Trucking 101: Hidden Mistakes That Could Be Costing Your Case Millions

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Missed the live event? Watch the full recording of “Trucking 101: What You’re Missing Could Be Worth $1M” featuring Zinda Law Group CEO and Lead Trial Lawyer, Jack Zinda.

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When it comes to developing a winning trucking accident case strategy, what you miss early can cost your client millions later.

From overlooked data logs to delays in subpoenas, many attorneys unknowingly leave value on the table—especially in the first 30–60 days of a case. At Zinda Law Group, we’ve seen firsthand how small mistakes in the early stages can lead to major challenges down the road. In this guide, we’ll walk through critical steps to help attorneys protect case value, preserve key evidence, and gain the leverage needed to secure stronger outcomes for their clients.

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This 45-minute training is packed with strategy insights, case examples, and practical tips you can start using today.

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Act Immediately to Preserve Evidence

The first 72 hours after a crash are often the most important window for evidence collection. During this time, crucial data can be overwritten, destroyed, or cleaned up by the trucking company. Without swift action, you may lose access to some of the most compelling evidence in the case.

Recommended Actions:

Send a detailed preservation of evidence letter immediately after intake. It should request the following:

• ECM/black box downloads
• In-cab video footage
• Dispatch logs and GPS data
• Personnel and training files
• Pre-trip inspection and maintenance records
• Hours-of-service logs

Have a preservation letter template ready so it can be sent out within hours. If you’re co-counseling, ensure that discovery authority is granted up front. Delays in these first steps can weaken the entire foundation of the case.

Why It Matters:

We’ve handled cases where critical telematics were deleted within days because preservation demands weren’t sent. The sooner you act, the better your chance of holding all parties accountable.

Push Back in Discovery

One of the most common value-killers in trucking cases is a passive approach to discovery. Trucking defendants may respond vaguely, delay production, or provide only partial answers, hoping you won’t press further.

Best Practices:

• File motions to compel early when answers are incomplete
• Don’t accept statements like “we’ll produce what we have” without verification
• Insist on written responses for all key requests
• Set hearings or deadlines to hold the defense accountable

Why This Strategy Works:

When you force specific commitments from the defense, you can spot contradictions, uncover missing documents, and increase the likelihood of sanctions if they withhold evidence. Discovery leverage is trial leverage, and the firms that push hardest here often see the biggest results.

Use Vehicle Technology to Establish Safety Failures

Today’s commercial vehicles are equipped with more technology than ever—GPS, telematics, dashcams, SmartDrive, and driver monitoring systems. When used correctly, this data can confirm patterns of negligence, policy violations, and reckless behavior.

Example:

In one case, GPS logs showed a commercial driver leaving a bar at 2 a.m., speeding at over 120 mph, and fleeing the crash scene. The defense initially denied everything. Only after a subpoena did the data confirm the story and open the door to potential punitive damages.

Additional Tech to Request:

• Lane departure warnings
• Braking patterns and event logs
• Forward collision alerts
• Idle time and hours-of-service violation alerts

If these systems weren’t installed or weren’t used correctly, you may also have a case for company oversight failure.

Skip FOIA. Use Subpoenas and Depositions Instead.

It’s common to rely on Freedom of Information Act (FOIA) or open records requests for crash reports, 911 logs, or officer footage. But police departments can delay or deny these requests due to staffing shortages or internal policy changes.

What To Do Instead:

• Serve subpoenas or Depositions with Written Questions (DWQs) early
• Subpoena all crash scene photos, 911 call audio, dispatch records, and officer notes
• Engage with victim services through the DA’s office for support in fatal or serious injury cases

Coordinate With Prosecutors and Defense Counsel

In cases involving DUI, hit-and-run, or criminal behavior, the District Attorney may have access to powerful evidence not available through civil discovery.

Leverage Prosecutor Resources:

• Ask the DA to condition plea agreements on full factual disclosure
• Request access to evidence logs, bar receipts, or surveillance footage
• Collaborate with victim services to expedite releases and records

What About the Defense?

Defense counsel may voluntarily produce helpful records if it reduces liability exposure or aids in claim resolution. Building professional rapport with both prosecutors and opposing counsel can unlock new paths to critical documents.

Know When to Litigate

Many trucking cases don’t reach full value in pre-litigation, even when liability seems obvious. Why? Because formal discovery is often the only way to uncover the truth behind company procedures, hiring decisions, and training failures.

Discovery Goldmines:

• Driver qualification and background checks
• Internal policy manuals and updates
• Disciplinary histories and personnel files
• DVIRs (Driver Vehicle Inspection Reports)
• Deposition admissions that contradict early statements

Litigation also helps increase claim value by making it clear you’re ready to take the case the distance.

Bonus Tips to Strengthen Your Trucking Case Strategy

1. Humanize the Process

Don’t just send requests—call police departments, visit the scene, or meet with the client in person. These human connections can lead to faster responses and stronger narratives in court.

2. Trust Your Instincts

If something seems off like missing records, conflicting stories, or unusual timelines, dig deeper. Some of the biggest case breakthroughs come from attorneys who followed their gut.

3. Prep for Trial Early

Personal injury attorneys often start trial prep 60–90 days before trial settings. That includes:

• Developing demonstratives and timelines
• Coordinating expert witness prep
• Revising opening statements based on mock feedback

By starting early, you create momentum and clarity, long before your opponent is ready.

Have Questions About Trucking Litigation Strategy?

Zinda Law Group partners with attorneys nationwide on catastrophic trucking and commercial vehicle cases. If you have a challenging case or want to unlock greater value through strategy and trial support, we’re here to help.

Refer a case today by calling 800-863-5312 or visit https://www.zdfirm.com/attorney-referrals/ to learn more.