Evidence preservation in Georgia truck accident cases

In a Georgia truck case, send a specific preservation letter as early as possible, because the short federal record periods keep running after a crash. A carrier’s duty to preserve can arise even before a letter, but a letter removes much of the argument about notice, and it names what must be kept. The practical work is matching each record to its legal period, its holder, and its risk of loss.

When the duty arises

Spoliation “refers to the destruction or failure to preserve evidence that is necessary to contemplated or pending litigation”, as Baxley v. Hakiel Industries, 282 Ga. 312 (2007), puts it. Phillips v. Harmon, 297 Ga. 386 (2015), says the duty “must be viewed from the perspective of the party with control of the evidence and is triggered not only when litigation is pending but when it is reasonably foreseeable to that party”.

Phillips lists things a court may consider, among them:

• the type and extent of the injury;
• the extent to which fault is clear;
• the potential financial exposure;
• the relationship and course of conduct between the parties; and
• what the defendant did in response, including any internal investigation, the reasons for notifying counsel and insurers, and any statement that it was acting in anticipation of litigation.

A serious truck crash with a carrier investigation is a strong setting for that argument. It is still an argument about these facts, which is why a letter is worth sending. A plaintiff should treat the same duty as applying to their own vehicle, phone, and photographs.

Federal periods and where they start

Record	Period	Start	Section
Driver inspection report	3 months	Date the report was prepared	§ 396.11
Records of duty status, supporting documents	At least 6 months	Date of receipt	§ 395.8(k)(1)
Periodic inspection report	14 months	Date of the inspection report	§ 396.21
Maintenance record	1 year, and 6 months after the vehicle leaves the carrier's control	As stated in the rule	§ 396.3
Accident register	3 years	Date of each accident	§ 390.15(b)
Clearinghouse query records	3 years	Each query	§ 382.701(e)
Annual driving record, review note, medical certificate	May be removed after 3 years	Date of execution	§ 391.51(d)
Driver qualification file otherwise	Employment plus 3 years	End of employment	§ 391.51(c)
Testing records	1 to 5 years by category	Stated in the rule	§ 382.401

These are minimums. Duty records are measured from receipt, and not from when they were made or when the crash occurred. A federal period also says nothing about whether a carrier may lawfully delete a record once litigation is foreseeable. The separate duty above controls that.

What is not on the federal list

The riskiest evidence has no federal retention rule in these sections.

• Camera video. Systems can overwrite, and clips can differ from the continuous recording.
• Engine and telematics data. Can be overwritten when the truck runs again.
• The truck itself. Repair ends the chance to see the condition at the crash.
• Tires and failed parts. May go in a scrap pile.
• Dispatch messages. May sit with a vendor.
• Phone records. Held by a wireless carrier, under its own retention practice.
• Internal investigation files. Carrier-controlled, with work product questions.

Because retention by a vendor varies, ask the vendor. Figures about how long a provider keeps data should be confirmed for that provider and date.

Building the letter

Identify. Date, time, and place of the crash. The driver by name, and the tractor and trailer by unit number, plate, or VIN, as known.

Give the date range. For hours, at least the 8 days before the crash, and longer if a pattern is alleged. For maintenance, what the rule covers, and earlier repairs on the same system.

List the records. Use federal section numbers, then name the non-federal items above.

Hold the equipment. Ask that it not be repaired, altered, sold, or scrapped until inspected. Offer a joint inspection protocol.

Reach the custodians. Send separate letters to any known ELD provider, camera vendor, outside shop, broker, shipper, towing company, and wireless carrier. A carrier’s promise to forward the letter cannot be relied on.

Keep proof. Use a delivery method that gives a record, and follow up in writing when no answer comes.

What happens when evidence is lost

Kelley v. Blue Line Carriers, 300 Ga. App. 577 (2009), lists the sanctions as “(1) a jury charge that spoliation of evidence creates the rebuttable presumption that the evidence would have been harmful to the spoliator; (2) dismissal of the case; or (3) the exclusion of testimony about the evidence.” Kelley also shows the need to ask, because “Kelley did not file a motion for sanctions.” Georgia’s § 24-14-22 also has a presumption from failing to produce evidence within a party’s reach.

Case	What happened
Howard v. Alegria, 321 Ga. App. 178 (2013)	An answer was struck for intentional destruction, fraud on the court, and false discovery responses, and that was affirmed
Sentry Select v. Treadwell, 318 Ga. App. 844 (2012)	"There was spoliation", but the findings did not support all categories, and the harshest sanction was reversed
Cowan Systems v. Collier, A21A1697 (2021)	A sanction was warranted, with a letter four days after the crash, but the court "erred in the sanction it imposed"

So a sanction depends on specifics: what was lost, when, why, and how much it hurt. A motion should show each one. The sanction will not replace the missing proof entirely, which is a reason to send the letter first.

The first days after being retained

Do these in the first days after being retained:

1. Letter to the carrier and known vendors.
2. Request to inspect the truck.
3. Letter to the wireless carrier and any camera vendor.
4. Crash file and video requests to the police agency.

Calendar a check before the 3-month and 6-month marks. The two-year period in § 9-3-33 applies to injury claims, and that longer period does not protect these records. Evidence at a premises scene raises similar issues under the same doctrine.

Sources

• Phillips v. Harmon, 297 Ga. 386
• Baxley v. Hakiel Industries, 282 Ga. 312
• Kelley v. Blue Line Carriers, 300 Ga. App. 577
• Howard v. Alegria, 321 Ga. App. 178
• Sentry Select v. Treadwell, 318 Ga. App. 844
• Cowan Systems v. Collier, A21A1697
• 49 C.F.R. § 382.401
• 49 C.F.R. § 382.701
• 49 C.F.R. § 390.15
• 49 C.F.R. § 391.51
• 49 C.F.R. § 395.8
• 49 C.F.R. § 396.3
• 49 C.F.R. § 396.11
• 49 C.F.R. § 396.21
• Official Code of Georgia Annotated, November 2022 public release: §§ 9-3-33, 24-14-22

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.