To preserve evidence after a truck accident in Texas, document the scene if you safely can, get the truck and driver information, avoid recorded statements to the trucking company’s insurer, and have a lawyer send a spoliation letter right away. The most important evidence in a truck crash is controlled by the trucking company, not by you.
A commercial truck can carry an engine control module, an electronic logging device, cameras and GPS tracking, and the company keeps driver files, dispatch messages and maintenance records. Some of that information can be repaired away, overwritten or discarded within days or weeks.
Trucking companies and their insurers often send investigators to serious crashes quickly. TxDOT reported 2,684 crashes involving commercial motor vehicles in Bexar County in 2024, and in each one, the side that secures the evidence first has an advantage.
The steps below explain what you can do yourself and what your lawyer needs to do in the first days after the crash. Call 210-TREVINO for a free case review.
What Could Your Truck Accident Case Be Worth?
Answer a few quick questions about your accident. Takes about 60 seconds.
See What My Case Might Be WorthThe insurance company offered less than $20,000. I ended up with over $1 million. — Jackie Galindo
At Trevino Injury Law, our San Antonio truck accident lawyers send preservation demands as soon as we are hired, arrange independent inspections, and prepare every case for a Bexar County jury. You pay nothing unless we win. Se Habla Español.
What Evidence Should You Preserve at the Truck Accident Scene?
If you are physically able and it is safe, the most useful evidence you can gather at the scene is photos, the truck’s identifying information and the names of witnesses. Your health comes first. Call 911, stay out of traffic and accept medical care.
- Call 911 so police and emergency medical services respond and a crash report is made.
- Photograph the vehicles where they came to rest, the damage, skid marks, debris and road conditions.
- Photograph the truck’s cab door, which usually shows the company name and USDOT number, and the tractor and trailer license plates.
- Get names and phone numbers of witnesses.
- Note nearby businesses, homes and traffic cameras that may have recorded the crash.
- Keep your own vehicle, damaged property and clothing until your lawyer says otherwise.
What Information Should You Get From the Truck Driver?
Ask for the driver’s name, commercial driver’s license number, employer, the motor carrier’s name and USDOT number, and the insurance information. Stay calm and stick to the facts. Do not apologize or guess about speed or fault, because those statements can be used later to shift blame.
What Evidence Does the Trucking Company Control?
Most of the evidence that proves how a truck crash happened belongs to the trucking company, which is why it has to be preserved through a lawyer’s formal demand.
| Evidence | What it can show |
|---|---|
| Engine control module (black box) data | Speed, braking, throttle and cruise control before the crash |
| Electronic logging device records | Hours of service and possible fatigue violations |
| Dash cam and driver-facing video | What the driver saw and did, including distraction |
| Dispatch messages and GPS data | Routes, schedules and pressure to keep moving |
| Maintenance and inspection records | Brake, tire and equipment problems |
| Driver qualification file and drug and alcohol tests | Hiring, training and post-crash testing |
| The tractor and trailer | Physical damage, failed parts and load securement |
Each item can point to a different kind of negligence. Learn more about how trucking company negligence is proven in Texas.
How Long Do Trucking Companies Keep Records?
Federal rules require trucking companies to keep some records only for limited periods, and some data has no federal retention requirement at all. Hours of service records and supporting documents generally must be kept for 6 months, and vehicle maintenance records for 1 year and 6 months after the vehicle leaves the carrier’s control. There is no specific federal retention period for black box or camera data, which can be overwritten as the truck keeps operating.
Once a company knows a claim is likely, Texas law expects it to preserve relevant evidence regardless of those minimum periods. Read more about how a spoliation letter protects truck black box data.
How Does a Lawyer Lock Down Truck Accident Evidence?
A truck accident lawyer preserves evidence by sending spoliation letters to every responsible company, arranging an independent inspection and data download, and asking the court for help when a company will not cooperate.
- Send spoliation letters to the motor carrier, its insurer and any other company involved, such as a shipper, broker or maintenance shop.
- Ask that the truck be held without repair until it can be inspected.
- Arrange for a qualified technician to download the engine control module and logging device data using a documented chain of custody.
- Request police reports, 911 recordings and body or dash camera video from public agencies through public information requests.
- Ask the court to order access or preservation if a company refuses.
- Bring in accident reconstruction experts to analyze the physical and electronic evidence.
Video can be lost especially fast. See our guide to securing dash cam evidence after a truck crash in Texas.
Should You Talk to the Trucking Company’s Insurance Adjuster?
You are not required to give a recorded statement to the trucking company’s insurance adjuster, and it is usually best to let your lawyer handle that communication. Adjusters may ask questions designed to suggest you were partly at fault, which matters because Texas reduces or bars recovery based on your share of responsibility.
Early calls can also be used to delay. Learn how trial lawyers and settlement mills handle truck accident claims differently.
What If the Trucking Company Destroys Evidence?
If a trucking company fails to preserve evidence it had a duty to keep, the remedy comes within your injury case, not through a separate lawsuit. In Trevino v. Ortega (Tex. 1998), the Supreme Court of Texas declined to recognize evidence spoliation as an independent tort. Instead, the trial court can impose remedies in the underlying case, and under Brookshire Bros., Ltd. v. Aldridge (Tex. 2014), a spoliation instruction to the jury is reserved for intentional destruction or for negligent loss that leaves the other side without a meaningful way to prove its claim.
That is why early written notice matters. It shows the company knew the evidence was important and makes it harder to explain away a loss.
Truck Accident Evidence: Quick Answers
Do I Need a Police Report to File a Truck Accident Claim?
A police report is not legally required to bring a claim, but it is valuable early evidence of the scene, the parties and the officer’s observations. Call 911 after any serious crash so a report is made.
How Long Do I Have to File a Truck Accident Lawsuit in Texas?
Most Texas personal injury lawsuits must be filed within two years of the crash, but key evidence can be lost in days, so do not wait to preserve it.
Does This Apply to Delivery Vans, Box Trucks and Dump Trucks?
Yes. Commercial vehicles of all sizes may carry data, cameras and business records. See our pages on delivery truck accidents and 18-wheeler accidents.
Will My Own Insurance Company Preserve the Evidence for Me?
No. Your insurer is not your lawyer and generally will not send preservation demands or litigate against the trucking company on your behalf.
Why Hire Trevino Injury Law to Preserve Truck Accident Evidence?
Trucking companies and their insurers start building their defense right away. Trevino Injury Law sends preservation demands early, arranges independent inspections, and prepares every case for a Bexar County jury. We secured a $17 million settlement in a head-on collision case involving three fatalities. Prior results do not guarantee a similar outcome.
Want to Protect the Full Value of Your Claim?
You’ve seen how this affects your case — but this is only one piece of the puzzle. Our Truck Accident Lawyer page breaks down what a trial-ready firm does differently.
The evidence in a truck crash can decide who pays and how much, and the trucking company often reaches it first. Before you give any statement, talk to a lawyer before you talk to the insurance company.
Call 210-TREVINO for a free, confidential consultation. Se Habla Español. You pay nothing unless we win.
