A subpoena in a Texas truck accident case is a court order that forces a trucking company, driver, or other party to produce records or give testimony. Attorneys use subpoenas to get evidence that carriers rarely hand over without being compelled.
After a crash, this evidence is often entirely in the trucking company’s control, and the company has no incentive to release anything that points to its own fault. Someone recovering from injuries at a facility like Medical City Arlington can’t usually request these records alone.
The Texas Law Dog issues subpoenas as part of its truck accident investigations to lock down this evidence. We’ve been protecting injured accident victims since 2018. Call now to schedule a free consultation and learn how our truck accident lawyers in Arlington can help.
What Records Can a Subpoena Obtain in a Truck Accident Case?
A subpoena can obtain any record connected to the crash that the trucking company or driver controls. In most Texas truck cases, that includes:
- The driver’s electronic logging device (ELD) data, which shows hours of service and whether the driver violated federal drive-time limits.
- The driver qualification file, which shows licensing, training, and any past safety violations.
- Maintenance and inspection records for the specific truck involved.
- Dispatch records and cell phone data showing what the driver was doing in the minutes before the crash.
- Drug and alcohol test results required after a reportable crash under federal rules.
Each of these documents answers a different question about how the crash happened. The Texas Law Dog identifies which of these records apply to a specific crash and sends subpoenas for each one rather than requesting a generic file.
How Does an Attorney Subpoena a Trucking Company in Texas?
An attorney subpoenas a trucking company by following Texas Rule of Civil Procedure 176, which sets out how subpoenas must be issued, served, and enforced. The attorney or the court clerk issues the subpoena, naming the exact documents requested and the custodian of records responsible for producing them.
If a lawsuit has not been filed yet, Texas Rule 202 allows an attorney to petition a court, often at a courthouse like Tarrant County’s Tom Vandergriff Civil Courts Building in Fort Worth, for permission to take pre-suit depositions and request records before formal litigation begins.
To serve a subpoena, you must deliver it to the company or its registered agent. The company then has a deadline to respond or object to it. The Texas Law Dog quickly files these petitions after a crash to get records before the company can claim they weren’t requested properly.
How Long Do You Have to Subpoena Records After a Crash?
You have as little as six months to subpoena a truck’s electronic logging device data before Federal Motor Carrier Safety Administration rules allow the carrier to delete it, and some companies purge it even sooner under their own internal policies.
Driver qualification files and inspection reports have longer federal retention periods. However, a trucking company’s internal records-management practices can still result in early deletion if no formal request is on file.
The Texas Law Dog sends preservation requests and subpoenas within days of being retained specifically to beat this shorter records clock. Collecting evidence is just one of the ways a truck accident lawyer can help you.
Frequently Asked Questions About Truck Accident Subpoenas in Texas
Texas Law Dog will discuss your case during your free consultation and answer any questions you may have.
Can a Subpoena Request a Truck Driver’s Cell Phone Records?
Yes. An attorney can subpoena a driver’s cell phone carrier for call and text records covering the time around the crash. These records can show whether the driver was on a call or texting immediately before impact.
Does Issuing a Subpoena Cost Money in a Texas Truck Accident Case?
Issuing a subpoena involves court filing fees and the cost of serving the subpoena on the custodian of records, which is usually a process server fee. These costs are typically covered as part of the case expenses in a contingency fee arrangement.
Can an Insurance Company or Trucking Company Simply Ignore a Subpoena?
Once a subpoena is served correctly, the recipient must respond by the deadline. If they ignore the subpoena without objection, the court may force them to comply and could impose penalties on the company.
Do You Need To File a Lawsuit Before You Can Send a Subpoena?
Not always. Texas Rule of Civil Procedure 202 allows an attorney to petition a court for permission to subpoena records and take depositions before a lawsuit is filed, which is useful when evidence like ELD data is at risk of being deleted on a short retention schedule.
Get Help Securing Evidence After a Texas Truck Accident
A subpoena is often the only way to get the records that prove how a truck crash happened. Trucking companies have no reason to volunteer driver logs, maintenance files, or black box data that could show they were at fault.
Anyone recovering from a serious crash, whether near the Texas Department of Public Safety offices in their area or in a hospital bed hours away from home, needs someone acting on their behalf before that evidence disappears.
The Texas Law Dog sends preservation letters and subpoenas within days of taking a case, working to lock down evidence before a carrier’s internal policies allow them to be deleted. Call today for a free consultation.
