Posted in Truck Accident
After a collision with a commercial truck, the most useful evidence often sits in the carrier’s own files rather than at the scene. Driver logs, dispatch records, and electronic data show what happened in the hours before impact. At Yearin Law Office, we request those records early because federal law does not require the carrier to keep them for long.
The Six Month Retention Rule
Under 49 CFR 395.8(k)(1), a motor carrier must keep each driver’s records of duty status and all supporting documents for six months from the date it receives them. FMCSA guidance confirms that the same six month period applies to electronic logging device data, along with a backup copy stored on a separate device.
Six months passes quickly after a serious collision. Many people injured in a truck crash are still receiving treatment at that point, and some have not yet consulted a Scottsdale, AZ truck accident lawyer. Once the retention period ends, the carrier may lawfully discard the records that would establish whether the driver exceeded the permitted hours.
What the Logs Actually Show
Records of duty status track four categories for every 24-hour period.
- Driving time is measured against the 11-hour daily limit.
- On-duty time covers work that was not driving, such as loading or inspections.
- Off-duty time records the break between shifts.
- Sleeper berth time shows when the driver was resting in the cab.
Supporting documents include fuel receipts, toll records, bills of lading, and dispatch messages. Together they let us compare the driver’s log against where the truck physically was, which is how falsified entries get exposed in semi truck accident claims.
Why Timing Matters in Scottsdale
Truck tractors were involved in more than 3,200 crashes across Arizona in 2024, according to ADOT crash data. Loop 101 and the Scottsdale Road corridor carry a steady share of that freight traffic.
The carrier’s insurer typically opens its file within a day of the crash. Its adjusters know the retention rule and plan around it. An injured person who waits several months before determining fault may find the logs are gone and the driver’s account is the only one left.
Preservation Letters
A preservation letter is a written demand that the carrier retain specific categories of evidence beyond the six-month minimum. We send these within days of being retained. The letter identifies logs, ELD downloads, engine control module data, dashcam footage, maintenance files, and the driver qualification file, and sending it early is one of the most reliable ways of strengthening a truck claim.
If a carrier destroys records after receiving that letter, Arizona courts can instruct a jury to assume the missing evidence would have hurt the carrier’s position. That instruction often changes how a case settles, and it is a central part of proving a truck case.
What Injured People Can Do Now
You do not need to have every document in hand. A Scottsdale, AZ truck accident lawyer can request most of it. Acting before the window closes matters most, along with keeping any photos, the crash report number, and correspondence from an adjuster.
For families, the same records matter in a wrongful death claim, where the driver’s hours in the days before the crash are frequently the strongest evidence of negligence.
If a commercial truck hit you or someone in your family, contact a Scottsdale, AZ truck accident lawyer at Yearin Law Office before the carrier’s retention period runs out. We will identify what records exist, send the preservation demand, and tell you plainly what your claim involves.
