How Long Are Truckers Required to Retain Their Logs?
If you or someone you love has been hurt in a truck accident, you may already know that proving what happened and why can be a major hurdle.
Unlike other accidents, determining fault and the causes often requires an in-depth investigation. One of the most important pieces of evidence in these cases is the truck driver’s logbook and the supporting records kept by the trucking company.
These documents can tell the story of how long a driver has been on the road, whether they are following rest requirements, and whether the company is ignoring dangerous practices.
Unfortunately, they are not kept forever. These logs and records can be legally destroyed in months, sometimes before a truck crash lawsuit is even filed.
How long are truckers required to retain their logs? Here is what you need to know.
How Can Truck Driver Logbooks Help After a Crash
Every commercial truck driver in the U.S. must follow federal Hours of Service (HOS) rules. This limits how long they can drive before taking mandatory rest breaks.
To track this, drivers must keep a daily record of their activities, known as the Record of Duty Status (RODS). Under current mandates, truckers are required to use Electronic Logging Devices (ELDs) to record this data automatically.
These logs can show:
- If the driver had been on the road too long
- Whether they skipped required breaks or rest periods
- How far they traveled and when
- If there are gaps, inconsistencies, or evidence of falsification
These records are crucial in determining fault and liability in the event of a crash. If a driver was overtired, overworked, or violating federal rules, it could mean they and their employer were negligent.
How Long Are Logbooks and Records Kept?
Under federal law, there are strict rules governing the retention period for these documents. Most paper logbooks are not permitted, except in a few scenarios, such as short-distance hauls. In these cases, the records may only be retained for eight days.
All other drivers and motor carrier companies are required to keep the logbooks and supporting documents for six months under 49 CFR § 395.8(k)(1).
These supporting records can include:
- GPS tracking data
- Fuel receipts
- Toll booth tickets
- Dispatch records
- Delivery schedules
- Bills of landing
- Payroll information
This information can help investigators verify where the truck was, how fast it was going, and whether the driver’s log entries are accurate.
Why You Need to Act Quickly After a Truck Accident
If you are thinking about pursuing a legal claim, you and your legal team must move fast. Since drivers and trucking companies are legally allowed to destroy logs and support documents after just six months, you do not have much time.
Once those records are gone, it becomes much harder to prove what happened.
When you work with an attorney, one of the first steps they will take is to send a legal preservation letter, also called a spoliation letter. This puts the trucking company on notice that a legal claim is being investigated and that destroying relevant records could be seen as tampering with evidence.
Those logbooks and electronic data may be lost forever if you wait too long. And in many cases, you lose your ability to hold the right people accountable.
What Happens If the Trucking Company Doesn’t Keep the Records?
If a trucking company fails to maintain or preserve required records, it can face serious legal consequences. In a civil lawsuit, a judge or jury may be instructed to assume that the missing records would have damaged the defense. This is called an adverse inference. However, this only applies if the company has a legal duty to preserve the documents and chooses not to.
What You Can Do Now
If you have been involved in a truck crash or lost a loved one in a collision with a commercial vehicle, you don’t want to assume that time is on your side. Even though the law gives you a longer window to file a lawsuit, the evidence you will need to prove your case could disappear in weeks or months.
An experienced truck accident attorney can take action to:
- Demand the preservation of logbooks and supporting records
- Obtain black box and GPS data
- Analyze driver fatigue and possible HOS violations
- Build a case for negligence or recklessness on the part of the driver and the company
Truck driver logbooks and company records are often the smoking gun in serious truck accident cases, revealing violations, cover-ups, and dangerous shortcuts that put lives at risk.
But these records don’t last forever.
Pittman, Roberts & Welsh, PLLC, is ready to assist with your case if you’ve been hurt in a commercial truck crash. We quickly jump into action to make sure all the evidence is preserved as we build a case to support your claim.
