Key Takeaways
- Hours of service (HOS) and ELD logs must be kept for 6 months, driver qualification records for 3 years, and accident registers for 3 years under FMCSA rules.
- Drug and alcohol testing results must be retained for 1 to 5 years, with positive results requiring the full 5-year retention.
- A spoliation letter from your attorney can legally prevent a trucking company from destroying evidence after the retention period expires.
- Acting quickly is critical because some records like black box data can be overwritten within 30 days.
Trucking Company Record Retention Requirements
Trucking companies that operate in Missouri must follow the Federal Motor Carrier Safety Administration (FMCSA) regulations for retaining records. Hours of service (HOS) logs must be kept for 6 months, driver qualification records need to be kept for 3 years, and accident registers are required to be kept for 3 years. There are different limits on each regulation record requirement for the length of time trucking companies must keep them.
Federal regulations requiring trucking record retention mean that a trucking company may still have this vital information after your accident. It serves as critical evidence needed for your truck case, though taking action quickly ensures you don't encounter missing records. A Missouri truck accident lawyer can help you understand the resources needed to investigate negligence in a truck accident.
FMCSA Record Retention Timelines
Missouri trucking companies should retain their hours of service and electronic logging device (ELD) logs for 6 months. Driver qualification files must be kept for the duration of employment for each employee plus 3 years after they have left the company. Vehicle inspection and maintenance records need to be kept for 1 year while the truck is in service and an additional 6 months after it is taken off the road. Results for drug and alcohol testing need to be kept for 1 to 5 years, with 5 years mandated if a truck driver has positive results. Accident registers need to be retained for a period of 3 years.
Even though trucking companies are mandated by the FMCSA to hold onto these records, they may try to cover up data that could put them at fault. Destroying these records before the time limits results in penalties from the FMCSA. Understanding what evidence is needed for a truck accident case can help you know what to ask your attorney to preserve.
Why Records Matter for Your Truck Accident Case
These records are essential to building your truck accident case. Knowing how to get truck black box data after an accident is one of the most important steps your attorney will take. Your lawyer can send a spoliation letter immediately to the trucking company to prevent this key data from being overwritten and lost forever.
Frequently Asked Questions
How can I stop a Missouri trucking company from destroying evidence after an accident?
Obtaining black box data before it's overwritten is critical for your truck accident case. Our attorneys at The Bruning Law Firm can send a spoliation letter immediately to the trucking company. This letter is a legal document that requires them to preserve all relevant logs and records for maintenance, hours of service, GPS, and more that relate to the accident. It prevents the trucking company from destroying these items after the retention period expires.
How long does a Missouri employer have to keep driver payroll records?
The Missouri Department of Labor and Industrial Relations requires trucking companies to keep payroll records that detail hours worked each day and their total pay for the duration of the driver's employment as well as at least 3 years after they are no longer an employee.
How long are electronic logging device (ELD) records kept by trucking companies?
The FMCSA requires trucking companies to keep all records from ELDs and hours of service for at least 6 months. Trucking companies must also securely store these required records to prevent data loss.
Contact The Bruning Law Firm
The Bruning Law Firm helps injured victims in Missouri truck accident cases understand their legal rights and options to pursue maximum compensation. Our St. Louis truck accident evidence preservation attorneys collect no fee unless we win, allowing you to get experienced legal representation to advocate on your behalf. Call us today at (314) 735-8100 to schedule your free consultation.