Hit by a Commercial Truck? Why You Must Preserve Evidence Right Now

Truck accidents aren’t just big car crashes. Commercial carriers have rapid-response teams to protect THEM. Learn why you need to act instantly to save critical “black box” data before it’s gone.

If you or a loved one has just been involved in a collision with a semi-truck, 18-wheeler, or commercial delivery vehicle, you need to understand one thing immediately:

This is not a standard car accident.

Commercial trucking is a multi-billion dollar industry. When one of their drivers causes a serious crash, they don’t just wait for a police report. They often have rapid-response investigation teams—adjusters, accident reconstruction experts, and lawyers—deployed to the scene within hours.

Their job is to protect the trucking company and minimize financial exposure. You need to know what evidence is at risk of disappearing and how to level the playing field right now.

The “Black Box” and Why It Matters TODAY

Almost all modern commercial trucks are equipped with an Electronic Control Module (ECM), often called the “black box.” This device records vital data about the truck’s movements in the seconds before, during, and after a crash, including:

  • Speed: Was the driver speeding?
  • Braking: Did they slam on the brakes at the last second, or not at all (indicating distraction or fatigue)?
  • Steering inputs: Did they swerve?
  • Engine RPM and gear shifting.

THE URGENT WARNING: This data is not saved forever. In many trucks, it can be overwritten simply by driving the truck again. Sometimes, if the truck is towed to a company yard, this data “accidentally” gets erased or lost. You must demand this evidence be preserved immediately.

It’s Not Just the Driver (Federal Regulations)

Unlike a regular car crash where you just swap insurance info, truck crashes involve Federal Motor Carrier Safety Administration (FMCSA) regulations.

Evidence of violations can prove the trucking company was negligent, not just the driver. You need to secure:

  • Hours of Service (HOS) Logs: Was the driver over their legal driving limit and fatigued? Drivers sometimes falsify these logs.
  • Maintenance Records: Did the company know the brakes were faulty but sent the truck out anyway?
  • Hiring & Training Files: Did they hire a driver with a history of DUIs or reckless driving?

Your Immediate Action Plan

If you are at the scene or at the hospital right now:

  1. Do NOT talk to the trucking company’s representatives. They might show up at the hospital. They might sound nice and offer to “take care of everything.” Do not sign anything. Do not give a statement. They are gathering evidence for their defense.
  2. Take photos of the TRUCK. Get pictures of the trucking company logo on the door, the license plate, and any DOT numbers painted on the side of the cab.
  3. Demand a “Spoliation Letter” be sent. This is a formal legal notice sent to the trucking company demanding they preserve the truck, the black box data, driver logs, and all other evidence. Once they receive this, it becomes illegal for them to destroy that evidence.

Level the Playing Field

You are one person against a massive corporate entity that is already building its defense case while you are still receiving medical care. You need someone to send that Spoliation Letter today.

Frequently Asked Questions

1. Who do I sue? The driver or the company? Usually both. The driver may be at fault for the immediate error (like speeding), but the company may be at fault for the systemic error (like forcing the driver to meet unrealistic deadlines that required speeding).

2. The trucking company offered me a quick settlement. Should I take it? Almost certainly not. In truck crashes, injuries are often severe and long-lasting. A quick offer is designed to get you to sign away your rights before you know the true lifetime cost of your medical care and lost wages.

3. What if the truck driver was an “independent contractor”? Trucking companies often use this designation to try and avoid liability for their drivers’ actions. However, federal law often holds the company responsible anyway if their placard was on the truck. Do not let them brush you off with this excuse.

4. How long do I have to act? While Colorado generally gives you three years to file a lawsuit for a motor vehicle crash, the evidence in a truck crash can disappear in days. Waiting even a few weeks can be disastrous for your case.