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ParrRichey Frandsen Patterson Kruse | Injury Attorneys
  • Home
  • About
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blog
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
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    • Medical Malpractice
    • Premises Liability
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  5. Navigating new Indiana electronic evidence rules in trucking litigation

Navigating new Indiana electronic evidence rules in trucking litigation

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Jun 19, 2026 | Truck Accidents |

A serious truck crash on I 65, I 70 or I 465 can leave you with many unanswered questions. In many cases, key answers may exist in electronic records created before, during and after the crash. These records often show details that people on the scene may not notice.

However, trucking companies may lose or overwrite this information if they do not save it quickly. When that happens, important facts about the crash may become harder to confirm.

Why does electronic evidence matter after a truck crash?

Commercial trucks often generate large amounts of digital information every day. This information may help show how the driver operated the truck and what the company knew before the crash.

Common records may include:

  • Electronic logging device records that show driving time and rest breaks
  • Dispatch messages between drivers and company staff
  • Camera footage from inside and outside the truck that shows road conditions and driver actions

Taken together, these records may help create a clearer timeline of events leading up to a crash. They can also help explain how and why a collision may have happened.

How do courts address missing electronic evidence?

Courts often treat electronic records as key evidence in truck accident cases. When data disappears after a crash, judges may take a closer look at what happened and why the information is no longer available.

In federal cases, a rule called Federal Rule of Civil Procedure 37(e) may apply when electronic information should have been saved but was lost. Courts may review whether a party took reasonable steps to keep the data and whether the loss affects the ability of another party to present its case.

When records are missing, courts may weigh several factors, including the importance of the data and the reason for its loss. Based on those findings, a court may respond in different ways:

  • Allow additional investigation into how the records were lost
  • Limit certain evidence or legal arguments during the case
  • Apply other remedies permitted under Indiana law

Since each case turns on its own facts, outcomes may vary depending on the circumstances.

Preserving evidence may shape the road ahead

As trucking technology continues to evolve, electronic records may play an even larger role in explaining truck accidents. These records may help clarify what happened before a collision, while missing data may affect how each side presents its case and builds its arguments

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