Federal regulations require trucking companies to create and maintain mountains of internal records. These include ELD logging data, mechanical inspection reports, driver qualification files, mandatory drug testing records, and cargo securement documentation. The list goes on and on. While most of this highly critical information will be obtainable later through your attorney during the discovery phase, that does not mean it will still be there when you need it.

The Importance of the Electronic Control Module

Modern commercial trucks are equipped with an Electronic Control Module. This device operates identically to the “black box” found on commercial airplanes. The ECM records vital telemetry data leading up to a crash event. When our accident reconstruction experts download this data, we can instantly determine:

• The exact speed the truck was traveling prior to the impact.
• Whether the driver applied the brakes, and exactly how hard they pressed the pedal.
• The precise steering angle, indicating if the driver attempted an evasive maneuver or was completely asleep at the wheel.
• Clutch application and cruise control status.

Preserving Evidence with Spoliation Letters

ECM reporting data can be easily overwritten or deleted by normal vehicle use. Some corporate companies will purposely not take the initiative to preserve electronic evidence that makes them look bad. This is why preserving regulatory records early is absolutely paramount to winning your case.

One of the very first things our truck accident attorneys will do is send a formal spoliation letter to the trucking company. A spoliation letter is a powerful legal document that demands they preserve all physical and digital records related to the crash. It puts the corporation on high alert that if they lose or delete critical evidence, they will face severe sanctions or contempt of court charges. Accidents happen, hard drives crash, and emails mysteriously get deleted. If a trucking company says they do not have the data, we will legally hold them accountable for its destruction.