When an 18-wheeler accident occurs on San Antonio’s busy highways like I-10, I-35, or Loop 410, the aftermath can be devastating. Victims often face serious injuries, substantial medical bills, and significant property damage. What many people don’t realize is that crucial evidence begins disappearing almost immediately after the collision. Understanding what evidence to preserve and how to secure it quickly can make the difference between receiving fair compensation and struggling with mounting expenses.
Why Evidence Preservation is Crucial in 18-Wheeler Accident Cases
Commercial truck accidents differ significantly from standard passenger vehicle collisions. The stakes are higher, the injuries often more severe, and the legal complexities far greater. These cases involve federal regulations, commercial insurance policies, and potentially multiple liable parties including:
- The truck driver
- The trucking company
- Vehicle or parts manufacturers
- Cargo loading companies
- Maintenance providers
Each piece of evidence connects to potential liability, and without proper preservation, your ability to prove fault becomes severely compromised. Texas follows a modified comparative negligence system, meaning your compensation can be reduced according to your percentage of fault—making strong evidence crucial to protecting your claim.
Critical Evidence That Disappears Quickly After a Truck Accident
Electronic Logging Devices (ELDs) and Hours-of-Service Records
Federal regulations require commercial drivers to log their driving hours using Electronic Logging Devices. These records can reveal if a driver exceeded federally mandated driving time limits, potentially causing fatigue-related impairment. Trucking companies typically retain these records for only six months unless legally required to preserve them longer.
How to preserve: Send a spoliation letter to the trucking company within days of the accident, specifically requesting preservation of all ELD data and hours-of-service records.
Truck “Black Box” Data
Most modern commercial trucks contain an Electronic Control Module (ECM) or “black box” that records critical operational data, including:
- Vehicle speed before and during braking
- Brake application timing
- Engine RPM history
- Cruise control usage
- Daily activity logs
This data can be overwritten in as little as 30 days or even sooner if the vehicle returns to service—making immediate action critical.
How to preserve: Request a court order to download and preserve the ECM data before it’s lost forever. An experienced truck accident attorney can file for an emergency order when necessary.
Dashcam and Surveillance Footage
Modern commercial trucks often have dashcams that continuously record the driver’s view. Additionally, nearby businesses, traffic cameras, or residential security systems may have captured the collision. Most surveillance systems automatically delete footage after 24-72 hours unless specifically saved.
How to preserve: Identify and contact all potential sources of video evidence within 24 hours of the accident. Request they preserve all footage from the time period surrounding your accident.
Physical Evidence at the Crash Scene
Skid marks, vehicle debris, road conditions, and other physical evidence at the scene provide crucial information for accident reconstruction experts. This evidence can disappear within hours due to weather, traffic, or emergency cleanup.
How to preserve: Take extensive photos and videos of the accident scene from multiple angles before leaving if you’re physically able. If not, have a friend, family member, or your attorney document the scene as soon as possible.
Witness Testimony
Eyewitness accounts provide invaluable perspective on how an accident occurred. However, memories fade quickly, and witnesses become increasingly difficult to locate as time passes.
How to preserve: Collect contact information from all witnesses at the scene. If possible, record brief statements while details are fresh in their minds.
The Legal Concept of Spoliation in Texas
In Texas, “spoliation” refers to the destruction, alteration, concealment, or failure to preserve evidence relevant to litigation. When a trucking company or other party fails to preserve evidence they should reasonably have known would be relevant to a potential lawsuit, they may face serious legal consequences.
Texas courts can impose significant sanctions for spoliation, including:
- Instructing the jury to presume the destroyed evidence would have been unfavorable to the spoliating party
- Excluding evidence or testimony
- Striking pleadings
- In extreme cases, entering a default judgment against the spoliating party
To invoke spoliation doctrine, you generally must prove:
- The party had a duty to preserve the evidence
- The evidence was destroyed or significantly altered
- The destruction caused prejudice to your case
A formal spoliation letter puts all potential defendants on notice of their legal obligation to preserve evidence, helping establish the first element if evidence later disappears.
Steps to Take Immediately After an 18-Wheeler Accident in San Antonio
1. Ensure Safety and Seek Medical Attention
Your health comes first. Move to safety if possible and call 911 immediately. Even if you feel “fine,” some serious injuries don’t manifest symptoms immediately. A medical evaluation creates documentation connecting your injuries to the accident—crucial evidence for your claim.
2. Report the Accident to Law Enforcement
Texas law requires reporting any accident resulting in injury, death, or property damage exceeding $1,000. The responding officer will create an official accident report containing preliminary findings and statements, which becomes foundational evidence for your case.
3. Document Everything at the Scene
If you’re physically able:
- Take photographs of all vehicles involved, including license plates and DOT numbers
- Capture images of the entire accident scene from multiple angles
- Document road conditions, weather, traffic signals, and skid marks
- Photograph your visible injuries
- Record brief video narrating what happened while details are fresh
4. Exchange Information
Collect from the truck driver:
- Full name and contact information
- Driver’s license number
- Commercial Driver’s License (CDL) information
- Trucking company name, contact information, and DOT number
- Insurance information for both the driver and the company
5. Identify and Talk to Witnesses
Gather contact information from anyone who witnessed the accident. With permission, record brief statements about what they observed.
6. Notify Your Insurance Company
Report the accident to your insurance company promptly, but provide only factual information. Avoid making statements about fault or speculating about what happened.
7. Consult with an Experienced Truck Accident Attorney
Perhaps the most critical step is contacting a knowledgeable San Antonio truck accident attorney immediately after the accident. An attorney experienced in commercial vehicle litigation can:
- Dispatch investigators to document the scene before evidence disappears
- Send formal spoliation letters to all potentially liable parties
- File for emergency court orders to preserve electronic data
- Identify and interview witnesses promptly
- Engage accident reconstruction experts when needed
- Handle communications with insurance companies to protect your interests
How Ryan Orsatti Law Preserves Critical Evidence in 18-Wheeler Accident Cases
At Ryan Orsatti Law, we understand the time-sensitive nature of evidence preservation in commercial truck accident cases. When you contact our firm after an 18-wheeler accident in San Antonio, we immediately implement our evidence preservation protocol:
- Rapid Response Team Deployment: Our investigators can be at the accident scene within hours to document physical evidence before it disappears.
- Comprehensive Spoliation Letters: We immediately send detailed preservation notices to all potential defendants, customized to your specific accident circumstances.
- Emergency Court Petitions: When necessary, we file for emergency court orders to preserve electronic data, black box information, and other critical digital evidence.
- Witness Interview Program: Our team works quickly to locate and interview all witnesses while their memories are fresh.
- Expert Engagement: We consult with accident reconstruction specialists, trucking safety experts, and medical professionals to analyze preserved evidence and build a compelling case narrative.
The Financial Impact of Evidence Preservation on Your Case Value
The evidence you preserve after a truck accident directly impacts the potential value of your claim. With strong evidence, you can more effectively demonstrate:
- Clear liability of the trucking company or other parties
- The full extent of your injuries and their connection to the accident
- The economic impact of your injuries, including lost wages and medical expenses
- The non-economic damages like pain and suffering you’ve experienced
Cases with comprehensive, well-preserved evidence typically result in significantly higher settlements or verdicts than those where critical evidence has been lost.
Act Quickly: Evidence Preservation Timeline After a Truck Accident
- Immediately (0-24 hours): Document the scene, identify witnesses, report to police, seek medical attention
- 24-72 hours: Consult an attorney, send initial preservation notices, identify surveillance footage sources
- First week: Complete formal spoliation letters, begin legal documentation process, secure electronic data
- First month: Engage experts, complete comprehensive evidence collection, begin case assessment
Conclusion: Don’t Let Crucial Evidence Slip Away
In the chaotic aftermath of an 18-wheeler accident in San Antonio, preserving evidence may not be your first thought—but it should be among your highest priorities once immediate medical needs are addressed. The evidence that disappears in the hours, days, and weeks following your accident can make the difference between a successful claim and an uphill legal battle.
At Ryan Orsatti Law, we understand the critical importance of acting quickly to preserve evidence in commercial truck accident cases. Our experienced team stands ready to take immediate action to protect your right to full and fair compensation.
If you or a loved one has been involved in an 18-wheeler accident in San Antonio, don’t wait until critical evidence disappears. Contact Ryan Orsatti Law today for a free consultation and immediate assistance with evidence preservation.
This blog is for informational purposes only and is not intended as legal advice. Each accident case is unique and requires individualized legal analysis.
