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A commercial truck collision can leave several different electronic records. Truck ELD, logbook, and telematics evidence can help explain driving hours, vehicle movements, and events around a crash. This guide explains what to request, how to compare the records, and why preservation should begin before routine deletion or vehicle changes affect available evidence.
Updated September 14, 2026
Federal rules require ELDs for covered drivers, with exceptions. An electronic logging device connects to the engine to record required vehicle information, while drivers also make entries and certify their duty records. ELD records and paper logs describe hours of service. They are not a complete recording of every action inside the cab.
A truck may also use a telematics or camera system. Depending on the equipment, configuration, and subscription, it may record location updates, hard-braking events, alerts, or video. These records can be stored separately from ELD information. Confirm what was installed and active in the specific truck.
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An investigation should identify the available systems before deciding which records can answer a disputed question.
49 CFR § 395.26 specifies data recorded at required events. ELD records can include:
What it does not record: the driver’s attention, whether they were on the phone, what their eyes were doing, whether the load was properly secured, or whether they had eaten or slept. It tells you the truck was moving. It does not tell you the driver was paying attention.
49 CFR § 395.30 governs edits, annotations, certification, and retention of original information. An edit is not automatically evidence of falsification. Request the original record, change history, annotations, and certification. Section 395.32 separately requires review of unidentified driving, assignment to the appropriate driver or an explanatory annotation, and retention of unidentified records.
Fleet telematics fills in what the ELD leaves out. Depending on the carrier’s platform, you may be able to pull:
NHTSA’s Special Crash Investigations program examines vehicle, scene, interview, and other records. In a civil claim, electronic information likewise needs comparison with the physical evidence. The agency program does not establish that every commercial vehicle supplies the same data.
A speed trace or video segment can help test a driver’s account when its timestamps, source, and limitations are understood. There is no universal 45-second speed and following-distance history. Ask for the native records and documentation explaining the system’s sampling intervals, triggering events, and missing fields.
FMCSA’s supporting-document guidance explains the categories in 49 CFR § 395.11 and the rule for retaining up to eight qualifying documents per on-duty 24-hour period. Other relevant records may also exist even if this particular rule does not require each one. Requests can include:
For a hypothetical example, a fuel transaction during a recorded sleeper-berth period warrants investigation. It does not prove falsification by itself. Another driver could have handled the vehicle or purchase, and timestamps may use different time zones. Compare transaction details, dispatch, driver assignments, and the original log before drawing a conclusion.
Cross-referencing works the other direction too. Cell-tower records, dashcam timestamps, and weigh-station scale-in times all offer independent checks against what the driver claimed.
The FMCSA hours-of-service summary explains the ordinary property-carrying limits under 49 CFR § 395.3:
Exceptions and special provisions, including qualifying short-haul, sleeper-berth, and adverse-condition rules, can change the analysis. Being in hour 13 of a 14-hour window does not by itself establish a violation. A violation also does not automatically establish fatigue or collision causation. The work history must be connected to evidence of what happened on the road.
The driver qualification file and relevant inspection history may identify issues requiring further investigation. Prior violations or a carrier safety score do not prove responsibility for this crash. Drug and alcohol testing records have separate confidentiality and retention rules under 49 CFR § 382.401.
UnderA.R.S. § 12-2505, ordinary comparative negligence reduces damages by the claimant’s share of fault. For example, a hypothetical $500,000 loss reduced by 20% leaves $400,000 before fees, costs, liens, coverage, and collection issues. The statute includes an exception for a claimant’s intentional, willful, or wanton conduct.
Electronic evidence can help test an allegation of speeding, distraction, following too closely, or late braking. The record must actually support the inference. A warning entry does not establish that the driver saw or ignored a warning, and an absent warning does not prove safe driving. Compare the device information with witness accounts and the physical sequence.
A well-organized record makes the competing explanations easier to evaluate. It does not promise a particular fault percentage. Responsibility, medical causation, damages, and available coverage still require separate proof.
Different rules apply to different records. Identify the source before relying on a retention period.
49 CFR § 395.8(k) requires carriers to retain covered duty records and supporting documents for at least six months from receipt. Its requirement that drivers retain the previous seven consecutive days for inspection is not an eight-day maximum storage rule. Section 395.22(i) requires a separate backup copy of ELD records retained for six months.
Video and additional telematics may follow different retention settings. Determine whether data is stored locally, uploaded to a vendor, retained only after a trigger, or already exported. Do not assume an entire trip was recorded or that a particular number of days remains.
A preservation request should identify the collision, truck, driver, relevant dates, original data, edits, backups, and supporting documents. Contact the carrier and identifiable custodians. Seek written confirmation of what exists and how it will be preserved. Notice does not itself grant access or guarantee compliance.
The ordinary Arizona private-party injury filing deadline is generally two years after accrual under A.R.S. § 12-542. Public-entity claims generally require 180-day notice under § 12-821.01 and suit within one year under § 12-821, both measured from accrual and subject to applicable exceptions. None of those periods guarantees continued availability of electronic evidence.
Start the preservation review promptly. A six-month retention rule is a minimum obligation for specified records, not a reason to postpone investigation or permission to destroy evidence subject to a continuing duty.
ELD and telematics data is powerful, but it isn’t magic. Be honest about what it doesn’t do:
Missing records can affect proof. Counsel can investigate whether a preservation duty existed, what was lost, why it was lost, and what remedy is available. Sanctions or an adverse inference depend on the facts and the court. Nonproduction does not automatically give an injured third party a bad-faith claim against the carrier’s insurer.
A focused investigation can follow this sequence:
Ask which records can resolve a specific dispute and what the work will cost. Not every collision needs the same reconstruction effort. The investigation should remain proportionate to the issues and supported by reliable methods.
Carriers must retain covered duty records and supporting documents for at least six months; ELD backup and unidentified driving rules also require six-month retention. The previous-seven-day driver availability rule is not an eight-day maximum storage period. Other video or telematics requires a separate retention check.
Certain corrections are permitted under 49 CFR § 395.30, with annotation, certification, and preservation of original information. Section 395.32 addresses unidentified driving. An edit alone is not proof of manipulation.
Request a specific explanation identifying the records, custodian, retention settings, and reason for loss. Missing evidence can hurt either side’s proof. Any preservation remedy depends on the actual duty, circumstances, and court; loss does not automatically create a separate insurance claim.
No. It can help describe recorded duty status and vehicle events, but accuracy, driver identity, timing, and causation must be evaluated. Compare it with supporting records and physical evidence.
The ELD rule generally applies to commercial motor vehicles operated by drivers subject to federal hours-of-service rules, which covers most tractor-trailers and many straight trucks in interstate commerce. There are exceptions (short-haul, older engines, some agricultural operations). Whether the truck that hit you was covered depends on the specific facts of the operation.
Reliable electronic records may support or undermine a fault allegation. Ordinary negligence damages are reduced by claimant fault under A.R.S. § 12-2505, subject to the statute’s misconduct exception. No device guarantees a fault allocation or payment.
Bring the crash date, location, truck photographs, carrier name, report number, and correspondence to a free consultation. Call (602) 345-1818. We offer phone intake 24/7 and can help identify which records need a prompt preservation review.
By Jared J. Pehrson | Impact Legal Car Accident Attorneys
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