The ELD Deletion Problem: Seeking Spoliation Sanctions When Trucking ELD/Telematics Data “Disappears”

In trucking crash cases, electronic logging devices (ELDs) and telematics systems often hold the key to what happened. These tools record speed, braking, hours of service, location, and more. Federal law requires carriers to retain these records for six months and to back them up on a separate device. However, in some cases, this data suddenly “goes missing.”

That missing data can severely limit a crash victim’s ability to prove negligence. The question becomes: Was the deletion accidental, or is it spoliation?

What Is Spoliation Under Georgia Law?

Spoliation means the destruction or failure to preserve evidence that should reasonably have been kept. In Georgia, the duty to preserve arises when litigation becomes “reasonably foreseeable,” not just after a lawsuit is filed. That standard often applies within hours or days of a serious crash.

When ELD data is lost or overwritten inside the six-month window, courts may examine whether the trucking company ignored its legal duty. Georgia courts apply a five-factor test to decide if sanctions are appropriate. This includes looking at the following: 

• Whether the loss was intentional
• Whether it causes real harm to the other side
• Whether the missing data was central to the case

What Courts Can Do When Data Disappears

If spoliation is proven, Georgia state courts may instruct the jury to assume the lost evidence would have been unfavorable to the defendant. They may also block defense experts from relying on incomplete records or even award attorney fees. In federal court, judges can issue similar remedies under Rule 37(e), but harsher sanctions like adverse-inference instructions require proof of intent to deprive.

In short, the consequences for deleting ELD data can be serious, especially when that data would’ve revealed hours violations, speeding, or hard braking before impact.

We Help Clients Preserve Their Rights Early

If you or a loved one was injured in a trucking crash, it’s critical to act quickly. Many of these digital records are automatically purged after just six months. We can help you send preservation letters, subpoena third-party telematics vendors, and push for spoliation sanctions when needed.

Call us at 706-222-3790 or complete our intake form to get started.