Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
Most truck accident victims in New Orleans don’t realize how fast critical evidence can vanish, sometimes within days. While you’re focused on medical care and car repairs, trucking companies and insurers may already be securing data that supports their side.
Most New Orleans truck accident cases come down to what proof survives. Black box readings, driver logs, cargo records, and even city traffic camera footage can all tell the story of how a crash happened, but only if they’re preserved in time.
This guide lays out exactly which types of evidence matter most, how they can strengthen your claim, and why quick action can be the difference between winning a fair settlement and walking away with nothing.
In Louisiana, proving fault in a truck accident rests on the concept of negligence under La. Civ. Code art. 2315. The injured party must show that the truck driver, trucking company, or another party failed to act with reasonable care. Evidence is the foundation for doing this.
Louisiana also follows a comparative fault system, which means your recovery can be reduced if you are found partly responsible for the crash. Clear, well-preserved evidence helps establish the other party’s liability and minimize any reduction in your compensation.
Truck collisions generate a different set of records compared to car accidents. Many are governed by Federal Motor Carrier Safety Administration (FMCSA) regulations and have strict retention deadlines.
Post-accident drug and alcohol testing is required in certain situations under 49 CFR §382.303. These results can strongly influence liability.
Information from the crash scene helps paint a clear picture of what happened. Photographs and videos — from dashcams, surveillance cameras, or the city’s Real Time Crime Center — capture vehicle positions, road conditions, and traffic signals.
Physical signs like skid marks, debris patterns, and points of impact reveal a vehicle’s movements before and during the collision. Weather and road surface conditions, as well as visibility and signage, also matter.
Police crash reports provide an official account of the incident. In New Orleans, you can request reports from the NOPD or through the Louisiana State Police Crash Reports portal.
Eyewitness statements, collected promptly after the accident, can confirm critical details that physical evidence may not show. Accident reconstruction experts use scientific methods to interpret crash data and create models of how it occurred. Human factors specialists can explain how visibility, reaction times, or driver fatigue played a role.
Medical experts connect injuries directly to the forces involved in the crash, helping to establish the extent of damage.
While black box data is essential, modern trucks often have additional systems that track movements and driver behavior. GPS tracking and telematics vendor records from providers like Samsara or Omnitracs can show a vehicle’s location, speed patterns, and stops in the minutes or hours before the crash.
Dispatcher communications and broker or shipper messages may reveal scheduling pressures or instructions that led to unsafe driving. Because some telematics data is overwritten quickly, it’s vital to request it early.
When a trucking company fails to preserve evidence, it can be lost forever. A spoliation letter (also known as a litigation hold) instructs them to keep specific records, such as ELD logs, black box data, maintenance files, and telematics records.
This notice should be sent immediately to all parties who hold relevant evidence — not just the motor carrier, but also trailer owners, maintenance contractors, shippers, and brokers.
Acting quickly can help you access the full scope of documentation before federal retention deadlines expire.
As of July 1, 2024, Louisiana extended the deadline to file most personal injury claims from one year to two years. This change applies only to accidents that occurred on or after that date.
Previously, most Louisiana personal injury claims had a one-year deadline. Now, if your accident occurred on or after July 1, 2024, you generally have two years to file a lawsuit.
Even with this extension, delays in gathering evidence can still be damaging, as many records are destroyed long before the two-year mark.
|
Evidence Type |
Retention Period |
Source / Regulation |
| ELD (Electronic Logging Device) Records | 6 months | 49 CFR §395.8 |
| Maintenance & Inspection Records | 1 year + 6 months after vehicle leaves carrier control | 49 CFR §396.3 |
| Driver Qualification Files | Duration of employment + 3 years | 49 CFR §391.51 |
| Post-Accident Drug/Alcohol Test Results | 5 years (positive tests) | 49 CFR §382.401 |
Black box data, driver logs, maintenance records, and cargo documents often provide the most substantial proof of fault.
Request it from the NOPD or the Louisiana State Police Crash Reports portal, depending on the investigating agency.
It’s a formal notice telling the other party to preserve evidence that may be destroyed under regular retention policies.
Federal rules require certain ELD records for six months, but some data may be erased in days or weeks.
It applies to crashes on or after July 1, 2024; earlier accidents follow the one-year deadline.
Yes, but requests must be made quickly before footage is overwritten or deleted.
In a New Orleans truck accident case, the side that acts first often ends up with the strongest evidence. Black box records, inspection logs, cargo details, and dispatch messages can all clarify what caused the crash — but only if they’re requested before they’re gone.
Don’t assume someone else will gather this for you. The trucking company is already working to protect its own position.
At Charbonnet Law Firm, we’ve helped clients uncover and protect the key pieces of evidence that others miss. If you’re dealing with the aftermath of a truck crash, don’t wait until critical proof is gone.
Reach out for a free consultation and let our team help you protect your case from day one.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
