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Preservation of Trucking Case Evidence: What to Collect

Photo of an eighteen-wheeler.

  • Police and Fire Departments (State and Local): reports, witness statements, photograph or video evidence, markings, reconstructions, 911 recordings and records, dispatch records, local security footage or traffic camera information, evidence in police possession.
  • Truck Driver: all physical evidence, cellular phone, GPS device(s), manuals, driver’s logs, employment records, photographs or video of the scene, accident reports or informational records, citations, trip logs and reports, bills of lading, receipts and trip documentation, CDL documentation, inspection reports.
  • Trucking Company: Everything that you also request the driver preserve, everything that you request the police and fire departments produce, ECM and EDR data, reconstruction reports, government agency records and reports on the incident, the entire personnel file of the driver, all records of driver alcohol and/or drug testing, GPS records, dispatch records, bills of lading, inspection reports, tractor and trailer ownership and/or leasing paperwork, company manuals, safety training records, policies and procedures, financial records.
  • Tractor Owner: Same as above; lease information; all records relating to communications with or relationships with the lessee company and/or driver; any physical evidence in the company’s possession.
  • Trailer Owner: Same as above; all records relating to communications with or relationships with the lessee company and/or driver; any physical evidence in the company’s possession.
  • Broker (if extant/known): All information relating to the trip; all records of relationships with or communications with any of the companies above and/or the driver; financial records.
  • Shipper: All records relating to communications with or relationships with any of the above parties, including the broker; financial records; policy on delivery compliance (e.g. are there fees or incentives for delivery speed?); all records relating to this trip.
  • Consignee: All records relating to communications with or relationships with the lessee company and/or driver; all records relating to this trip.
  • Management Company or Logistics Company: All records, communications or documentation related to this trip; all records, communications or documentation related to any of the above parties.
  • Storage facility (if the vehicle was towed and stored): All records, communications or documentation related to the collision; all physical evidence in the company’s possession; include a request that the truck/trailer NOT be moved or turned on – doing so may erase electronic data.
  • Witnesses: Where applicable, for any information or documentation in their possession. Consider not only individual witnesses, but also media, traffic cameras and private security footage.
  • OSHA (if applicable): Report, photographs.

Click here for a Sample Preservation of Evidence Letter

This page is intended as a resource for practicing attorneys only and is not to be construed as legal advice or representation.

 

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