Trucking & Commercial Transportation Losses
After a Trucking Loss: Preserve the Right Evidence
Begin with safety, then identify the claim and preserve the records already available to you. An organized file helps counsel assess what happened, what remains missing and which issues need immediate attention.
Create a short incident record
Record the date, location, vehicle or carrier identifiers, shipment number and names of involved parties. Keep a simple chronology distinguishing what you personally observed from what someone else reported. Note where a fact remains uncertain instead of filling the gap with an assumption.
Keep original photographs, videos, messages and attachments, including their dates and available metadata. Work from copies when adding notes. Do not edit originals, enter unsafe locations or access another person’s device or account without authorization. A missing record can be identified without attempting to obtain it improperly.
For an injury or fatality
Preserve available incident information, witness contacts and the police or incident report identifier. Keep care-related records you already possess for later secure review. Avoid sending detailed medical records through a general website form. For a fatality, identify any appointed personal representative and the estate proceeding, if known.
Potential evidence can include vehicle data, dash-camera footage, dispatch messages, driver-qualification records, hours-of-service information and inspection or maintenance files. Counsel can evaluate relevance, access and preservation steps. These records may be held by different organizations; identifying them does not establish that any particular party caused the incident.
For cargo loss or damage
Organize the bill of lading, shipment contract, tender instructions, delivery record, photographs at pickup and delivery, inventory, invoices and communications about the loss. Record the location and condition of damaged goods and packaging. Coordinate any inspection, salvage or disposal question before evidence is lost, while addressing genuine safety needs.
A delivery notation and a formal cargo claim serve different purposes. For claims within 49 CFR Part 370, a damage notation alone does not meet the written-claim requirements. Keep the actual submission, attachments, recipient information and proof of delivery. Applicable claim and suit periods require a shipment-specific review of the law and contracts.
For an insurance or contract dispute
Gather the complete policy and endorsements, declarations, insurer correspondence, claim number and relevant transportation agreements. Identify whether the issue concerns liability, vehicle damage, cargo or another coverage. Do not rely only on a certificate, a broker’s summary or a federal filing.
Use separate folders for the event, the shipment and insurance communications. Different obligations may involve different parties and dates. When transportation includes a vessel or aircraft leg, identify the entire route and each contract so the appropriate legal framework can be evaluated.
Request a timely preservation review
Some electronic systems overwrite information during ordinary operations. The relevant retention period depends on the system, custodian and circumstances; there is no single countdown for all transportation evidence. Prompt legal review can identify appropriate preservation requests and follow-up without assuming a request guarantees that every record survives.
Provide a short summary, party names and any urgent date to begin conflicts screening. Preserve what you lawfully control, identify likely custodians of missing material and ask how to transfer sensitive documents securely. This checklist is general information, not a substitute for advice about the particular incident or deadline.
Frequently asked questions
Should I send a preservation letter myself?
The recipients and requested categories should fit the facts. Seek prompt advice about the appropriate request; a generic letter may miss relevant custodians or records.
Does this checklist replace a cargo claim?
No. Organizing evidence is different from submitting a legally sufficient claim or filing suit. Confirm the applicable requirements and deadlines for the shipment.
Sources and further reading
General information, not advice for a particular matter. Facts, policies, contracts, governing law, and deadlines require individual review. A consultation request does not create an attorney-client relationship or stop a deadline.