In addition, a retroactive copy of the ELD records must be kept on a device other than the device on which the original data is stored for six months. A commercial transportation company needs to keep records of hours of service for a period of just six months. After this period of time has elapsed, depending on the rights of the transport company, it can destroy the records. In the meantime, a driver qualification must be maintained while the driver is employed and then three years later.
Companies subject to this part will keep records for the minimum retention periods set out in Appendix A to this part. After the required retention periods, records may be destroyed at the discretion of each company's management. The company in question shall have the obligation to maintain records that adequately support the financial and operational data required by the Secretary. The company may request a resolution from the Secretary regarding the retention of any record.
The provisions of this part shall not be interpreted as excusing compliance with the legal requirements of any other governmental body that prescribe longer retention periods for any category of records. An attorney can send a spoliation letter to the company to prevent the company from destroying truck drivers' records and any other documents or evidence relevant to an upcoming or ongoing truck accident lawsuit or lawsuit. If you are suffering the aftermath of a truck accident and want to take legal action, call Walker, Billingsley and & Bair. In addition to ensuring that the transportation company does not destroy the evidence, victims should also keep medical bills and all receipts that specify the costs of repairing and replacing the vehicle damaged in the accident.
In the event that the truck is owned by a commercial transport company, in addition to the driver of the truck, the owner of the company can be held responsible for the accident. The truck's “black box” recorder can be a valuable piece of evidence in a truck accident case. Therefore, it is imperative that victims of truck accidents contact a personal injury lawyer who is well versed in federal truck laws.
