Event data recorder ("black box") / ECM
Every modern commercial truck has an Engine Control Module (ECM) that continuously records vehicle speed, engine RPM, throttle position, brake application, cruise control status, and hard-braking or airbag deployment events. In a serious crash, the ECM is the most important piece of physical evidence in the case.
ECM data can be overwritten as soon as the truck is driven off the scene or the module is powered down. It should be downloaded by a qualified expert — with a chain-of-custody protocol — as soon as possible.
Electronic logging device (ELD) records
Since 2017, most commercial drivers must use an ELD to record hours of service under 49 C.F.R. § 395.8. ELDs record duty status (driving, on-duty not driving, off-duty, sleeper berth), engine hours, vehicle miles, and GPS location at 60-minute intervals.
Under 49 C.F.R. § 395.22(i), carriers must retain ELD records for only 6 months. Without a preservation letter, the records for a crash that happened even a few months ago may already be gone.
Driver qualification file
Under 49 C.F.R. § 391.51, a motor carrier must maintain a Driver Qualification File (DQF) for every driver, including:
- The employment application (§ 391.21) — 3 years of prior driving history.
- DOT medical examiner's certificate (§ 391.43).
- Road-test results and CDL.
- Annual review of driving record (§ 391.25).
- PSP (Pre-Employment Screening Program) query results.
Gaps or missing entries in a DQF are frequently the cornerstone of a negligent-hiring claim against the motor carrier.
Dashcam and traffic-camera footage
Many commercial trucks have in-cab dashcams that record forward-facing road video, driver-facing video, or both. Retention is often 7–30 days on a rolling loop. Traffic cameras at intersections, MDOT freeway cameras, and business surveillance systems have even shorter windows — 72 hours is common.
Every hour that passes between the crash and the preservation letter increases the odds that key footage is gone forever.
Maintenance and inspection records
Federal law requires carriers to keep detailed records of vehicle maintenance, driver vehicle inspection reports (DVIRs), and annual DOT inspections:
- DVIRs — driver's pre- and post-trip inspection reports (49 C.F.R. § 396.11).
- Annual inspections — required by § 396.17 and § 396.21.
- Maintenance history — brake pads, tires, steering, lighting.
A missing or falsified DVIR paired with a mechanical failure is often the difference between an ordinary negligence case and a punitive-damage case.
Post-crash drug and alcohol tests
Under 49 C.F.R. § 382.303, a motor carrier must administer post-crash alcohol tests within 8 hours and drug tests within 32 hours of a qualifying crash. Failure to test — or a positive test — is directly admissible on the driver's fitness and the carrier's compliance.
Dispatch, load, and shipping documents
- Bills of lading — identify the shipper and cargo.
- Weight tickets and scale receipts — show overloading.
- Dispatch instructions — expose unrealistic delivery windows.
- Broker-carrier agreements — establish broker liability.
- Fuel receipts and toll records — corroborate (or contradict) the driver's logbook.
Michigan crash reports and law-enforcement records
- The Michigan UD-10 crash report.
- Michigan State Police Motor Carrier Division inspection reports.
- 911 audio and dispatch logs.
- Body-worn camera footage from responding officers.
These records must usually be requested under the Michigan Freedom of Information Act (MCL 15.231 et seq.). Some agencies retain audio and video for as little as 30 days.
The spoliation-preservation letter
Everything above is worthless if the trucking company legally destroys it on its ordinary retention schedule. A spoliation-preservation letter — sent by counsel to the carrier, its insurer, and any leasing or maintenance vendors — creates a legal obligation to preserve every category of evidence identified in the letter.
If the carrier destroys evidence after receiving the letter, Michigan courts can impose sanctions under MCR 2.313 — up to and including striking the carrier's defenses and giving the jury an adverse-inference instruction. Federal courts have similar authority under Fed. R. Civ. P. 37(e).
Every day matters. Call now to protect the evidence.
Jay Trucks & Associates sends a spoliation-preservation letter to the carrier and its insurer the same day we are retained — locking down the ECM, ELD, dashcam, and dispatch records that will decide your case.