Fatigue, Impairment & Dangerous Behavior

ELD records must be retained for six months under FMCSA rules. GPS telematics retention varies by provider and is often only 30 to 90 days. Call detail records can be obtained by subpoena for roughly one year from Verizon, two years from T-Mobile, and up to seven years from AT&T, though text message content is retained only briefly. Dispatch records and communication logs follow the carrier's internal retention policy.

Spoliation occurs when relevant evidence is destroyed, altered, or concealed after a party knew or should have known litigation was likely. In trucking cases, courts have responded to spoliation with adverse jury instructions, monetary sanctions, or dismissal of defenses. Destruction of dashcam footage is a recurring spoliation issue in trucking cases.

Technically, ECM data is stored on a rolling buffer and can be overwritten by normal truck operation. A carrier's duty to preserve it arises once litigation is reasonably foreseeable, but without a prompt litigation hold, the data often disappears before that duty is enforced. Courts have sanctioned carriers for allowing this data to be lost after notice of a claim.

A litigation hold (or preservation letter) is a formal notice sent to the carrier, insurer, and any third parties demanding that all relevant evidence be preserved and not destroyed. It should be sent within 24 to 48 hours of a serious crash. Failure to comply can result in sanctions, adverse inference instructions, or default judgment.