The Different Types of Evidence to Collect in a Trucking Accident

Large trucks are involved in a disproportionate share of Georgia’s deadliest crashes.

According to the Georgia Governor’s Office of Highway Safety, 12% of all fatal crashes in Georgia in 2023 involved large trucks — 172 of the state’s 1,491 fatal crashes. That count covers any truck rated over 10,000 pounds gross vehicle weight, commercial and non-commercial alike. For scale, the Insurance Institute for Highway Safety puts large trucks at 5% of registered vehicles and 10% of vehicle miles traveled nationally. The trend is at least moving the right way: in the 11-county Atlanta region, fatalities involving large trucks fell from 73 in 2022 to 57 in 2023.

Georgia has enacted stricter laws in recent years, including the Hands-Free Georgia Act, codified at O.C.G.A. § 40-6-241, which since July 1, 2018 has barred drivers from physically holding a wireless device while driving — a violation that phone records and truck telematics can expose.

Unfortunately, many truck-related accidents still occur on Georgia’s roadways. If you’ve been in one, it’s best to learn about the different types of evidence you can use against the truck driver. This way, you can start collecting the proof you need to file a personal injury lawsuit.

Police Report

One of the first steps to take right after getting involved in an accident with a truck is to call the police. In fact, O.C.G.A. § 40-6-273 requires a driver to report immediately, by the quickest means of communication, any crash causing injury, death, or at least $500 worth of damage. Many car-truck accidents reach and even go way beyond this threshold.

Even if the damage isn’t obvious, you should still get in touch with the police ASAP. This way, you can get a copy of the accident report from them. This report will contain details of the accident that can prove who’s at fault for the car-truck accident.

Electronic Logging Device (ELD) of the Truck

Exhaustion is one of the most common reasons for truck accidents in Georgia. The Large Truck Crash Causation Study conducted by the Federal Motor Carrier Safety Administration coded fatigue as an associated factor for 13% of the trucks it examined (2001–2003 crash data, still the most recent federal study of its kind).

Hours of service are federal (49 CFR § 395.3) and adopted in Georgia: a property-carrying driver may drive up to 11 hours after 10 consecutive hours off duty, and may not drive after the 14th consecutive hour of the duty period — that is a driving window, not a requirement to go off duty. A 30-minute break is required after 8 cumulative driving hours, with weekly caps of 60 on-duty hours in 7 days or 70 in 8.

If you’ve been in an accident with a truck, you need to get access to the driver’s hours-of-service. You can find this on either the driver’s logbook or their truck’s electronic logging device (ELD).

The Georgia Department of Public Safety has required intrastate carriers operating solely in Georgia to comply with the federal ELD rule since January 1, 2019. The mandate is not universal, though: drivers using the 150 air-mile short-haul exception in 49 CFR § 395.1(e), and drivers who complete a record of duty status 8 days or fewer in any 30-day period, are exempt.

ELDs contain detailed reports of a driver’s hours-of-service. These devices also show the operator’s rest periods. With these logs, you can prove that a truck driver has gone beyond the allowed hours of service.

Maintenance and Inspection Reports

Federal and state laws require all CDL trucks to undergo inspection and maintenance. Truck drivers need to perform many of these on a daily basis, such as pre- and post-trip inspections. Drivers prepare a driver vehicle inspection report (DVIR) at the completion of each day’s work on each vehicle — but under 49 CFR § 396.11(a)(2)(i) no report is required when the driver finds and reports no defect, so a DVIR generally exists precisely when something was wrong.

Under 49 CFR § 396.11(a)(4), the carrier must keep the DVIR, the repair certification, and the driver’s review certification for three months from the date the report was prepared. These reports should provide detailed information on the completed inspections and maintenance. They should also contain details about pending maintenance and repair work.

That said, these records are crucial types of evidence in case of trucking accidents. They can reveal discrepancies or fraudulent reports on truck inspections, maintenance, and repairs. They can also prove that the truck has failed to meet the required inspections or repairs.

The Truck Driver’s Most Recent Medical Certificate

In Georgia, drivers of trucks that weigh 10,001 pounds or more must hold a current DOT medical certification, valid for up to 24 months. Since June 23, 2025, certified medical examiners transmit exam results electronically through the National Registry to FMCSA and to state licensing agencies, so a CDL holder’s certification status lives in the state driving record rather than on a paper card — that record is where counsel should look.

This Department of Transportation (DOT) health certificate proves a driver’s medical qualifications. This means that the driver is fit and healthy to operate such a large vehicle.

Unfortunately, many truck drivers violate this law through fraud. According to the U.S. DOT Office of Inspector General, an August 2017 indictment of a medical examiner in Georgia resulted in more than 600 truck operators having to renew their FMCSA medical certifications.

Aside from fraud, there are also some truck drivers who may not even have a valid medical certificate. Some self-certified truckers may also drive in a category they aren’t certified for.

All these make the DOT certificate a piece of important evidence in truck accidents. It’s possible that the truck driver who you got into a crash with has no valid certificate.

The Truck Operator’s Alcohol and Drug Test Results

In 2023, Georgia recorded 433 alcohol-related fatal crashes — a 15% decrease from 509 in 2022. Alcohol-related deaths represented 27% of all traffic fatalities on Georgia roadways that year, compared with 30% nationwide.

Even if the crash doesn’t result in death, injuries caused by impaired driving are more severe. Especially if the impaired driver is operating a truck that weighs a whopping 10,001 pounds or more.

Post-accident testing is not automatic. Under 49 CFR § 382.303 it is required when the crash involved a fatality, or when the driver was cited and the crash caused injury requiring immediate treatment away from the scene or disabling damage requiring a tow. Alcohol testing must be attempted within 8 hours and controlled-substance testing within 32 hours, after which the employer must stop trying — which is exactly how this evidence disappears. Pre-employment controlled-substance testing is required by 49 CFR § 382.301.

Positive alcohol and drug test results will make for a solid case against the truck driver. This makes such documents an extremely important part of your evidence collection.

The Truck’s Dashboard Camera Recordings

Facing rising insurance and litigation costs, many trucking companies have turned to technology to manage their risk.

One way they’re blunting their insurance costs is through installing dashboard cameras. The videos these cameras record allow them to check on their drivers’ performance.

Victims of trucking accidents can also take advantage of these recordings as evidence. For instance, a video can show if the driver was using a mobile phone while operating the truck. A recording can also give hints about impaired or drowsy driving.

Let a Truck Accident Lawyer Gather These Different Types of Evidence for You

As you can see, there are many different types of evidence you can use in a trucking accident case in Georgia. However, the only evidence that you can get yourself is the police report. The rest would be hard to get without the help of an experienced motor vehicle accident attorney.

One of the worst things that can happen is for the truck driver (or their employer) to destroy such evidence. The longer it takes you to get legal permission to access them, the higher the odds of them disappearing. Mark Wade, Founder and Lead Attorney at Georgia Auto Law, points out that the first letter he sends in a truck case usually goes to the carrier rather than the insurer — a spoliation notice demanding the ELD data, duty-status logs, and inspection reports be preserved before the federal retention clocks run out.

Our legal team here at Georgia Auto Law can help you prevent this from happening. Get in touch with us now so we can help you get the evidence you need for your trucking accident lawsuit!

Frequently Asked Questions

Can I sue both the truck driver and the trucking company?

Yes. Under Georgia respondeat superior law, the trucking company is generally liable for the driver’s on-duty negligence. The carrier also has independent duties to inspect, train, supervise, and route — violations of those duties create direct claims against the company beyond the driver’s actions.

What evidence is unique to truck-accident cases?

Federal regulations from the Federal Motor Carrier Safety Administration require commercial carriers to maintain driver logs, hours-of-service records, electronic logging device (ELD) data, drug and alcohol test results, maintenance records, and post-crash inspection reports. These records have short retention periods and must be preserved by formal demand: duty-status records and supporting documents are kept only 6 months (49 CFR § 395.8(k)(1)) and DVIRs only 3 months (49 CFR § 396.11(a)(4)).

How much insurance do trucking companies carry in Georgia?

Interstate commercial carriers must maintain at least $750,000 in liability coverage under FMCSA regulations — 49 CFR § 387.9, a floor that has been unchanged since January 1, 1985 — far above the Georgia auto minimum of $25,000. Many carriers exceed the federal floor and carry $1 million or more, which is why truck-crash recoveries can be substantially larger than passenger-vehicle cases.

What causes most large-truck crashes?

In the FMCSA Large Truck Crash Causation Study — the most recent federal study of its kind, based on 2001–2003 crash data — brake problems were the single most frequently coded factor for the trucks involved, at 29%. Other factors coded included traffic flow interruption (28%), prescription drug use (26%), traveling too fast for conditions (23%), unfamiliarity with the roadway (22%), and fatigue (13%). Several of these correlate with violations of federal hours-of-service rules — a logbook audit early in the case can reveal those violations.