A subpoena in a truck accident case is a court order that forces a person or company to produce evidence or appear in court to testify. It is one of the most powerful tools your attorney has to uncover what really happened in the crash. Without a subpoena, trucking companies are rarely willing to hand over the records that could prove negligence.
If you have been hurt in a truck crash on a major freight route like I-25 or U.S. Highway 24, a Colorado Springs truck accident lawyer at Heuser & Heuser, LLP, can use subpoenas to get important documents from the trucking company, the driver, and other parties.
Our firm has recovered hundreds of millions for injured clients and knows exactly what to look for when building a case against a commercial carrier.
Types of Subpoenas Used in Truck Accident Cases
There are two main types of subpoenas that our team at Heuser & Heuser, LLP, uses in truck accident cases. Both of them serve a different purpose, and under Colorado Rule of Civil Procedure 45, both types carry the force of a court order.
A subpoena ad testificandum requires a person to appear and give sworn testimony, either at a deposition or at trial. A subpoena duces tecum requires a person or company to turn over specific documents, records, or physical evidence. At Heuser & Heuser, LLP, we use one to get the records and another to question the people who created them.
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What Can Be Subpoenaed in a Colorado Truck Accident Lawsuit
To fully understand truck accident case subpoenas, you need to know what kind of evidence they can bring to light. The documents that prove fault after a truck crash are almost always in the hands of the trucking company. Our Colorado Springs truck accident attorneys at Heuser & Heuser, LLP, use subpoenas to force them to produce records such as:
- Driver qualification files, including hiring records and training documents
- Hours of service (HOS) logs and electronic logging device (ELD) data showing how long the driver had been on duty before the crash occurred
- Vehicle maintenance records
- Dashboard camera footage
- The truck’s black box data, which captures speed, braking, and other details that are important for your claim
- Post-crash drug and alcohol test results, which federal regulations require after serious truck accidents
- Cell phone records
- Prior claims against the driver or company
Each of these records can show whether the driver or company violated safety rules set by the Federal Motor Carrier Safety Administration (FMCSA). That evidence often becomes very important when filing a claim for damages.
Why Subpoenas Matter in Trucking Litigation
A truck accident case subpoena gives injured victims leverage. Trucking companies have teams whose job is to limit what they pay you after a crash. They know that driver logs and maintenance records can expose negligence like missed inspections and pushing drivers past hours of service limits.
Without a court order, they will not hand that evidence over voluntarily. A subpoena changes that. Once the court has ordered the company to produce records, it must comply or face serious consequences.
Heuser & Heuser, LLP, uses this process to level the playing field for injured drivers throughout Colorado Springs, Pueblo, and across El Paso County, ensuring the trucking company cannot hide from liability.
Subpoenas also help preserve evidence that could otherwise disappear. Trucking companies are only required to keep certain records for a limited time, so acting quickly with a subpoena can protect the documents your case depends on.
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What Happens If a Trucking Company Ignores a Subpoena?
If a trucking company or driver fails to comply with a subpoena, our team at Heuser & Heuser, LLP, can ask the court to hold them in contempt.
In this situation, the judge can impose fines, order compliance, and in some cases allow the jury to assume the missing evidence would have hurt the trucking company’s case.
That threat of enforceability alone is often enough to force cooperation. When it is not, our Colorado Springs truck accident lawyers are prepared to go back to court and enforce the subpoena. You can rest assured that a truck accident case filed in El Paso County District Court or other local court will be subject to enforcement powers.
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Truck Accident Subpoena FAQs
If you still have questions about what a subpoena is in a truck accident case, our team at Heuser & Heuser, LLP, provides answers below that cover some of the issues our clients ask about. We are also available for a free case review if you want to discuss your situation directly.
Can a Trucking Company Fight a Subpoena?
A trucking company can fight a subpoena by filing a motion to quash it in Colorado court. That said, the court will only grant the motion if the subpoena is overly broad, unduly burdensome, or seeks privileged information. Heuser & Heuser, LLP, writes subpoenas carefully to avoid those outcomes.
How Soon Should a Subpoena Be Sent After a Truck Accident?
A subpoena should be sent as soon as possible after a truck accident. Trucking companies are legally required to preserve certain records only for a limited time, so delaying a subpoena can allow important evidence to disappear. That is why acting quickly with an experienced Heuser & Heuser, LLP, truck accident lawyer matters so much.
Do I Need a Lawyer to Issue a Subpoena?
You technically do not need a lawyer to issue a subpoena, but drafting a subpoena correctly requires knowledge of Colorado court rules and federal trucking regulations. A poorly drafted subpoena can be challenged and thrown out. Our team at Heuser & Heuser, LLP, knows how to write truck accident case subpoenas that get results.
Learn More About Truck Accident Case Subpoenas
Truck accident cases are not like regular car crashes. The evidence you need to win might be held by a company that will fight to keep it from you.
Heuser & Heuser, LLP, has the experience to subpoena the right records, question the right witnesses, and fight for the compensation you need to move forward. Schedule a free consultation with us today to learn more about your case and get the help you need to support your recovery.
Reviewed by Brennan Heuser | October 2026
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