Truck Accident Evidence in Phoenix: Beat the Evidence Clock

Truck accident evidence does not wait for you to recover. After a crash with a semi-truck in Phoenix, some of the most important proof is held by the trucking company, not by you or the police. Federal rules allow carriers to throw away some driver records after 6 months, and electronic data can be overwritten even sooner. This guide, part of our Phoenix truck accident claims guide, explains what evidence exists, who holds it, and how a preservation letter can help keep it from disappearing.

Why the evidence clock matters in Phoenix

Phoenix sits on major freight routes. Trucks move along I-10 through the West Valley and downtown, along I-17 to and from the north, and across the Loop 101, Loop 202 and Loop 303 freeways that ring the Valley. Busy junctions like the Stack, where I-10 meets I-17, mix heavy trucks with commuter traffic.

Many trucks in Valley crashes belong to out-of-state companies, and a truck may be repaired or back on the road within days. If you are dealing with a crash on the West Valley stretch of I-10, our I-10 truck accident guide covers that corridor in more detail.

The key types of truck accident evidence

Federal trucking rules create paper and electronic trails that can show what happened before, during and after a crash.

ELD data and hours-of-service records

Most interstate truck drivers must record their duty status with an electronic logging device, or ELD (49 CFR 395.8(a) (opens in a new tab); ELD rule, Part 395 Subpart B (opens in a new tab)). There are exceptions. Paper logs are still allowed for drivers who need logs on no more than 8 days in any 30-day period, certain driveaway-towaway operations and trucks made before model year 2000, and some short-haul drivers do not have to keep logs at all (49 CFR 395.1(e) (opens in a new tab)). ELD records can show when the driver was driving, on duty, off duty or in the sleeper berth.

That matters because federal hours-of-service rules limit how long a truck driver may drive. A driver who was over the limit may have been fatigued. Our guide to hours of service violations explains those limits and how fatigue is proven.

Carriers must also keep a backup copy of ELD records for 6 months on a separate device (49 CFR 395.22(i) (opens in a new tab)).

Supporting documents

Logs can be checked against other records. Federal rules require carriers to keep "supporting documents" for each driver, including bills of lading, dispatch and trip records, expense receipts related to on-duty time, fleet messaging records and payroll or settlement records (49 CFR 395.11(c) (opens in a new tab)). These fall under the same 6-month retention rule in 395.8(k).

Fuel receipts, toll records and dispatch messages can sometimes show that a log does not match where the truck actually was.

ECM or "black box" data

Many heavy trucks have an engine control module (ECM) or other onboard electronics. Depending on the system, this data may include speed, braking, throttle, cruise control use and sudden stops.

This data can be lost if the truck is driven, repaired or scrapped. Downloading it properly often requires special equipment and trained technicians.

Dashcams and telematics

Many carriers use road-facing and driver-facing cameras, GPS tracking and fleet management systems. These can show speed, location, lane position and what the driver was doing in the moments before impact.

Some camera systems save only short clips or overwrite footage on a loop. That is one reason early action matters.

Dispatch records and communications

Dispatch records can show the delivery schedule the driver was given and whether the timeline was realistic. Messages between the driver and dispatcher may show pressure to keep driving or reach a delivery window. Fleet messaging records are one of the supporting document types carriers must keep under 49 CFR 395.11 (opens in a new tab).

The driver's cell phone records may also matter if distraction is suspected. Federal rules bar truck drivers from using a hand-held mobile phone while driving (49 CFR 392.82 (opens in a new tab)).

Driver qualification file (Part 391)

Federal rules require a motor carrier to keep a driver qualification file for each driver (49 CFR Part 391 (opens in a new tab)). It can include the driver's application, motor vehicle records, road test or license records, annual driving record reviews and medical examiner's certificate (49 CFR 391.51 (opens in a new tab)).

The file generally must be kept while the driver works for the carrier and for three years after, though some items may be removed three years after they were created (49 CFR 391.51(c)–(d) (opens in a new tab)). This file can show whether the company hired and kept a driver it should not have.

Maintenance and inspection records (Part 396)

Carriers must systematically inspect, repair and maintain their vehicles and keep records of that work (49 CFR Part 396 (opens in a new tab)). Those maintenance records must be kept for 1 year and for 6 months after the vehicle leaves the carrier's control (49 CFR 396.3(c) (opens in a new tab)).

Driver vehicle inspection reports, where required, generally must be kept for three months (49 CFR 396.11 (opens in a new tab)). Every commercial motor vehicle must also have passed a periodic inspection within the preceding 12 months (49 CFR 396.17 (opens in a new tab)). Brake, tire and lighting problems may show up in these records. Tire failures are covered in our guide to jackknife, rollover and tire blowout crashes.

Drug and alcohol testing records (Part 382)

After certain crashes, the carrier must test the surviving truck driver for alcohol and controlled substances. Testing is required when the crash involved a death. It is also required when the driver gets a citation for a moving violation arising from the crash (within 8 hours for the alcohol test rule, or 32 hours for the drug test rule) and someone was injured and treated away from the scene, or a vehicle had to be towed (49 CFR 382.303 (opens in a new tab)).

If an alcohol test is not done within two hours, or a drug test within 32 hours, the carrier must document why. Attempts at alcohol testing stop after eight hours, and attempts at drug testing stop after 32 hours (49 CFR 382.303(d) (opens in a new tab)). Some testing records must be kept for five years and others for shorter periods (49 CFR 382.401 (opens in a new tab)).

Scene evidence, photos and witnesses

The crash scene holds clues too: skid marks, debris, pavement gouges, final resting positions and vehicle damage. Freeways are often cleared quickly, and marks fade.

Photos and video from your phone, nearby businesses, traffic cameras and other drivers' dashcams can be valuable. Many business video systems record over themselves on a set cycle.

Witnesses matter too. People who stopped to help, other drivers and first responders may remember details that never made it into the police report. Their memories fade, and their contact information can be hard to find later.

What to do: protecting the evidence step by step

1. Get medical care first. Your health comes before any claim. Medical records also document your injuries.

2. Take photos if you can do so safely. Capture the vehicles, the truck's company name and USDOT number, the trailer, the road, signs, weather and your injuries.

3. Get names and phone numbers. Ask witnesses for contact details. Note the responding agency, such as Phoenix Police, the Maricopa County Sheriff's Office or the Arizona Department of Public Safety, and the report number.

4. Keep your own evidence. Save your phone photos, dashcam footage, damaged clothing and car seat. Do not repair or sell your vehicle until it has been documented.

5. Be careful talking to insurers. The trucking company's insurer may call soon. You generally do not have to give a recorded statement to the other side's insurer.

6. Send a preservation letter. A lawyer can send a written demand to the carrier, its insurer and others asking them to preserve specific evidence. More on this below.

7. Download the electronic data. ECM, ELD and camera data often need to be downloaded by trained technicians using special equipment.

To help you keep track, download our free evidence checklist below.

The preservation (spoliation) letter

"Spoliation" means destroying, changing or failing to keep evidence that should have been preserved. A preservation letter, sometimes called a spoliation letter, puts a trucking company on written notice that a claim is expected and that it should keep certain evidence.

A strong letter is specific. It may list the tractor and trailer, ECM and ELD data, camera footage, dispatch messages, the driver qualification file, maintenance and inspection records, drug and alcohol test results, and the driver's phone records. It may go to the motor carrier, its insurer, and other companies that may be involved, such as a freight broker, shipper, leasing company or repair shop.

Why does this matter? Under Arizona law, a party has a duty to preserve evidence it knows, or reasonably should know, is relevant to a case or reasonably should anticipate will be relevant to a future case. If evidence is not preserved, the judge decides whether a sanction is appropriate, considering how culpable the party was and the harm to the other side. Possible sanctions include money sanctions, barring the party from opposing a claim or defense, or an instruction telling the jury it may, but is not required to, assume the lost evidence would have been unfavorable to that party (RAJI Spoliation Instruction (opens in a new tab), citing Souza v. Fred Carries Contracts, Inc., 191 Ariz. 247 (App. 1997)). For electronically stored information, such as ELD data or camera footage, a separate rule applies: a jury may be told to draw an adverse inference only if the court finds the party intended to deprive the other side of the information (Ariz. R. Civ. P. 37(g), as described in the same source).

A letter does not get the evidence into your hands. That happens later, through requests and the court process. What the letter can do is help keep the evidence from being lost while the claim moves forward.

Arizona law and deadlines

Evidence is one clock. The deadline to file a lawsuit is another.

• Two-year limit for injury claims. In Arizona, a personal injury lawsuit generally must be filed within two years after the cause of action accrues (A.R.S. 12-542 (opens in a new tab)). Some exceptions and shorter deadlines apply.

• Claims involving a government entity. If a city, county or the state may share fault, for example because of road design or a work zone, a notice of claim generally must be filed within 180 days after the cause of action accrues (A.R.S. 12-821.01 (opens in a new tab)), and a lawsuit generally must be brought within one year (A.R.S. 12-821 (opens in a new tab)).

• Fatal crashes. If a loved one died, a wrongful death lawsuit generally must be filed within two years of the death (A.R.S. 12-542 (opens in a new tab)). See our guide to fatal truck accidents and wrongful death.

These deadlines can be shorter than they seem once you factor in the time needed to investigate.

How evidence connects to the rest of your claim

Evidence helps answer who is responsible and how much insurance may be available. Records may point beyond the driver to the carrier, a broker, a shipper or a repair shop; see who is liable in a truck accident. Bills of lading and dispatch records can also identify every company whose coverage may apply; see our guide to truck insurance limits.

To learn how a Phoenix truck accident lawyer approaches these cases, start with a free case review.