Dashcam footage from commercial trucks provides some of the most compelling evidence in accident cases. These cameras capture exactly what the driver saw before a collision, often revealing distracted driving, following too closely, or failure to react to hazards. But this valuable evidence has a short lifespan—most trucking companies automatically delete footage within 30 to 60 days, and some systems overwrite in as little as a week.
The race to preserve dashcam footage begins the moment an accident occurs. Trucking companies have immediate access to this evidence and can download and preserve it if they choose. Unfortunately, many companies are more interested in protecting themselves from liability than preserving evidence that might help accident victims. Without prompt legal action, the footage that could prove your case may disappear before you even know it existed.
How Commercial Dashcam Systems Work
Modern fleet dashcam systems are far more sophisticated than consumer devices. Most commercial systems record continuously on a loop, with older footage being overwritten as storage fills up. The cameras typically capture both forward-facing road views and interior cab footage showing the driver. Many systems also record audio, GPS location, and vehicle data like speed and braking.
These systems are often connected to the trucking company's fleet management software, allowing remote access to footage. When triggered by hard braking, collision detection, or other events, many systems automatically flag and preserve clips from around the incident. However, this automatic preservation isn't guaranteed, and the retention period for non-flagged footage varies widely between systems and companies.
Some carriers use basic systems that simply record to a local SD card with minimal storage. Others employ cloud-connected cameras that continuously upload footage to remote servers. The type of system affects both how quickly footage may be lost and what steps are needed to preserve it. Your attorney needs to identify the specific system used and understand its retention characteristics.
Taking Immediate Action
The first step in preserving dashcam footage is sending a spoliation letter to the trucking company. This formal written demand puts the company on legal notice that they must preserve all evidence related to your accident, including dashcam recordings. Once they receive this letter, destroying the footage becomes spoliation of evidence with serious legal consequences.
The spoliation letter should be sent within days of the accident—not weeks. Every day of delay increases the risk that footage will be automatically deleted through normal system operation. Your letter should specifically identify dashcam footage as evidence that must be preserved, along with any cloud backups, downloaded clips, or related data from the camera system.
Beyond the trucking company, preservation demands should go to any other parties who might have copies of the footage. If the camera system uses cloud storage, the service provider may have independent copies. If the trucking company has already downloaded clips for their own investigation, those copies must be preserved. Some companies share footage with their insurance carriers, creating another potential source.
What Dashcam Footage Can Prove
The value of dashcam footage lies in its objective documentation of the moments before a crash. Forward-facing cameras show road conditions, traffic patterns, and exactly when hazards became visible. This footage can prove that the driver had ample time to stop, that they were following too closely, or that they failed to notice obvious dangers.
Interior cameras are equally valuable, often revealing distracted driving that witnesses couldn't see. Footage might show the driver looking at a phone, reaching for something in the cab, or displaying signs of fatigue. These behaviors are difficult to prove through other evidence but become undeniable when captured on video.
Audio recordings add another dimension to the evidence. They may capture the driver's phone conversations, reactions to events, or statements immediately after the crash. GPS data embedded in the footage provides precise speed and location information that corroborates or contradicts other evidence.
Overcoming Resistance to Production
Trucking companies rarely volunteer helpful dashcam footage. More commonly, they claim footage doesn't exist, was automatically deleted, or is somehow unavailable. When defendants make these claims, your attorney must be prepared to investigate and challenge them.
Discovery requests should seek not just the footage itself but all records related to the dashcam system. This includes system specifications showing retention periods, download logs showing what footage was accessed, and maintenance records confirming the system was operational. If the company claims footage was deleted, they should be required to explain exactly when and why, and whether any copies exist elsewhere.
In some cases, forensic examination of the camera system itself reveals that deleted footage can be recovered. Like other digital storage, dashcam memory doesn't immediately erase data when files are deleted—it simply marks the space as available for reuse. Forensic experts can sometimes recover footage that the trucking company claimed was lost.
When companies fail to preserve footage after receiving preservation demands, courts can impose sanctions. These may include adverse inference instructions telling the jury they can assume the destroyed footage would have been unfavorable to the defendant. In egregious cases, courts have imposed monetary sanctions or even default judgments against parties who spoliated critical evidence.
Working with the Footage
Once obtained, dashcam footage needs proper handling to be effective evidence. The original files should be preserved in their native format, with metadata intact. Any copies used for review or presentation should be clearly identified as copies to avoid chain-of-custody issues at trial.
Expert analysis can enhance the evidentiary value of dashcam footage. Video forensic specialists can clarify unclear images, synchronize footage with other evidence, and create exhibits that help juries understand what they're seeing. Accident reconstruction experts can use the footage to calculate speeds, distances, and reaction times with precision impossible from witness testimony alone.
The combination of dashcam footage with other truck data—from the ECM, ELD, and GPS systems—creates a comprehensive picture of the accident. This multi-source evidence is difficult for defendants to dispute and often leads to favorable settlements before trial becomes necessary.
Time Is Your Enemy
Every truck accident case involves a race against automatic deletion. The dashcam footage that could prove exactly what happened is being overwritten continuously as the truck operates. Even if the truck is taken out of service, company retention policies may result in deletion after a set period.
Accident victims who wait weeks or months to contact an attorney often find that the most valuable evidence has already been destroyed. The trucking company will claim the deletion was routine, and without a preservation demand on record, proving otherwise is nearly impossible. This is why contacting an attorney within days of a truck accident is so important.
An experienced truck accident attorney will immediately identify what evidence likely exists and take steps to preserve it. Dashcam footage sits at the top of this list because of its power to prove your case and its vulnerability to quick destruction. Protecting this evidence is protecting your right to full compensation for your injuries.