Truck Accident Discovery: What We Subpoena

What Discovery Means in a Truck Accident Case

By Sam Aguiar · Reviewed July 17, 2026

By Sam Aguiar Injury Lawyers · Last Updated July 16, 2026

Discovery in a Kentucky truck accident case is the legal process where attorneys obtain evidence from trucking companies, insurance carriers, and other parties before trial. Under the Federal Motor Carrier Safety Regulations, motor carriers must retain driver logs, inspection reports, and maintenance records that discovery can reach.

Discovery in a Kentucky truck accident case is the legal process where attorneys obtain evidence from trucking companies, insurance carriers, and other parties before trial. Under the Federal Motor Carrier Safety Regulations (FMCSR), motor carriers must retain driver logs, inspection reports, maintenance records, and qualification files for specific periods. Our attorneys use subpoenas, interrogatories, requests for production, and depositions to obtain this evidence before carriers can destroy it, alter it, or claim it no longer exists.

What Is Discovery in a Truck Accident Case?

Kentucky civil procedure, governed by the Kentucky Rules of Civil Procedure (CR 26 through CR 37), grants attorneys broad discovery rights. In truck accident litigation, those rights are critical because the trucking company controls almost all of the evidence. The driver’s logs, the vehicle maintenance history, the dispatch records, the safety audit results, the drug test files: all of it sits in the carrier’s hands until a subpoena or preservation demand forces them to produce it.

Documents We Subpoena in Every Truck Crash Case

Our dedicated trucking team subpoenas a standard set of documents in every truck accident case. These are the records that reveal how the crash happened and who is responsible.

Driver Qualification File

Under 49 CFR Part 391, motor carriers must maintain a driver qualification (DQ) file for every driver. This file contains the driver’s application for employment, motor vehicle record (MVR), road test certification, medical examiner’s certificate, and annual review of driving record. It tells us whether the carrier verified the driver was qualified to operate a commercial motor vehicle, and whether red flags in the driver’s history were ignored.

DQ file failures are more common than most people realize. The FMCSA Safety Measurement System (SMS) tracks carrier compliance scores across seven categories, and driver fitness violations consistently rank among the top findings in compliance reviews.

Dispatch and Trip Records

Maintenance and Inspection Records

Under 49 CFR Part 396, carriers must perform systematic inspections, repairs, and maintenance on every commercial vehicle. Pre-trip and post-trip inspection reports (DVIRs), annual inspection certificates, and repair work orders all go into the vehicle maintenance file.

Insurance and Claims Files

“They welcomed me like family, making me feel that I mattered to them and that I wasn’t just another case.”

– R. Knox

FMCSR Records and Regulatory Compliance Files

The Federal Motor Carrier Safety Administration requires carriers to maintain extensive compliance records. These go beyond standard business documents. They are the regulatory backbone of the trucking industry, and they are often the strongest evidence in a truck accident case.

Compliance, Safety, Accountability (CSA) Scores

The FMCSA’s CSA program tracks carrier safety performance using data from roadside inspections, crash reports, and compliance reviews. Carriers receive percentile scores in seven Behavioral Analysis and Safety Improvement Categories (BASICs): Unsafe Driving, Hours-of-Service Compliance, Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Hazardous Materials Compliance, and Crash Indicator.

Drug and Alcohol Testing Records

Under 49 CFR Part 382, CDL drivers must undergo pre-employment drug testing, random drug and alcohol testing, thorough-suspicion testing, and after-collision testing. Carriers must maintain records of all tests, including any positive results, refusals to test, and return-to-duty protocols.

Safety Audit and Compliance Review History

FMCSA conducts compliance reviews of motor carriers, and carriers must also conduct internal safety audits under 49 CFR Part 385. The results of these audits, whether conducted by FMCSA or the carrier itself, are discoverable. They often contain candid assessments of safety deficiencies that the carrier knew about but failed to correct.

Electronic Logging Device (ELD) Data and Hours-of-Service Records

Since the FMCSA ELD mandate took full effect in December 2019, most commercial motor vehicles must use electronic logging devices to record driving time. ELDs replaced paper logbooks and are designed to prevent drivers from falsifying their hours of service.

ELD data is powerful evidence because it is difficult to falsify completely. Even when drivers or carriers attempt to manipulate the data, the underlying engine and GPS records often reveal the true driving pattern. We cross-reference ELD data against fuel receipts, toll records, and dispatch communications to identify discrepancies that indicate hours-of-service violations.

When Trucking Companies Destroy Evidence

Federal regulations require carriers to retain certain records for specific periods. Under 49 CFR 395.8(k), ELD data and supporting documents must be retained for at least six months. Driver qualification files must be kept for the duration of employment and three years after termination under 49 CFR Part 391. Maintenance records must be retained for one year under 49 CFR 396.3, and accident registers for three years under 49 CFR 390.15.

Accident Reconstruction and Physical Evidence

Event Data Recorder (EDR) Downloads

Most modern commercial trucks have an event data recorder, similar to a “black box” in an airplane. The EDR captures vehicle speed, brake application, throttle position, steering input, and other data points in the seconds before and during a crash. Under NHTSA regulations, EDR data is a critical piece of crash reconstruction evidence.

DOT and TriMarc Camera Footage

Dash Cam and In-Cab Camera Footage

Vehicle Inspection