California truck accident evidence: what to preserve before it disappears
After a crash with a commercial truck, useful evidence may be held by several people: you, the trucking company, a towing yard, nearby businesses, and witnesses. Start with medical care and safety. Then preserve the records already available to you and ask an attorney promptly about evidence that others control.
This checklist explains what to gather for a California truck accident injury claim. You do not need to collect everything before requesting help.
What should I save first?
- Original photographs and video. Keep the original files showing vehicle damage, road markings, traffic signals, debris, weather, and the vehicles’ positions. Do not enter traffic or put yourself at risk to take pictures. Save a backup without editing the originals.
- Truck and trailer identifiers. If safely available, record the company name, license plates, USDOT number, and unit numbers. A tractor and trailer may have different identifying information. A logo alone does not establish who is legally responsible.
- Witness and report details. Keep witness names and contact information, the responding agency, incident number, crash location, and approximate time. Separate what you personally observed from what someone else told you.
- Your losses and treatment. Save appointment records, bills, receipts, work-absence records, towing documents, and insurance correspondence. Record symptoms and limitations accurately; do not guess at diagnoses.
Which records might the trucking company have?
Depending on the truck, trip, and equipment, relevant materials may include driver duty logs, electronic logging device records, dispatch communications, available camera footage, location records, inspection and repair documents, and loading paperwork. Not every truck has every system. An electronic logging device is not automatically a crash-data recorder, and a vehicle computer does not necessarily preserve a complete account of the collision.
An attorney can evaluate which records matter, who controls them, and how to seek preservation and lawful access. Do not try to access a truck’s electronics, accounts, or private property yourself.
How long are trucking records kept?
There is no single retention period for all evidence. For carriers subject to the applicable federal rules, 49 CFR 395.8(k)(1) requires retention of required driver duty-status records and supporting documents for at least six months from receipt. Applicability and exemptions must be evaluated for the particular operation.
A separate rule, 49 CFR 390.15(b), requires covered motor carriers to keep an accident register for three years for accidents covered by that rule. That register is not the same thing as preserving every video, electronic file, or physical part from a crash.
These periods are not deadlines for filing your injury claim or permission to wait. Other evidence may be overwritten or changed sooner, and separate preservation duties may apply. Get advice promptly rather than assuming a listed retention period protects everything.
What about nearby cameras and my damaged vehicle?
Write down businesses, residences, buses, or other vehicles that may have recorded the crash. Save your own dashcam files promptly using the device’s instructions. A request for someone to retain footage does not guarantee that footage exists or that they must give it to you immediately.
Before authorizing disposal or significant repairs to your vehicle, ask your attorney and insurer whether an inspection is needed. Address towing and storage charges promptly; preserving evidence should be coordinated with safe storage and practical cost concerns. Keep repair estimates, photographs, and written communications.
What if I already gave a statement or the truck was repaired?
Tell your attorney what happened and provide any copies you have. Do not alter records or invent missing details. A case assessment can consider the evidence still available; missing one item does not by itself determine whether a claim can proceed.
Talk through your next step
The Masjedian Law Firm practices exclusively personal injury law. Request a free case review or call (310) 598-9614 to discuss your truck accident with Brian Masjedian. Bring what you already have.
The attorney fee is 33% of gross recovery before case costs. If there is no recovery, clients owe no attorney fee and no case costs. Written agreements govern other applicable terms. Read the fee and cost guide.
General information, not legal advice. Rules, deadlines, and outcomes depend on the facts. Contacting the firm does not create an attorney-client relationship or extend a deadline.