Evidence in Texas Truck Accident Cases
After a commercial truck accident, the trucking company and its insurer immediately start working to protect themselves from liability. Without enough clear evidence, insurers have more room to deny responsibility and lessen any settlement you could receive. Police reports provide a handful of facts, but they rarely capture all the details. Records like black box data, driver logs, and company files can point to who is responsible and clarify the extent of damages
Loewy Law Firm gathers all the proof needed to establish fault and recover full compensation. If you’ve been in an accident with a semi truck, choose the truck accident attorneys of Loewy Law Firm at (512) 280-0800 to discuss your case.
Official Records and Reports
Crash Reports (CR-3, TxDOT/CRIS)
In Texas, serious wrecks trigger a crash report (CR-3) from local police or the Texas Department of Public Safety (DPS). The report, stored in the Texas Department of Transportation (TxDOT)’s Crash Records Information System (CRIS), usually includes diagrams, narrative notes, contributing factors, citations, and witness details.
A crash report helps start the fact-gathering, but it doesn’t determine fault. Our attorneys review the report for accuracy, request corrections when needed, and compare it with other evidence to confirm consistency.
Carrier Safety Records (FMCSA)
Federal Motor Carrier Safety Administration (FMCSA) databases, like SAFER and SMS, list company safety data to the public. Repeated problems with hours-of-service, maintenance, or loading help identify patterns that can support liability against the carrier.
Public snapshots are a starting point, but deeper proof comes from company files obtained in discovery. Details that help strengthen a case include driver qualification records, maintenance logs, dispatch communications, and electronic logging data.
Electronic Evidence from the Truck
Commercial trucks contain electronic systems that record how the vehicle was operated before and after a crash. Loewy Law Firm relies on access to this data to help strengthen a case.
Black Box / Event Data Recorder (EDR)
The EDR stores speed, throttle, braking, and time stamps around the impact. Downloaded files allow a reconstruction expert to analyze speed changes and braking distance.
Electronic Logging Devices (ELDs)
ELDs, required for use by most carriers, track driving time, duty status, and required breaks. Comparing ELD data with location records can reveal fatigue or falsified logs.
Telematics and GPS
Systems like Samsara, Motive, or Qualcomm keep location pings, speed history, hard brake events, and dispatch notes. Unsafe driving patterns and company pressure on drivers can be identified by analyzing Telematics and GPS data.
Dash Cameras
Forward-facing and in-cab cameras capture roadway conditions and driver behavior. Video footage confirms factors like traffic signals, following distance, and distractions.
Loewy Law Firm obtains truck data and vendor records, then works with qualified experts to interpret the results for injured clients.
Driver Evidence
A truck driver’s record helps show whether unsafe driving or company oversight contributed to a crash. Loewy Law Firm determines what information will help your case, based on state law, federal law, and our past experience.
Driver Qualification File (DQF)
Driver qualification files include the Commercial Driver’s License (CDL), prior violations, employer references, and training records required under federal rules. Missing items or red flags support negligent hiring or supervision allegations. Our attorneys request the file and compare it with other sources of information.
Drug and Alcohol Testing Records
Records cover pre-employment and random tests. Post-crash testing either confirms impairment or rules it out. Refusals, delays, or missing forms affect liability.
Medical Certifications
DOT medical certification shows whether the driver met fitness standards at the time of the crash. Conditions like untreated sleep apnea or seizure risk raise fitness questions. Lapses in renewal or restrictions can weigh on liability.
Our attorneys obtain driver records and electronic truck data to establish fault on behalf of injured clients.
Company Records
A trucking company’s internal files show whether basic safety steps were followed. Our team examines reports to find more evidence to attach to your case.
Maintenance Logs
Maintenance and inspection records list service dates, brake work, tire replacements, out-of-service notices, and repair orders. Missing entries, late inspections, or repeat defects point to maintenance failures that contributed to the crash.
Loading and Cargo Records
Bills of lading, weight tickets, and securement checklists show load weight and placement. Overweight loads or loose cargo increase risk and tie fault back to the carrier or shipper.
Training and Safety Policies
Written policies, driver handbooks, and dispatch directives show what the company expects and how it enforces safety. Documents that push tight schedules or ignore hours-of-service limits help explain unsafe driving.
Our lawyers request records at the outset and compare them with EDR and ELD data to confirm what caused the crash.
Evidence from the Scene
Scene evidence fades fast. Tow crews clear vehicles, rain washes marks, and businesses overwrite camera footage. Our team makes sure evidence from the crash is preserved quickly.
Surface Marks and Debris
Skid and yaw marks, gouges, and debris fields let reconstruction experts estimate speed, brakes, and impact angles.
Photos and Video
Phone photos, dashcam clips, and nearby business cameras reconstruct the elements that contributed to the crash. Time stamps line up with EDR/ELD data to build a reliable timeline.
Road and Weather Conditions
Surface defects, construction zones, standing water, or ice change stopping distance and visibility. Conditions near highways, such as I-35, SH-45, or RM 620 can tie the crash to local hazards.
Loewy Law Firm documents scene evidence quickly and secures copies before vehicles move and footage vanishes.
Preserving Evidence Before It Disappears
Our attorneys act fast because evidence can quickly disappear from the scene of the accident. Here are a few ways Loewy Law Firm keeps information from getting erased.
Preservation Letters
A preservation letter instructs the carrier and its vendors to retain the truck and trailer, download and save EDR/ELD data, keep telematics and dashcam files, and maintain driver and maintenance records. The letter lists what to keep and warns of penalties if evidence goes missing after notice.
Temporary Restraining Orders (TROs)
A judge can issue a TRO that stops repairs, movement, or sale of the equipment until an inspection occurs. The order can also require access for imaging, downloads, photographs, and measurements.
Spoliation and Penalties
If data is erased or equipment is altered after notice, the court can impose sanctions. A judge may allow a jury to assume the lost evidence would have hurt the party that failed to preserve it.
Our attorneys send preservation demands immediately, seek TROs when needed, and coordinate inspections and downloads so key evidence stays intact.
Expert Analysis of Evidence
Qualified experts turn truck data, company records, and scene measurements into clear answers about cause and impact.
Accident Reconstruction
Accident reconstruction uses EDR and ELD files, skid and yaw measurements, vehicle damage, and timestamps to model the sequence and speeds. Findings determine details that reconstruct the position of each vehicle.
Biomechanical Experts
Biomechanics relate crash forces to the injuries in the medical record. Opinions address causation, expected recovery, and lasting limits on work or daily activities.
Trucking Safety Experts
Trucking safety experts compare carrier conduct to federal rules and accepted practices. Reviews of hiring, training, supervision, and maintenance show whether the trucking company met required standards.
Economists and Life-Care Planners
Economists and life-care planners calculate future medical care, equipment, therapy, home assistance, and lost earnings or earning capacity.
Loewy Law Firm identifies the right experts, prepares them with complete records, and presents clear findings in negotiations and at trial.
Defense Tactics Around Evidence
Carriers and their insurers try to create gaps that reduce liability. Defense tactics like lost data, partial production, and changing blame do not erase liability, but they can make a case harder to prove if unchallenged.
Lost Data Claims
Carriers may argue that ELD or black box files were overwritten as part of routine cycles. In practice, those files can be recovered if preservation demands go out quickly.
Downplaying Log Errors
Defense teams may frame driver log violations as clerical mistakes with no effect on fatigue. Comparing the logs with GPS, telematics, and dispatch notes can expose the real hours on duty.
Changing Blame
Carriers sometimes point to bad weather, poor road design, or another driver to dilute fault. Reconstruction experts and scene evidence can counter those arguments.
Partial Production
Defense teams may turn over selected pages while holding back dispatch notes, safety audits, or maintenance logs. Discovery motions and court orders force complete disclosure.
Loewy Law Firm anticipates defense tactics and acts quickly to secure complete records, line up experts, and stop the defense from controlling the narrative.
How an Injured Person Can Protect Evidence
Simple steps in the first days after a crash help preserve necessary proof. Police reports and insurance forms rarely capture electronic truck data or company records, so extra documentation reduces the room for the defense to dispute fault.
Steps to take include:
- Get medical care right away and keep all treatment records.
- Take photos or videos of vehicles, the roadway, and injuries.
- Collect names and contact details for witnesses.
- Note where each vehicle is towed and who has custody.
- Pause repairs and truck data downloads until an inspection takes place.
- Call a lawyer quickly so preservation demands go out before vehicles are repaired or electronic logs are overwritten.
Our attorneys will take over the collection process for you and build on what you already gathered.
How Loewy Law Firm Uses Evidence to Build Cases
Our attorneys act quickly after a truck crash to lock down records before they can be lost. Our attorneys send preservation demands, arrange inspections, and file motions when carriers hold back information.
We also bring in reconstruction experts to review black box data and match it with driver logs, dispatch notes, and maintenance files. In past cases, those records have revealed safety violations that insurers tried to downplay. With a complete evidentiary record, we press for full compensation on behalf of our clients.
FAQs on Evidence in Truck Accident Cases
Can I get access to the black box data?
Yes. A lawyer can request it through preservation letters or subpoenas, and experts can download it before the truck is returned to service.
How long do trucking companies keep driver logs?
Federal rules require carriers to keep electronic logs for six months, though a few systems overwrite in shorter cycles. Quick court action is needed to preserve them.
What happens if the company repairs the truck before inspection?
Evidence can be altered or lost if repairs are made. A court can sanction the company if preservation demands were sent before the changes.
Will the police automatically give me all the crash evidence?
Police provide the crash report, but other records like body camera footage, dashcam video, or witness statements require specific requests.
What other records can be used in a truck accident case?
Carrier files, like maintenance logs, driver qualification records, and dispatch notes, can confirm unsafe practices.
Can video from nearby businesses help my case?
Yes. Surveillance footage can show speed, lane position, or traffic signals. Attorneys move quickly to request copies before the files are erased.
Do I need experts to explain the evidence?
In most cases, yes. Reconstructionists, truck safety specialists, and economists translate raw data into testimony that connects the crash to liability and damages.
What if the trucking company says the evidence no longer exists?
A court can impose penalties if evidence is destroyed after a preservation request. An attorney can argue that missing records would have supported your case.
Protecting Your Case with Strong Evidence
Evidence drives the outcome of a truck accident case. Records from the truck, the driver, and the carrier show how the crash happened and who is responsible. Without them, insurers have more room to dispute fault and limit recovery.
The Austin truck accident lawyers at Loewy Law Firm move quickly to secure that proof, work with experts, and present it in a way that strengthens your case. Contact our office at (512) 280-0800 for a free consultation.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.