After an 18-wheeler crash, address medical needs and immediate safety first. As you are able, save photos, witness details, report information and insurance communications. Truck-related evidence may be held by several people or companies. Identifying it early can help, but no single 48-hour deadline decides every case.
This Texas truck-crash checklist gives practical priorities. The time ranges organize the steps; they are not legal deadlines. If you are helping someone who is hospitalized, start with what you can gather safely and let the medical team direct their care.
Last updated: October 28, 2026. Ryan Orsatti Law serves injured people in San Antonio and across Texas. Se habla español.
Watch the Video: What to Save in the First 48 Hours
Read the video transcript
An 18-wheeler just hit your car? Breathe, because medical care comes first, but the evidence clock is already ticking in the background. I’m Ryan Orsatti, a Texas truck accident attorney. Stay with me, and you’ll understand exactly what your family can safely preserve. At the scene, call 911 and follow the responders. Never step into traffic, climb onto the truck, or approach anything leaking.
If it’s safe, photograph the truck and the trailer separately, including plates, company markings, and that U.S. DOT number on the door. Get the report number and the investigating agency. Ask witnesses for contact details and what they saw, but never coach them. Next, keep the original photos and dashcam files untouched, and back them up before anyone edits, crops, or posts a single frame.
Tonight, while it’s still fresh, write down everything you remember, keeping what you actually saw separate from any guesses about distance. Look around for security cameras on nearby businesses and homes. That footage can be recorded over quickly, so note every location you spot. Here’s the twist: the trucking company holds the key evidence, engine data, driver logs, dispatch messages, and you can’t touch it.
A lawyer can send a preservation letter quickly, because federal rules only require trucking companies to keep driver duty records for six months. Expect the phone to ring. Confirm who’s calling and which claim, keep a detailed, dated log, and never sign anything unreviewed. Put every discharge paper, medical bill, and work restriction into one folder, and jot down the days you miss and what changed.
Here’s the truth: no single 48-hour deadline decides your case. Those first days matter because useful evidence can disappear quietly. Even if those 48 hours have already passed, call anyway. A complete file isn’t necessary, just whatever documentation you’ve collected. I’m Ryan Orsatti, a personal injury lawyer in San Antonio. For a free case review, call today, 210-525-1200.
Your first two days: a practical checklist
| When practical | Priority | Save or record |
|---|---|---|
| At the scene, if safe | Medical help and basic identifying information | Report number, witnesses, vehicle markings and available photos |
| Later the same day | Keep existing evidence intact | Original images, dashcam files, insurer messages and discharge paperwork |
| During the next day or two | Identify missing information and pending decisions | Provider names, vehicle storage location, insurance requests and release documents |
| Whenever you first seek help | Explain what exists and what may be lost | Possible video sources and any repair, disposal or response deadline |
At the scene: safety before documentation
Call 911 when emergency help is needed and follow responders’ instructions. Do not enter traffic, approach a leaking vehicle or climb onto a truck to gather evidence. If you cannot safely take photos, focus on getting help. Missing a photograph does not by itself decide a claim.
When it is safe, record the truck and trailer separately. A company name on the trailer may differ from the name on the cab. Photograph visible license plates, company markings and USDOT numbers without approaching unsafe equipment. Save the investigating agency’s name and report number if available.
Save the evidence you already have
- Photos and video: keep the original files showing damage, vehicle positions, road layout and nearby signs. Make a backup before editing or sharing copies.
- Dashcam recordings: preserve the original recording and device information. Avoid reusing a memory card that may contain relevant footage.
- Witness details: record names and contact information, along with where each person was and what they said they saw. Do not coach their account.
- Your recollection: write down what you remember when you are able. Separate observations from guesses about speed, distance or what another driver was doing.
- Nearby cameras: note businesses, homes or traffic cameras that may have recorded the crash. A camera’s presence does not establish that footage exists or that its owner must provide it on request.
Keep texts, emails, claim numbers, tow receipts and repair estimates together. Record where your vehicle is stored and any scheduled inspection, repair or disposal. Raise those decisions promptly so evidence needs and storage costs can be considered together.
What a preservation request can and cannot do
A preservation request, sometimes called a spoliation letter, identifies evidence that should be protected. The useful categories depend on the crash and the equipment involved. They may include electronic vehicle data, driver duty records, available camera footage, dispatch communications, maintenance records, load information and the vehicles themselves.
A request should identify the relevant event, dates and evidence holders. The carrier, vehicle owner, repair facility and a separate camera operator may hold different records. Sending a letter does not automatically provide access to private files or guarantee a court penalty. Inspection and access may require agreement or legal process.
There is no universal countdown for all truck evidence. For covered records, FMCSA guidance on 49 C.F.R. § 395.8(k)(1) identifies six months from receipt for driver duty records and supporting documents. That is not a retention rule for every camera or electronic module, and it is not permission to destroy evidence subject to a preservation obligation. Do not treat that period as a reason to wait.
Handle insurance calls carefully
Ask who is calling, which company they represent and which claim they are discussing. Save their contact information and request copies of documents they want you to sign. Keep a dated log of conversations and response requests.
Your own insurer and another party’s insurer have different roles. The Texas Office of Public Insurance Counsel explains first-party claims and the need to cooperate with your insurer. Check your policy’s notice and cooperation requirements. Do not ignore a request from your own carrier while considering legal help.
Before a recorded statement, release, settlement check or broad records authorization, understand the request and its effect on your claim. If you are unsure, ask for time to review it and tell the person reviewing your case about any stated deadline. Avoid guessing about facts or describing your recovery as complete when you do not know.
Keep medical and work records organized
Tell your healthcare provider about your symptoms and follow the instructions you receive. Ask questions about follow-up care, work restrictions and returning to activities. A clinician determines whether further testing or a specialist is appropriate.
Save discharge instructions, provider names, bills, receipts and written work restrictions. Keep a simple record of missed work and changes in your daily activities. Describe what happened accurately. Neither a fixed treatment schedule nor a particular test proves every injury claim.
If the first 48 hours have already passed
Start with the records that remain. Explain when the crash occurred, what you have saved and whether a vehicle or recording may soon become unavailable. You do not need a complete file before asking for a case review.
The title of this guide is not a filing deadline. Deadlines and notice requirements depend on the claim and the parties involved. Flag any government vehicle, approaching deadline or pending settlement decision when you contact the firm. Do not assume an insurer’s ongoing investigation protects a deadline.
Frequently asked questions
Can a family member gather records while I recover?
Yes, a family member can help organize records you already have, record contact details and identify missing items. Access to medical records or other private information may require your authorization or another legal basis.
Should I keep my damaged vehicle?
Tell the person reviewing your case where it is stored and whether repair, sale or disposal is planned. An inspection may be useful, but storage charges and ownership also matter. Ask about those issues before making a decision; this guide does not tell you to incur unlimited storage costs.
Can I obtain the truck’s electronic data myself?
You can identify possible sources, but do not enter another person’s vehicle or try to download its data without permission. The equipment, available records and lawful access process must be evaluated. Not every truck records the same information.
What if an insurer asks for a recorded statement?
Identify whose insurer it is and ask what the statement concerns. Your own policy may require cooperation. Have the request and any deadline reviewed before deciding how to respond, and do not ignore your carrier’s communications.
Is it too late if more than 48 hours have passed?
Not necessarily. The first two days are a useful organizing period, not a universal cutoff. The remaining evidence, applicable deadlines and facts need review. Bring what you have and explain what may have changed since the crash.
Discuss your Texas truck-crash claim
Ryan Orsatti Law can review how the crash happened, possible insurance coverage and the records available to support your claim. Learn more about working with a San Antonio truck accident lawyer, or read our related oilfield truck data preservation guide.
The firm works on a contingency fee. You pay nothing unless the firm recovers money for you, and that covers case expenses as well as the fee: if there is no recovery, you owe no attorney’s fee and no case expenses. Ask for the fee agreement and read the fee and expense section before you sign anything.
Call (210) 525-1200 or request a free case review. Ryan Orsatti Law, 4634 De Zavala Rd., San Antonio, TX 78249. English and Spanish assistance is available.
This guide is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.