Preservation of Truck Accident Evidence

Image from Davis Saperstein & Salomon, P.C. video of Marc Saperstein talking about investigating a New Jersey truck accidentThe aftermath of a truck accident can be overwhelming. Lights and sirens are everywhere. You may be in pain or shock. Your whole world has been changed in an instant.

This is the hardest time to think about a lawsuit. Unfortunately, it is also the most important time. Because of the complexities involved in any accident, it is important to preserve evidence and begin documenting the crash scene as soon as possible.  In fact, certain reputable trucking outfits like Swift have their lawyer on call 24/7 to be dispatched to investigate and preserve accident scene evidence and to give representation to the driver or operator of the truck.

For these reasons, Davis, Saperstein & Salomon, P.C., will work to prevent spoliation of evidence by providing truck drivers and shipping companies with a demand to produce many types of evidence. To learn what we can do in your case, call 1-800-LAW-2000 or contact us online today.

What Type of Evidence Needs to be Preserved in a Truck Accident?

A typical demand for production of evidence can include the following types of documentation and information.

Files maintained by the trucking company:

  • Business records
  • Pay records
  • Driver call-in logs
  • Phone records
  • Trip-monitoring documents
  • Dispatching records
  • Bills of lading
  • Records of communication with the driver
  • Driver’s daily inspection reports
  • Driver’s daily logs and all supporting documents
  • Other documents that are produced in the routine course of business.

Maintenance records:

  • All maintenance records for vehicles subject to the company’s control
  • All inspection records
  • Inspector- and brake mechanic-training certifications.

Insurance information:

  • Copies of any insurance policies
  • Names of insured persons
  • Names of policies
  • Excess insurance policies
  • Any policy or coverage defenses the company would consider bringing up.

Device records:

  • Satellite-tracking system records
  • On-board recording and GPS records.

Accident records:

  • Any documents, records, notes, or statements used in completing the accident report or accident register
  • Copies of the accident register and any accident reports
  • Black box or recorder data
  • Motor Carrier Identification report
  • Any statements taken in relation to the accident
  • International Fuel Tax Agreement report
  • Recent vehicle weighing records
  • “Out-of-Service” reports
  • Any records received or produced in relation to federal or state inspections.

Files relating to the driver:

  • Hiring records
  • Job application documents
  • Background records
  • Character records
  • Training records
  • Testing information
  • Employee records
  • Annual reviews of driver’s record
  • Records of other driver reviews
  • Injury and accident reports
  • Reports of property damage
  • Commercial Driver’s License (CDL) records (including records related to 49 CFR §383)
  • Records of compliance with the Federal Motor Carrier Safety Regulations (49 CFR §391)
  • Substance- and alcohol-testing records (including tests conducted under 49 CFR §382).

Our Lawyers Work to Preserve Evidence in New Jersey and New York Truck Accident Cases

Each state has different laws requiring different records to be kept and shared in case of an accident. The lawyers at Davis, Saperstein & Salomon, P.C., will work to preserve any evidence that can help your case. The sooner you call a lawyer, the easier it will be to preserve this evidence. Call today at 1-800-LAW-2000 or use our online form to arrange a free initial consultation.