As early as possible, ideally within days. Trucking companies control the most important evidence, including electronic logging data, dashcam video, and engine data, and federal rules require some of those records to be kept for only six months.
Speed matters more in a truck crash than in almost any other injury case. The carrier and its insurer often begin investigating within hours, and the evidence that decides fault sits in the company's hands: hours-of-service records from the electronic logging device, the truck's engine data, forward and driver-facing camera video, dispatch messages, and maintenance files.
Some of that evidence has a short legal shelf life. Under 49 CFR Part 395, motor carriers must keep hours-of-service records and supporting documents for six months. Video systems may record over footage on a schedule. A preservation letter from a lawyer puts the company on notice, and Texas law can penalize a party that destroys evidence after it knew or should have known a claim was coming, under Brookshire Bros. v. Aldridge (2014).
Early help also shapes the coverage picture. Interstate carriers of general freight must carry at least $750,000 in liability coverage under 49 CFR 387.9, and claims may involve the driver, the motor carrier, a trailer owner, a shipper or loader, or a maintenance contractor. Identifying each one early keeps the right parties in the case.
Medical care and the claim run in parallel. Getting treatment and following the plan come first, and a lawyer can handle the insurers, the evidence, and the paperwork while you do. Waiting until treatment ends risks losing the records that prove the case.
The two-year filing deadline under Civil Practice and Remedies Code section 16.003 still applies, but the practical deadline in a truck case is much shorter. Owsley Law Firm sends preservation letters quickly in 18-wheeler cases and charges no fee unless it wins.
What to do, step by step
- Photograph the truck's USDOT number, the company name, and the trailer.
- Get medical care and keep every record.
- Call a lawyer within days so preservation letters go out quickly.
- Do not talk with the trucking company's investigator or insurer.
The carrier's records often decide the case: driver qualification files, drug and alcohol testing records, maintenance and inspection reports, and dispatch communications that show schedule pressure.
Truck crashes frequently involve more than one company, such as a carrier, a broker, a trailer owner, or a shipper. Sorting out who did what early keeps every responsible party and policy in the case.
Mistakes that cost people money
- Waiting months to act while video and data are overwritten.
- Giving a statement to the carrier's rapid-response team.
- Assuming the driver's personal insurance is the only coverage.
Related questions
Is a truck case different from a car case?
Yes. Federal safety rules, larger insurance policies, multiple companies, and perishable electronic evidence make it more complex.
What is a preservation letter?
A written demand that the company keep specific evidence, such as logs, video, and vehicle data, because a claim is coming.
How long do I have to file suit?
Generally two years in Texas, but evidence can be lost long before that.
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