Do Tractor Trailers Have Dashcams When There Is Accident In Virginia?

Key Highlights:

Do Tractor Trailers Have Dashcams When There Is Accident In Virginia?

• Dash cams can dramatically impact the outcome of an accident case. The truck driver’s data is controlled entirely by the truck company, which can delete the footage in 7 to 30 days without notifying the injured party. Virginia averages about 3,000 commercial truck accidents annually, with roughly 1/3 resulting in injuries or deaths (VDOT). Only 27% of deaths from commercial trucks involve other occupants of commercial trucks (the rest are individuals in smaller passenger vehicles).
• There are no federal laws requiring commercial trucks to have dash cams; however, commercial trucks are required to have electronic logging devices (ELDs) per 49 CFR § 395.8, which keep a digital record of the driver’s hours worked, speed, and location at all times and can be significant evidence of liability in a truck accident.
• In the event of a truck accident, a spoliation preservation letter must be sent as soon as possible after the crash. This letter formally requests that the trucking company preserve all dash camera footage, Electronic Logging Devices (ELDs) data, Black box and dashcam evidence data, and dispatch communications to prevent them from being deleted as part of the company’s routine.
• Under federal law, ELD data can be permanently deleted after six months, but dash camera footage can be overwritten within a few days. The trucking company’s attorneys will likely have their hands on all of this data before the injured party leaves the hospital.
• The strict contributory negligence rule in Virginia (Va. Code Ann. § 8.01-58) prohibits anyone from receiving damages if they have even 1% of the fault for the accident, so therefore dash cam or black box evidence can be used to potentially refute any argument of shared fault for accidents involving commercial vehicles.  
• Virginia courts can presume that the missing footage would have shown something negative to the trucking company when evidence has been willfully destroyed after the evidence has been requested to be preserved. 
• Tatum & Atkinson Law Firm has received more than $100 million in awards for injured individuals throughout Virginia. Contact Tatum & Atkinson Law Firm today for a free consultation. You pay us nothing until you collect money.

Most Virginia tractor-trailer companies do use dash cameras in their trucks; however, the trucking companies control access to the video footage. The video could be overwritten in as little as 7-30 days. Since most people do not know that the dash-camera recordings exist when involved in a crash, the question is whether the video recording still exists at the time it will be needed to prove the crash occurred.

This is going to be your greatest issue, not whether there was a dash camera recording the crash, but whether the recording still exists.

According to VDOT, there are approximately 3000 accidents involving trucks in Virginia each year. Of these, approximately 1/3 are injuries or fatalities; approximately 27% of truck accident fatalities involve truck occupants; in the overwhelming majority of truck accidents, the parties with the greatest losses (usually those of small passenger vehicles) are the parties that have the most difficulty obtaining evidence.

My name is Robert Tatum, and I am with the Tatum & Atkinson Law Firm, where I practice law as a lawyer. As a veteran-owned law firm, Tatum & Atkinson has been helping people since 2005 recover from tractor-trailer accidents throughout the state of Virginia by utilizing more than 65 combined years of experience in dealing with dashcam DVR, black box data, and trucking company records related to those crashes. We will secure the evidence you need to recover money from the at-fault driver in your case.

What Do the Numbers Tell Us About Virginia Truck Crashes?

Every year in Virginia, close to 3,000 collectible truck accidents occur. About one-third of these accidents will result in the loss or injury of life. So, on average, there should be an accident involving a large vehicle occurring somewhere in this state every few hours. 

• Large commercial trucks and tractor-trailer combination vehicles traveling on I-95 through Northern Virginia and the Richmond corridor, I-81 through the Shenandoah Valley and Southwestern Virginia, I-64 from Hampton Roads to Charlottesville, and Route 460 across the Southside all operate at highway speed on a 24-hour basis next to passenger vehicles.

A fully loaded tractor-trailer can have an approximate overall length of 70 feet. The total weight of a fully loaded tractor-trailer can be up to 80,000 pounds. So when a fully loaded tractor-trailer collides with a passenger car, the passenger car typically absorbs most of the impact energy of the collision. In a collision involving a fully loaded tractor-trailer and a passenger car, the most compelling evidence that can support a claim is recorded on the truck’s computer data (i.e., dashcam footage, electronic logbook information, and black box data).

It is the asymmetrical exposure to risk between a light weight passenger car and an 80,000-pound tractor-trailer that is at the core of this problem.

Do Tractor Trailers Legally Have to Have Dashcams?

No federal law requires the installation of dash-cams on commercial motor vehicles; however, some regulations allow the use of both dash-cam systems as well as driver-facing cameras if they are mounted as directed under 49 C.F.R. 393.60. The federal government does not mandate that commercial motor carriers install dash-cam systems.

Federal law does require:

Electronic Logging Devices (ELDs)

Electronic Logging Devices (ELDs) are required under 49 C.F.R. 395.8 for most commercial motor carriers, and ELDs automatically record the number of driving hours, engine operation, vehicle speed, and location. The use of ELDs is to ensure that commercial motor carriers comply with hours-of-service regulations to reduce driver fatigue. Additionally, ELDs create a digital record of the driver’s status immediately before a crash.

Vehicle inspection and maintenance records

Motor carriers are required to maintain Vehicle inspection and maintenance records and a program of maintenance, and to keep such documentation for at least one year plus 30 days after the motor vehicle drives away from the motor carrier’s control.

Driver qualification files

Driver qualification files, which must be maintained for the duration of employment and three years after termination, must include copies of the driver’s license history, the driver’s driver violations history, medical certificates from the driver’s medical exam, and drug testing records.

There is a comprehensive trail of digital evidence created by the required recordkeeping and usage of recording devices. Therefore, the usual issue in Virginia truck accident investigations is not whether such evidence exists, but rather whether or not those conducting an investigation are able to preserve the evidence promptly.

What Types of Camera Systems Are Used in Commercial Trucks?

While there are many types of camera systems in various fleets, many of them can vary greatly. The camera systems in most modern commercial truck camera systems have also become much more advanced and can show a driver much more than just the road ahead of them. 

Forward-facing dashcams

Typically found on almost all commercial trucks now, Forward-facing dashcams are used to record a video of the road ahead, traffic signals, lane position, following distance between the truck and the vehicle in front of it, and the way the truck operated in the seconds leading up to a crash. Because of the nature of the forward-facing camera and the fact that it usually has an unobstructed view of the incident, this type of evidence is often very strong when providing evidence of what the driver was doing just before the accident.

Driver-facing (inward) cameras

Another common camera system in use today in commercial fleets is the Driver-facing (inward) cameras. This type of camera looks into the cab of the truck and may show whether the driver was looking at the road, using a cell phone, eating, changing the radio, hitting a bump in the road, falling asleep, or, most importantly, how the driver reacted after being distracted by a hazard. In tractor trailer accident evidence where there are disputes regarding the driver being distracted or fatigued, inward-facing camera footage is usually much more relevant than the footage from the forward-facing camera.

Side and blind-spot cameras

The use of side and blind-spot cameras is only relevant in side-swipe crash cases where the driver claims that the other vehicle was in their blind spot during the lane change.

Event-triggered recorders

Commercial trucks are also equipped with event-triggered recorders. These cameras will automatically activate when the truck brakes hard, swerves, exceeds a certain speed, or is in a crash. Many of these camera systems, including Lytx, SmartDrive, and Samsara typically only store video for those events, rather than continuously.

Rear and backup cameras

Systems like rear and backup cameras have an impact on accidents that occur in parks, at low speeds, and in loading docks.

Trucking companies do not have to have these types of systems on every single truck; however, most of the national carriers that utilize these interstate highways in Virginia operate multi-camera systems that continuously record or are triggered to record.

Who Controls the Footage After a Crash and Why That Matters

In the hours following a serious tractor trailer dashcam accident Virginia, certain entities engage in the process of collecting and preserving accident records. The trucking company’s safety department, insurer’s adjuster, and legal team are going through the dashcam video, the ELD data, and the black box information, etc., before the injured person even knows that the accident occurred. The injured person is most likely in an emergency room, and the family is most likely in shock. No one on the injured person’s side has submitted a preservation request.

The spoliation preservation letter (preservation request) is a formal written demand that the trucking company and/or their insurer preserve all evidence related to the crash. Such evidence includes ELD records, Dashcam footage truck crash, GPS records, dispatch communications, and vehicle inspection reports.

If a spoliation preservation letter has not been submitted, then, once the FMCSA retention periods have expired for some items, the trucking company can legally destroy evidence. ELD records can be deleted six months after the date of the crash. Dashcam video is often erased within a few days or a few weeks.

That is not a technicality. That represents the practical way in which the trucking company accident records and an immediate need for legal assistance after an accident is about preserving evidence, not about litigation.

How Fast Does Dashcam Evidence Disappear?

According to the saying, “Video is like a fresh pair of tire tracks after a rain shower; once they are washed away, the most transparent proof can also wash away.” 

The majority of dashcam and front-facing camera videos only keep the most recent clips for an average of seven to thirty days. While some systems will save event-triggered video clips for a longer period of time (provided that someone has flagged them), the standard method of e-capture has limited timeframes.

ECM ‘black box’ accident data may be deleted, provided that the tracked truck either drives again or resets the feature.

• Motor carriers are required by 49 CFR § 395.8(k) to keep ELD (electronic logging device) duty statuses for six months. 
• The backup copy of this ELD data must be stored in a different location, pursuant to 49 CFR § 395.22(i), for the same time period. 

However, the six-month period passes very quickly when someone is dealing with serious injuries, and many smaller carriers have claimed that regular record purging destroyed documents that should have been preserved.

• Per 49 CFR § 382.303, post-accident alcohol testing must occur within eight hours, while drug testing may occur within 32 hours after an accident. This could leave a severely injured person with few to no options for being tested before the window of testing closes.

The window of time to preserve evidence after an accident is short; however, many trucking companies are aware of this fact and utilize it.

What Is Spoliation and What Can Virginia Courts Do About It?

“Spoliation” refers to the act of destroying, altering, or failing to preserve evidence that a party was aware of or should have been aware of so that it applied to anticipated litigation. Once a motor carrier has received a preservation letter, which is a formal written request that they keep certain types of evidence, the motor carrier must not destroy that evidence, as it could result in spoliation sanctions.

When drafting a preservation letter, the letter should reference FRCP 37e and 49 CFR § 395.8k for evidence such as ELD and dash cam videos, and the attorney can seek a temporary restraining order if the risk of spoliation is credible.

In Virginia litigation, when a party has destroyed evidence post the existence of a preservation duty, the court may inform the jury that they may assume the missing evidence, such as video footage, had been unfavorable to the trucking industry. Courts can sanction the negligent party, strike defenses, or award fees for potential spoliation.

While none of these remedies are as beneficial to an attorney as the actual truck accident video evidence, they are better than nothing; thus, it is a best practice when conducting a Virginia truck accident investigation to preserve both the preservation letter and the carrier’s response from the day the preservation letter is sent.

How Dashcam Footage and Black Box Data Work Together

Dashcam footage and black box evidence provide two very different types of information that can be used collectively to create a much stronger case against an at-fault driver than either type of evidence alone.

For example, dashcam footage could demonstrate that the truck did not reduce speed prior to colliding with another vehicle. The black box may establish that the truck began braking one second before the collision occurred. The electronic logbook (ELD) will establish that the driver had been on duty for thirteen consecutive hours, contrary to 49 CFR 395’s requirement that drivers not operate their vehicles for more than eleven hours. Finally, dispatch records will verify that the trucking company was aware of the tight schedule.

Each piece of evidence provides an initial basis from which to begin developing a truck dashcam footage accident claim that will be extremely difficult for an insurance carrier to deny or reduce

What Happens in a Virginia Tractor Trailer Accident Lawsuit When Dashcam Evidence Is Disputed?

A trucking company’s assertion that footage is unavailable or lost must be verified rather than accepted as fact. 

When a plaintiff commences discovery after a Virginia tractor trailer accident lawsuit, they may request written discovery in the form of cameras and maintenance records for any cameras mounted on the tractor-trailer, third-party vendor data, access logs for data showing when the camera was accessed or recorded and retained, and the storage records of the camera company. Additionally, depositions of the driver, safety director, and corporate representative can provide the plaintiff with details regarding what each knew and when they became aware. 

A violation of any of the Federal Motor Carrier Safety Administration’s rules governed by 49 CFR Part 390 through 399 may be used to build the negligence claim, as long as the violation is documented appropriately. Some of the more relevant violations would include hours of service (49 CFR § 395), drug and alcohol testing (49 CFR § 382), vehicle maintenance (49 CFR § 396), cargo securement (49 CFR § 393), and requirements for a Commercial Driver’s License (49 CFR § 383). 

Damaging or incriminating video footage is critical as it may negate a defendant’s contributory negligence claim as a matter of law under Va. Code Ann. § 8.01-58. For example, if the insurance company claims the injured party was partially to blame, the video footage of the truck’s lane location, speed of travel, and whether the truck signaled can refute that assertion. In Virginia, a 1% contributory negligence finding will bar recovery. Thus, video footage that will eliminate the contributory negligence issue will not only help the injured party’s lawsuit, but it may be what makes filing suit possible at all.

Before making any recorded statement, call 800-529-0804. Information you provide to an insurance company immediately following a crash can be used to support a contributory negligence claim against you. If you have dash cam footage, it will offer you protection from a contributory negligence claim, but only if there is still a copy of the footage at the time you need it.

What Other Digital Evidence Lives Inside a Commercial Truck?

A truck’s digital evidence is made up of many pieces, including dashcam data. When attorneys are preparing a truck accident case, the discovery process involves obtaining ELD records through subpoenas per 49 CFR Part 395, driver qualification files, maintenance records, and drug tests.

5 other types of evidence that may support liability

1. GPS and telematics data (Historical route data, speed data, sudden deceleration events, and fleet alerts that indicate driving errors that occurred before and during the accident)
2. Dispatch and communication records (text messages, app-based communications, and any pressure to deliver may be possible causes of unsafe driving.)
3. Cell phone records via Subpoena (Records that show whether a driver was using their phone while driving could be used to establish driver fault in an accident.)
4. Fuel Records and Scale Documents (Records showing when and where a specific tractor was filled with fuel and where it stopped would confirm the same as above.)
5. Pre-trip and post-trip inspection reports (Inspection required by FMCSA, no less than three months, may document known mechanical problems that existed before the accident.)

All of the above can establish the cause of an accident as a momentary lapse in judgment or as an ongoing safety system failure on the part of the company, and that has a direct impact on the liability determination and damages for a truck dashcam footage accident claim.

The Camera May Have Caught Everything If the Footage Is Still There

Are dash cams usable for tractor-trailers if something should happen within the state of Virginia? 

A good number of them now contain them. The big question is, does somebody respond quickly enough to ensure that footage exists if it does come as a result of an accident having taken place? The combination of commercial truck surveillance footage, ELD records, black box data, driver logs, and dispatch records can help tell the complete tale of what actually took place and why. The details of the incident can also indicate whether the commercial driver was fatigued, distracted, or driving too fast or following too closely. 

They also indicate whether the trucking company was forcing them into an unsafe schedule, ignoring proper repairs, or otherwise knew the driver they assigned to the load was not qualified. However, none of this evidence will help if it has already been overwritten by the time of litigation.

A proper Virginia truck accident investigation will preserve and collect every element of the digital evidence prior to the expiration of its potential time limit. Proper procedures must begin immediately after the accident, not following the filing of a lawsuit, or approaching the expiration date for the collection of digital evidence.

Talk With Tatum & Atkinson Law Firm About Your Virginia Tractor Trailer Accident

An accident involving a tractor-trailer can result in serious injuries for all parties, especially when equipment, maintenance, and driver behavior are factors. For those injured, Tatum & Atkinson Law Firm can review your crash, identify the possible existence of cameras/electronic evidence, send immediate preservation notifications, and begin protecting your claim as soon as possible by actively working with you to obtain. 

Call today for a free consultation, and if they do not win your case, there are no fees to pay! They will provide you with clear direction at this very difficult time in your life! Call (800) 529-0804 today! 

FAQs: Tractor Trailer Dashcams After Virginia Accidents!

Are driver-facing cameras used in commercial trucks? 

Yes, “inward-facing” (interior) cameras may provide more evidence concerning distraction, fatigue, mobile phone usage, and reactions to any crash than the view through the windshield. 

Can dashcam footage contradict a police report? 

Video may show lane location, light signal indications, and when the brake was applied and how the driver was behaving before the crash; some of which may not have been witnessed or reported by the officer who arrived first on scene. 

What if the trucking company refuses to provide dashcam footage? 

Your attorney may issue a formal preservation of evidence demand, request production of video via discovery in civil litigation, and/or seek sanctions from the Court for spoliation of evidence for failure to preserve or produce evidence. 

What happens if a camera malfunctions before the crash? 

Maintenance records related to the camera systems and service reports may provide credibility to a claim of malfunction or indicate that the systems were operational and that there simply is video evidence not being produced. 

How does dashcam video compare to black box data as evidence? 

The information gained from the video, in conjunction with the black (box) data, will provide a more comprehensive understanding of what occurred; the video will show what occurred from a visual standpoint; the black box data will show how the vehicle was behaving (speed, braking force, throttle position). 

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.