lawyer can send a preservation letter, sometimes called a spoliation letter, putting the trucking company and its insurer on formal notice to retain specific categories of evidence. If a company destroys evidence after receiving that notice, it can face consequences in the case. The letter only helps if it goes out before the data is gone.
What you can do right now
- Photograph the truck, trailer, company name and USDOT number if you're able
- Get the crash report number and the driver's information
- Write down what businesses faced the crash site, for video requests
- Save your own dash-cam footage and don't let your vehicle be repaired yet
- Call a lawyer quickly, ideally within days, not months
Why the two-year deadline is misleading here
Most Texas injury claims must be filed within two years, which sounds like plenty of time. But the evidence that proves a trucking case can be gone in a matter of weeks. The filing deadline and the evidence deadline are not the same thing.
This article is general information about Texas law, not legal advice about your situation. For advice about your case, talk with an attorney.