Dashcam and surveillance footage can be the single most powerful piece of evidence in an Arkansas truck accident injury case, and losing it can be just as damaging as the crash itself.
When a tractor-trailer collides with a passenger vehicle on I-40 near Lonoke County or at a busy intersection in Little Rock, the question of what happened and who caused it often comes down to what the cameras recorded.
In 2024, 5,340 people died in large-truck crashes across the United States, and 70% of those killed were occupants of other vehicles, not the truck itself.
Arkansas sits at the crossroads of several major freight corridors, including I-40, I-30, and I-49, meaning commercial trucks carrying poultry from processing plants in Northwest Arkansas, retail freight headed to distribution centers near Little Rock, and fuel tankers supplying rural communities are a constant presence on the state’s roads.
For injured victims and their families, video evidence from a truck’s dashcam or a nearby business’s surveillance system may be the only objective record of the seconds before and after a crash.
But getting that footage is rarely simple, and the window to preserve it is much shorter than most people realize.
This guide explains where truck accident video evidence comes from, how to get it, what can go wrong if you wait too long, and why having a lawyer involved early may determine whether the footage survives long enough to help your case.
How Can Dashcam Footage Change the Outcome of an Arkansas Truck Accident Claim?
Video evidence can shift the entire direction of a truck accident case because it provides an objective, time-stamped record of what actually happened.
Unlike witness statements, which can be inconsistent or fade over time, dashcam footage captures details that are difficult to dispute: the truck’s approximate speed, whether the driver was looking at the road, traffic signals, lane changes, and the point of impact.
In cases where the trucking company’s insurer argues that the injured driver was partially at fault, dashcam footage can directly counter that claim by showing the truck driver’s actions in real time.
This matters significantly in Arkansas because the state’s comparative fault law under Arkansas Code Section 16-64-122 bars recovery entirely if the injured person is found to be 50% or more at fault for the crash.
A few seconds of clear video showing a truck driver running a red light, drifting across the center line, or following too closely can make the difference between a denied claim and a fair recovery.
Video evidence is also valuable because it can reveal violations of federal safety regulations that would otherwise be invisible.
For example, footage showing a driver using a handheld phone violates 49 CFR § 392.82, which prohibits commercial motor vehicle drivers from using handheld mobile devices while driving.
A recording that captures a driver nodding off or struggling to stay awake may support a fatigue allegation and justify examining the driver’s electronic logging device records and other hours-of-service evidence under 49 CFR Part 395.
Serious or repeated regulatory violations may strengthen a negligence claim, and in cases involving particularly egregious conduct, they may support additional allegations, though punitive damages require proof beyond ordinary negligence and depend on the specific facts of each case.
What Types of Camera and Surveillance Evidence Exist After a Truck Crash?
Several types of video evidence may be available after a truck accident, and knowing where to look is the first step toward building a strong claim.
The most common sources fall into two categories: cameras installed on or inside the truck itself, and surveillance cameras located at or near the crash scene.
What Do Forward-Facing and Cab-Facing Truck Cameras Record?
Modern commercial trucks increasingly carry multiple camera systems, and these are often the most valuable source of video evidence after a crash.
According to a 2025 fleet safety survey published by Heavy Duty Trucking, 63% of responding trucking fleets reported using in-cab cameras, up from roughly half in the two prior years.
The same survey found that dual-facing cameras, which record both the road ahead and the driver inside the cab, jumped from 25% or fewer of fleets in prior years to 35% in 2025.
Forward-facing dashcams capture the roadway, traffic conditions, weather, traffic signals, and the movements of other vehicles from the truck driver’s perspective.
This footage can show whether the truck driver was maintaining a safe following distance, whether traffic signals were functioning properly, and the exact moment of impact.
Cab-facing cameras, sometimes called driver-facing cameras, record the driver’s behavior inside the truck.
These cameras are designed to detect distracted driving, drowsiness, cell phone use, and other unsafe behaviors.
When a cab-facing camera shows a driver looking down at a phone screen in the seconds before a crash, it provides powerful evidence of negligence that is very difficult for a trucking company to explain away.
Some larger carriers also use side-facing cameras, rear-facing cameras, and 360-degree multi-camera systems that provide a complete picture of what was happening around the truck at the time of the crash.
It is important to understand that access to these camera systems is typically controlled by the carrier, vehicle owner, or a third-party telematics provider, not the injured victim.
Voluntary disclosure of this footage may be incomplete, and formal discovery may be necessary to determine what camera angles, clips, and metadata exist.
Where Can Nearby Surveillance Footage Be Found After a Truck Wreck?
Beyond the truck itself, surveillance cameras at businesses, gas stations, traffic intersections, and even private residences near the crash site may have captured the accident.
Along Arkansas’s interstates and state highways, truck stops, convenience stores, warehouses, and agricultural facilities often have exterior cameras pointed at parking lots, driveways, and roadways.
In urban areas like Little Rock, Fort Smith, or Jonesboro, municipal traffic cameras, television-station cameras, or private surveillance systems near intersections may have preserved relevant footage, though it is worth noting that Arkansas Department of Transportation traffic cameras provide live views only and do not record or archive footage.
Private businesses are not required to keep their surveillance footage indefinitely, and many systems record on a loop that overwrites older footage after a set period that can range from days to weeks depending on the system.
This means that if no one contacts these businesses quickly after a crash, critical footage may be permanently lost before anyone has a chance to review it.
The sooner someone identifies potential surveillance sources near the crash scene and requests that the footage be preserved, the better the chances of recovering useful evidence.
How Do You Obtain Dashcam and Surveillance Footage After a Truck Accident in Arkansas?
Getting access to video evidence after a truck wreck requires a different approach depending on whether the footage belongs to the trucking company, a private business, or a government entity.
None of these sources are required to simply hand over footage because an accident victim asks for it, and some actively resist doing so.
Can Accident Victims Request Footage Without a Lawyer?
Technically, an accident victim can contact a trucking company or a nearby business and ask for footage to be preserved or shared.
There is nothing in Arkansas law that prevents an individual from making this request.
However, in practice, trucking companies and their insurers almost never voluntarily release dashcam footage to unrepresented claimants.
The trucking company’s legal team understands the value of this footage, and if it shows their driver was at fault, they have no reason to hand it over without a court order or a formal discovery request.
An unrepresented victim who calls a trucking company to ask for dashcam footage is likely to be told that the request needs to go through the company’s legal department, that the footage is part of an internal investigation, or that it cannot be released due to company policy.
Meanwhile, the footage may be overwritten by the camera system’s normal recording loop before any formal request is made.
Requesting footage from private businesses like gas stations or convenience stores is somewhat more straightforward because these businesses generally have no stake in the outcome of the case.
A polite request, made in person and in writing, can sometimes persuade a business owner to save a copy of the relevant footage.
However, many small business owners are unsure of their legal obligations, and some delete footage simply because they do not want to get involved in a legal dispute.
The most reliable way to ensure footage is preserved is through a legal mechanism called a spoliation letter, which a lawyer can send on behalf of the injured person.
What Is a Spoliation Letter and Why Does It Matter in Arkansas?
A spoliation letter is a formal written notice sent to the trucking company, its insurer, and any other party that may possess relevant evidence, demanding that they preserve all records, footage, and data related to the crash.
This includes dashcam footage, cab-facing camera recordings, electronic logging device (ELD) data, GPS records, maintenance logs, and any other electronically stored information.
Under Arkansas law, a party that receives a spoliation letter and then destroys or allows the destruction of the requested evidence may face serious consequences in court.
In Stevenson v. Union Pac. R.R., 354 F.3d 739, 746-50 (8th Cir. 2004), a case that considered both federal spoliation standards and Arkansas law, the Eighth Circuit distinguished between pre-litigation destruction under routine policies and destruction that occurred after a specific document request during active litigation.
The court held that the defendant could not rely on its routine retention policy as a shield for records destroyed after it had received a specific production request, though the decision’s reasoning was tied to the particular facts and procedural posture of that case.
This is why speed matters so much in truck accident cases.
Retention periods for commercial fleet camera systems vary widely depending on the carrier’s hardware, settings, cloud subscription, and internal policies, and continuous footage stored locally may be overwritten within hours or days.
If a spoliation letter is not sent promptly, the trucking company may claim that the footage was simply overwritten in the normal course of business, and the injured victim may have no recourse.
A lawyer can send this letter within hours of being retained, putting the trucking company on formal notice that all evidence must be preserved immediately.
What Happens When Trucking Companies Delete or Withhold Video Evidence?
When a trucking company destroys or fails to preserve video evidence after being put on notice, Arkansas law allows the court to instruct the jury to draw a negative inference against the company.
The Arkansas Supreme Court addressed spoliation in Goff v. Harold Ives Trucking Co., Inc., 342 Ark. 143, 27 S.W.3d 387 (2000), a case involving a motorist injured in a collision with a tractor-trailer.
While the court’s principal holding was that Arkansas does not recognize an independent tort claim for first-party spoliation, it also defined spoliation as the intentional destruction of evidence and confirmed that a jury could be instructed to infer that destroyed evidence would have been unfavorable to the party that destroyed it.
The Arkansas Model Jury Instruction on spoliation (AMI Civil 106) reflects this holding. It instructs jurors that if a party intentionally lost, destroyed, or suppressed evidence, they may draw an inference that the evidence would have been unfavorable to that party’s case.
However, there is an important limitation under Arkansas law that injured victims need to understand.
Arkansas courts have consistently required a showing of intentional destruction, not mere negligence, before a spoliation instruction will be given.
In Rodgers v. CWR Construction, Inc., 343 Ark. 126, 33 S.W.3d 506 (2000), the Arkansas Supreme Court held that without intentional misconduct, the trial court did not abuse its discretion by refusing to give a spoliation instruction.
Similarly, in Tomlin v. Wal-Mart Stores, Inc., 81 Ark. App. 198, 100 S.W.3d 57 (2003), the Arkansas Court of Appeals found that destroying surveillance video in accordance with a routine company retention policy, without evidence that the company knew the specific footage existed or intentionally targeted it, did not establish spoliation.
This is exactly why the timing of a spoliation letter is so critical. When a trucking company destroys dashcam footage after receiving a clear, written demand to preserve it, the argument that the destruction was routine becomes much harder to sustain.
The letter creates a paper trail showing that the company knew the footage was relevant and was on notice that it needed to be saved.
Consider a realistic scenario: a poultry transport truck headed southbound on I-49 near Springdale strikes a passenger vehicle while changing lanes at highway speed.
The truck is equipped with a forward-facing dashcam and a cab-facing camera managed by a telematics provider.
The camera system automatically saves a short clip triggered by the impact event, but the continuous loop footage showing the minutes of driving leading up to the crash may be overwritten much sooner depending on the system’s storage capacity and configuration.
If no one sends a preservation demand before that window closes, the only footage that survives may be the brief event clip, which starts at the moment of impact and misses the driver’s behavior in the minutes before.
A lawyer who acts immediately can demand the full continuous footage, the event clip, the driver-facing recording, and the associated metadata before any of it is lost.
How Do Insurance Companies Use Dashcam Footage Against You in Arkansas Truck Claims?
Insurance companies involved in Arkansas truck accident cases are experienced users of video evidence, and the way they handle footage during the claims process can work against injured victims. Understanding the risks can help you protect your claim.
One risk is incomplete voluntary disclosure. A trucking company’s insurer may have access to multiple camera angles showing the crash, but there is no requirement to share all of them voluntarily before litigation.
If the forward-facing dashcam shows the injured driver making a lane change that could be characterized as sudden, that clip may be presented during settlement negotiations without the cab-facing footage that could provide critical context about the truck driver’s actions.
Without a formal discovery process, the injured victim may not know what other footage exists.
A second risk involves the use of the victim’s own dashcam footage or social media posts to argue comparative fault.
Under Arkansas Code Section 16-64-122, even a small percentage of fault assigned to the injured person reduces their recovery, and 50 percent or more eliminates it entirely.
If the victim’s dashcam captures behavior that could be characterized as inattentive, the insurer may argue it was a proximate cause of the crash in order to inflate the victim’s fault percentage.
Under the statute, the conduct must qualify as legally relevant “fault,” which includes any act or omission that is a proximate cause of the damages, so not every imperfection visible on video automatically produces a fault allocation.
Insurance adjusters may also use the victim’s social media posts, photographs, and check-ins to undermine the severity of the injuries claimed, which is why limiting social media activity after a crash is always wise.
A third risk is the loss of footage through routine overwriting. If the truck’s dashcam footage is not flagged for preservation, the camera system’s normal recording loop may simply overwrite it, and the trucking company or its insurer may later claim the destruction was routine.
Without a preservation letter on file, this explanation can be difficult to challenge in Arkansas because the state’s spoliation doctrine requires a showing of intentional destruction.
The argument from the defense is straightforward: the footage was not intentionally deleted, it was simply not saved before the system recorded over it. This is a gap that a timely spoliation letter is specifically designed to close.
How Does Arkansas’s Comparative Fault Law Affect What Dashcam Evidence Means for Your Case?
Arkansas follows a modified comparative fault system under Arkansas Code Section 16-64-122, and this framework makes dashcam and surveillance footage even more important than it would be in a state with a more forgiving fault structure.
Under the current version of Arkansas Code Section 16-64-122, an injured person who is found to be 50% or more at fault for the crash cannot recover any damages at all.
For those found less than 50% at fault, recovery is reduced by the percentage of fault assigned to them.
This means that every piece of video evidence in a truck accident case is being scrutinized for anything that could shift even a small percentage of blame onto the injured person.
Clear dashcam footage showing a truck driver running a red light or crossing the center line can help prove fault in a truck accident convincingly and limit the effectiveness of a comparative fault defense.
On the other hand, the absence of this footage, whether because it was never preserved or because the trucking company allowed it to be overwritten, leaves the door open for the insurer to construct a narrative of shared fault based on less reliable evidence.
This is also why victims should think carefully about their own dashcam footage.
If you have a personal dashcam and it captured the crash, that footage can be a powerful tool, but it should be reviewed with a lawyer before being shared with anyone.
Providing raw footage to the trucking company’s insurer without understanding how it might be used against you could unintentionally strengthen a comparative fault argument.
Arkansas is a one-party consent state for recording under Ark. Code § 5-60-120, which means it is generally legal to record a conversation, including a conversation with an insurance adjuster, as long as one party to the conversation consents.
This can work in the victim’s favor if they record an insurance adjuster making statements that contradict the company’s later position, though admissibility in court may depend on authentication, relevance, hearsay rules, and other evidentiary considerations.
It also means that any recorded statements the victim makes to the insurer can potentially be used against them.
What Steps Should You Take Right Now to Protect Video Evidence After an Arkansas Truck Accident?
If you have been injured in a truck accident in Arkansas, there are specific steps you can take to preserve video evidence before it disappears.
Acting quickly is critical because camera systems can overwrite footage on a continuous loop, and there is no fixed legal deadline for when evidence may disappear.
First, if you are physically able, use your phone to document the truck accident scene from as many angles as possible before leaving.
Look for visible cameras on the truck itself, including dashcam units mounted on the windshield and any cameras attached to the exterior mirrors or the rear of the trailer.
Note the truck’s DOT number, the carrier’s name, and the license plate number, all of which will be needed to send a preservation demand.
Second, identify nearby businesses, gas stations, traffic signals, and residences that may have surveillance cameras pointed toward the road where the crash occurred.
Write down the names and addresses of these locations while you are still at or near the scene.
If possible, walk into the nearest business and ask the manager to save any footage from the time of the crash before it is overwritten.
Third, do not post about the crash on social media, and do not give a recorded statement to the trucking company’s insurer, keeping in mind what not to say after a truck accident in Arkansas.
Your own auto insurance policy may require cooperation with your own carrier, but you are under no obligation to speak with the at-fault party’s insurance company.
Anything you say or post can be taken out of context and used to argue that you share blame for the collision.
Fourth, contact a lawyer as soon as possible. A truck accident attorney can send spoliation letters to the trucking company, its insurer, any involved third parties, and the truck’s camera system provider within hours.
A preservation letter places the trucking company on written notice that the identified evidence may be relevant to anticipated litigation, which strengthens the argument for sanctions if that evidence is later destroyed.
The attorney can also issue subpoenas to businesses near the crash site, file motions to compel production of footage during the discovery process, and work with accident reconstruction professionals who can analyze the video alongside other data from the truck’s electronic systems.
In a state like Arkansas, where the comparative fault threshold can eliminate a victim’s entire recovery, protecting the video record of the crash may be the most important thing you do after seeing a doctor after your truck accident.
Injured in a Truck Accident in Arkansas? We Are Ready to Get to Work.
Truck accident claims involving dashcam and surveillance footage require fast action, the right legal tools, and a team that knows how to preserve and use video evidence before it disappears.
At Shamieh Law, we treat every client like family and use cutting-edge technology to analyze evidence quickly and build the strongest possible case.
With over $300 million recovered for injured clients, our Arkansas truck accident lawyers are ready to send preservation letters, secure footage, and fight for the compensation you deserve.
Call us today at 501-361-1334 for a free consultation.
Frequently Asked Questions About Dashcam and Surveillance Footage in Arkansas Truck Accident Cases
How long do trucking companies keep dashcam footage?
Retention periods vary widely depending on the carrier’s camera hardware, storage capacity, cloud subscription, and internal policies. Continuous footage stored locally may be overwritten within hours or days, while uploaded collision or safety-event clips may be retained considerably longer. Without a formal preservation demand, there is no federal or Arkansas state law requiring a trucking company to save footage for any specific length of time after a crash.
Can I get the truck’s dashcam footage without filing a lawsuit?
An injured person can ask the trucking company to voluntarily share dashcam footage, but companies and their insurers rarely agree to do so, especially when the footage may show their driver was at fault. A lawyer can send a spoliation letter demanding that the footage be preserved, but actually obtaining a copy of the footage typically requires filing a lawsuit and using the formal discovery process to compel production.
What is a spoliation letter and when should one be sent?
A spoliation letter is a formal written demand sent to any party that may possess evidence relevant to a truck accident, instructing them to preserve all records, footage, electronic data, and communications related to the crash. It should be sent as soon as possible after the accident because trucking camera systems may overwrite footage quickly depending on the system’s configuration. Sending this letter puts the trucking company on written notice that the evidence should be preserved and strengthens the injured person’s position if the evidence is later lost or destroyed.
Does Arkansas require trucking companies to install dashcams?
No. Neither federal law nor Arkansas state law requires commercial trucks to install dashcam systems. However, the Federal Motor Carrier Safety Administration (FMCSA) does regulate how dashcams can be mounted on commercial vehicle windshields under 49 CFR Section 393.60(e), and many carriers voluntarily install cameras for safety monitoring, insurance cost reduction, and regulatory compliance purposes.
What happens if the trucking company destroys dashcam footage after a crash?
Under Arkansas law, if a party intentionally destroys evidence relevant to a pending or anticipated legal claim, the court may instruct the jury to infer that the destroyed evidence would have been unfavorable to the party that destroyed it (AMI Civil 106). However, Arkansas courts require a showing of intentional destruction, not mere negligence or routine overwriting, before granting a spoliation instruction. A timely spoliation letter strengthens this argument significantly because it puts the company on formal notice.
Can my own dashcam footage be used against me?
Yes. If your personal dashcam captured the crash, the trucking company’s insurer can request that footage during litigation and use it to argue that you share fault for the collision. Under Arkansas’s modified comparative fault rule (Arkansas Code Section 16-64-122), even a small percentage of fault assigned to you reduces your recovery, and 50 percent or more eliminates it. Have a lawyer review your dashcam footage before sharing it with anyone.
Is surveillance footage from nearby businesses available after a truck accident?
Surveillance footage from gas stations, convenience stores, warehouses, and other businesses near the crash site may have captured the accident, but these businesses are not required to preserve or share their footage. Many commercial surveillance systems record on loops that overwrite older footage on a schedule that varies by system, sometimes within days. Contacting nearby businesses quickly to request preservation, and having a lawyer follow up with a formal letter, is the most reliable way to secure this evidence before it is lost.