In most injury claims, evidence sits still and is collected later. In a truck case, evidence is deleted on a schedule you do not control.
What exists, and how long it lasts
| Record | What it shows | Typical retention |
|---|---|---|
| ELD data | driving time, duty status, location | 6-month backup required (49 CFR 395.22(i)) |
| Engine / ECM data | speed, braking, throttle, engine hours | varies; often overwritten or downloaded only on request |
| Dashcam video | impact, following distance, driver attention | days to weeks; often overwritten automatically |
| Telematics | GPS, hard-braking events, idle time | varies by vendor and plan |
| Dispatch records | the trip assignment and schedule | retained, but only if requested |
| Driver qualification file | hiring, training, medical certification | retained by regulation |
| Maintenance records | brake and tyre history | retained, but only if requested |
| Drug and alcohol tests | post-crash testing | short window, and only if testing was ordered |
The six-month ELD rule is the only clear federal floor on this list. Everything else depends on the carrier’s own systems — and on whether anyone asked in time.
Why a letter, and not a phone call
A phone call creates no record. A letter does two things:
- It fixes the date the carrier knew the records were relevant. If they are destroyed after that date, the destruction is much harder to explain.
- It creates an obligation to suspend automatic deletion. Most carriers have a litigation-hold procedure. A letter is what triggers it.
Ohio: there is no spoliation statute
Ohio does not have a standalone statute that says “preserve evidence or be sanctioned”. Preservation is enforced through the discovery rules — Ohio Civ. R. 26 and Civ. R. 34 — and through a court’s authority to sanction the destruction of evidence.
Practical consequence: the letter should demand preservation and say that a Rule 34 request will follow. It should not cite a statute that does not exist.
Who to send it to
Not just the driver, and not just a generic address.
- The registered agent. Every carrier registered to do business has one, and it is searchable through the Ohio Secretary of State.
- The safety director. By name if you can find it. Safety is the department that owns the logs.
- The insurer, if you know it. Claims departments route preservation notices.
Send by a method that produces proof of delivery, and keep the receipt.
What the letter should list
The list is the substance. A demand that says “preserve all evidence” invites a narrow reading. A demand that names each record does not.
At minimum: ELD and hours-of-service data for the 72 hours before the crash, dashcam footage (forward and driver-facing), engine and telematics data, the driver qualification file, drug and alcohol results, maintenance and inspection records, dispatch and bills of lading, and the insurance policy.
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