In the hours after a serious truck crash, you may be in an ambulance or helping an injured family member. Call 911 and follow the emergency responders’ instructions. Leave evidence gathering until people are safe. When you can, put the photos, contact details and medical papers you already have in one place. The harder task is identifying records you cannot see: a camera recording, a dispatch message or data held by a trucking company’s vendor. Those sources do not all keep information for the same length of time.
At the scene: focus on safety and reliable details
Skip a photograph that would require entering traffic or a damaged vehicle. Medical care comes first. Where it is safe to take pictures, include:
- The vehicles’ positions and directions of travel before they move.
- Signals, signs, weather, road conditions, skid marks, debris and damage.
- The location and time, plus nearby businesses or cameras facing the road.
Names and phone numbers are easy to lose in the confusion. Put the drivers’ and witnesses’ details with the crash-report reference number. Add any safely visible identifiers:
- Company name and USDOT number.
- License plates.
- Tractor number and trailer number, recorded separately.
Attribute a witness’s statement to the witness. For example, a note that someone reported a lane change is different from a note that you saw it. Keep that distinction clear throughout your account.
In the first day: organize the information
When you are well enough to deal with paperwork, separate your notes into two parts:
- Your recollection: What happened before impact? What came next? Write down the sounds, sights and statements you remember. Mark anything you cannot recall. Someone else’s account should not silently fill that gap.
- Your care: Tell providers about each symptom, even a minor one, and when it began. Follow their instructions. File the discharge papers, visit summaries, referrals, prescriptions and receipts together.
Save the original photo or video, even if you also send someone a screenshot. An edited or forwarded version can lose timestamps or other file information. The same applies to messages, call logs and location records. Note the date and who supplied each file. Leave crash-related material intact, and avoid posting an explanation of fault online while you are still sorting out what happened.
Identify evidence held by others
The driver’s log and a dashcam recording may belong to different systems. An evidence list should account for the ELD, engine or event recorder, telematics and GPS, dash and cab cameras, dispatch software, driver phone, maintenance system and company or vendor portals. For each source, identify its likely custodian and the trip, driver, tractor, trailer and collision time needed to locate the records. See what electronic evidence must be preserved after a Texas truck accident for more on these systems.
There is no single retention period for every record. It can depend on the record type, system, carrier and applicable law. Video, device messages and engine data may follow different schedules. A lawyer can send a focused preservation notice to a carrier, owner, employer, vendor, shipper or other likely custodian. It should identify the collision, sources and relevant date range. Follow up to learn what the recipient actually preserved; sending a letter alone does not confirm that records were kept.
Do not access a company or driver account without authorization, alter vehicle data or move damaged equipment on your own. Inspections, downloads and testing may require coordination, documentation and qualified participants. Keep responses to preservation requests and note when each request was sent and received.
In the next few days: build a clean chronology
Create a timeline of the collision, emergency response, medical visits, insurer or company calls, inspections and evidence discussions. Keep letters, emails, texts and voicemails; note who sent each item, when it arrived and what was requested. Before responding to a request for a recorded statement, broad medical authorization or settlement document, make sure you understand what it does. A lawyer can explain how it applies to your circumstances. The Texas injury claim value and litigation hub discusses how early requests can affect a claim.
If safe to store, keep damaged clothing, a helmet, a child seat or another item that may matter. Photograph its condition before cleaning, repair or disposal. Save repair estimates and towing and storage receipts. Do not test an item yourself or discard a part that may need inspection.
There are limits to what a preservation notice accomplishes. Even after a carrier agrees to retain a recording, a lawyer may need discovery to get a copy. For electronic records, the request must identify both the data and the production form under Rule 196.4. Rule 196.5 addresses the physical inspection: obtain court authorization before any testing, sampling or examination that would destroy or materially alter the item.
What not to assume
The officer might list a carrier in the crash report. That is useful information, but it is not a civil-liability ruling or a complete list of defendants. A trailer owner, employer or maintenance contractor could be a different business. Follow the records to identify their roles; the Texas truck accident litigation hub discusses how those roles affect a case.
With a missing video, start by finding out why it is missing. Nobody can determine its contents from its absence alone. For a screenshot, find the original and the person who can explain it. Record the source system, creator and any known changes.
Quick checklist
- 911 called, urgent care addressed and the treating provider’s instructions kept.
- Contact sheet: drivers, witnesses, company, tractor and trailer IDs, plus the report reference if available.
- Original files saved: photos, video, messages and location history. Source and date noted.
- A factual timeline, with what you personally saw kept apart from what you heard later.
- Treatment records, repair paperwork, towing receipts, and every insurance communication.
- The company and vendor systems that may hold data. Ask a lawyer about specific preservation notices.
- No account access, no altering data, no destructive testing without authorization and a written protocol.
Related reading
Continue with the Texas Truck Accident Litigation Hub or the longer Texas truck accident litigation guide. For help understanding a lawyer’s credentials, see the TBLS Personal Injury Knowledge Hub, including what board certification does and does not establish.
Follow the evidence from preservation to trial
The Texas Truck Accident Litigation Knowledge Hub explains how electronic records, safety duties and corporate discovery can fit into a serious collision case.
Founding Attorney
Aaron A. Herbert is a Texas attorney, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
For over a decade he has shown an unwavering commitment to clients who were seriously injured by major accidents and industrial catastrophes. During that time he has earned the reputation as one of America’s most aggressive trial lawyers by achieving noteworthy recoveries from judges and juries, as well as substantial settlements prior to trial, the majority of which contained negotiated confidentiality agreements at the request of the defense. When asked about these cases, Mr. Herbert has said that each case not only justified the recovery level, but that no one would trade places with any one of these victims in return for any amount of money, once they know the facts and severity of the injuries and tragedy involved. According to Mr. Herbert, “there can be no substitute for passion, preparation and persistence in the practice of law.” He is known not only for this tenacious preparation, but also for his imagination in the courtroom. He is passionate and persistent in seeking to obtain the maximum case value for each individual client at trial or through settlement, while reducing the stress of litigation on his clients.
Born and raised in Dallas, Texas, Mr. Herbert enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. After the Marines, he obtained a Bachelor of Science in Criminal Justice from Texas A&M University, then a Juris Doctorate from the University of Oklahoma College of Law. There he graduated in the top of his class and became an eternal Sooners Football fan. Aaron has worked as a zealous advocate for injured clients at several boutique personal injury litigation firms where he amassed numerous jury verdicts. After spending a year as the top earning litigation attorney at a firm that frequently tops verdict search as one with the highest number of trial wins in Texas, Aaron accepted a position as the managing pre-litigation attorney at another Dallas personal injury firm. Over the next seven years he transitioned to the managing litigation attorney, and that firm grew to one of the largest personal injury firms in Dallas. In 2010 he formed the Law Firm of Aaron A. Herbert, to get back to a focus on developing each individual case and maximizing case value for each client.
Mr. Herbert practices law with the belief that a well taken care of, highly engaged and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the firm clients. He believes in always setting a goal of achieving the best possible results for each and every client.
Education
- Texas A&M University (B.S. Criminal Justice, 1999)
- University of Oklahoma College of Law (J.D., 2002)
Professional Associations
- Licensed to practice in Texas (2002)
- Board Certified in Personal Injury Trial Law, Texas Board of Legal Specialization (2008)
Publications
- Litigating Dog Bite Cases, Texas Dog Law Seminar, Dallas 2009
Member
- State Bar of Texas
- American Bar Association
- American Trial Lawyer Association
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas County Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- National Trial Lawyers – Top 100 Trial Lawyers
Texas Bar #24036761 · The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas
General information, not legal advice for a particular case. Past experience and credentials do not guarantee an outcome.