The moment a semi-truck is involved in a serious crash, two things happen simultaneously. Emergency responders head toward the scene. And the trucking company’s accident response team — often including lawyers and insurance adjusters — heads there too.
That is not a coincidence. Trucking companies know exactly what evidence exists after a crash, how damaging it can be, and how quickly some of it disappears. If you or a family member were seriously hurt in a commercial truck accident in Nebraska or Iowa, understanding what these companies hold — and what they would prefer you never see — can make the difference between fair compensation and nothing.
The Electronic Logging Device (ELD)
Federal regulations require most commercial carriers to use Electronic Logging Devices to track hours of service. The ELD records when the driver was on duty, when they were driving, and when they were supposed to be resting.
If a driver was violating federal hours-of-service rules — pushing past the 11-hour driving limit or ignoring required rest breaks — the ELD will show it. Carriers know this. ELD data is typically stored on the device itself and on a carrier’s backend server. Some carriers have been known to claim data was “corrupted” or unavailable when it contradicts their driver’s account. Getting to this data fast, through a preservation demand and litigation hold, is critical.
The Event Data Recorder (EDR) / “Black Box”
Most modern commercial trucks have an event data recorder — similar to an airplane’s black box — that captures pre-crash data including vehicle speed, brake application, throttle position, and steering input in the seconds before impact.
This data can directly contradict a driver’s claim that they were driving safely or that they braked in time. It can confirm excessive speed, late braking, or no braking at all. EDR data can be overwritten as the truck continues to operate after a crash. If the truck is put back in service before the data is downloaded, it may be gone forever.
Driver Qualification Files
Every commercial carrier is required under federal law (49 C.F.R. Part 391) to maintain a driver qualification file for each driver. This file includes:
- The driver’s application for employment
- Prior employment verification — including a 3-year job history
- Prior accident history reported by former employers
- Drug and alcohol test results going back years
- The driver’s medical certificate and any waivers
- Results of road performance evaluations
A driver qualification file that shows a history of prior accidents, failed drug tests, or falsified medical certifications is devastating evidence of negligent hiring or negligent retention. Carriers do not volunteer these files. They must be demanded.
Driver’s Daily Log Books and HOS Records
Before and after ELD adoption, drivers are required to maintain records of duty status. Even with ELDs, drivers still complete paper logs in certain circumstances, and discrepancies between paper logs and ELD data — what investigators call “log falsification” — are a well-documented problem in the trucking industry.
When a driver falsifies logs to conceal fatigued driving, that conduct can support a claim for punitive damages against the carrier, not just compensatory damages. Carriers understand this, which is why log records — both digital and paper — tend to disappear or become “unavailable” if litigation is not initiated promptly.
The FMCSA Safety Measurement System (SMS) Data
The Federal Motor Carrier Safety Administration maintains publicly accessible data on every registered carrier’s safety history through its Safety Measurement System. This includes scores in seven Behavior Analysis and Safety Improvement Categories (BASICs): unsafe driving, hours-of-service compliance, driver fitness, controlled substances/alcohol, vehicle maintenance, hazardous materials, and crash indicator.
A carrier with poor scores — particularly in unsafe driving or hours-of-service compliance — knew they had a dangerous driver or a systemic safety problem before your crash. That knowledge is relevant to negligent entrustment and to punitive damages. The data is public, but most injured people never know to look for it.
Maintenance and Inspection Records
Federal law requires carriers to maintain detailed records of every inspection, repair, and maintenance performed on each commercial vehicle (49 C.F.R. Part 396). If a truck’s brakes were worn, its tires were bald, or a mechanical system was flagged in a prior inspection and not repaired, those records exist — and they show the carrier knew the vehicle was unsafe.
Post-crash, carriers sometimes rush trucks into the shop. If repairs are made before an independent inspection, critical physical evidence of the vehicle’s pre-crash condition is lost. A hold demand must reach the carrier before the truck is repaired or returned to service.
Onboard Camera and Telematics Data
Many commercial fleets now run continuous dash-cam systems — both forward-facing and inward-facing cameras that record the driver’s behavior. Telematics systems layer on top of this with real-time GPS tracking, hard braking events, speeding alerts, and even drowsiness detection.
This footage and data can show a driver texting, eating, looking away from the road, or drifting out of lane before a crash. It can also show the carrier receiving real-time safety alerts about that driver’s behavior and doing nothing. Carriers frequently claim footage was “not retained” under their standard retention policy — a policy that conveniently results in footage disappearing within 24 to 72 hours unless preserved.
Post-Accident Drug and Alcohol Testing Records
Federal regulations require post-accident drug and alcohol testing under specific circumstances (49 C.F.R. § 382.303). A driver who was operating under the influence will have a positive test. What matters equally is whether the carrier followed the testing protocol correctly — or whether anything about the timing of the test was manipulated to allow a drug to clear the driver’s system.
What You Can Do
All of this evidence exists right after a crash. Some of it has a lifespan measured in hours. The trucking company’s lawyers are moving on day one. If you are seriously injured — or if you have lost a family member in a crash involving a commercial vehicle — the most important step you can take is to hire an experienced truck accident lawyer immediately so that preservation demands go out before evidence is gone.
At the Law Office of Matthew A. Lathrop, we send spoliation letters and litigation holds the same day we are retained on a serious trucking case. We know what to ask for because we know what carriers have and what they are trying to protect.
If you were hurt in a truck accident in Nebraska or Iowa, call us today at 402-614-7744 for a free consultation.
