A large tractor-trailer, because of its size, can cause a lot of damage in an accident, particularly to smaller passenger cars, trucks, and SUVs. Because of the number of parties involved—typically the truck driver, the company he or she was working for, and in some cases, the entity that loaded the trailer, as well as the victim—a personal injury claim can be complicated.
Determining what happened in the moments leading up to the accident is often critical in establishing liability in an accident involving a semi-truck. One crucial piece of evidence is the truck’s data recorder, often called the “black box,” which is similar to the black boxes used in aviation to record flight data.
Below, we explain what a semi-truck data recorder is and how we, as your Virginia Beach truck accident attorneys, gain access to it to help build a strong claim in your favor.
What Is a Semi-Truck’s Data Recorder?
The truck’s data recorder (also called an event data recorder or EDR) is an electronic device that captures and stores data from the truck’s engine and operating systems. The truck manufacturer usually installs it to monitor the truck’s performance and operating conditions.
Most data recorders log essential details that can help investigators determine important information about what happened right before the accident. Common information stored includes:
- Speed: How fast the truck was going before and at the time of impact.
- Brake Usage: Information on whether and when the driver applied the brakes.
- Engine RPM: Data on the engine’s performance, which can indicate speed and acceleration.
- Seat belt status: Whether the driver and/or passenger were wearing seat belts.
- Steering angles: Records of the steering patterns, which can show if the driver tried to avoid an obstacle.
- Hours of operation: Some data recorders track the hours the truck has been operating, which can indicate whether the driver complied with federal Hours of Service (HOS) regulations.
This data can help identify the possible case of the accident.
Why It’s Important to Gain Access to a Truck’s Data Recorder
Gaining access to the data on the truck’s data recorder can help strengthen your personal injury claim.
Establishing Liability
In a truck accident case, liability is not always straightforward. Figuring out who was responsible can be complicated. The data from a truck’s black box may reveal that the driver was speeding, for example, which would cast at least some (if not all) of the blame on the driver. It may also show that there was a mechanical failure, such as brakes that didn’t work as expected. This may point the finger at the company employing the driver if that company failed to keep up with regular maintenance on the truck. Having factual data can help your truck accident attorney when insurance companies or other legal teams try to wriggle out of liability.
Providing Objective Evidence
Eyewitness accounts, police reports, video evidence, and more are important when establishing liability in a truck accident case. Black box data provides objective, tamper-proof evidence that can help support your argument while challenging opposing arguments. The driver may claim he wasn’t speeding, for example, but if the data shows otherwise, he will not have a strong argument.
Supporting Claims of Negligence or Fatigue
Fatigue is a common factor in truck accidents. Data from the black box can indicate whether the driver had been on the road longer than is reasonable. If so, that can provide evidence for a negligence claim if the driver violated HOS rules or if the company pressured the driver to do so.
Speeding Up the Legal Process
Black box data provides clear, objective evidence in a truck accident claim, which can streamline the investigation process. When the evidence is there in black and white, the case often proceeds more quickly through the legal system, meaning you may be able to recover compensation more quickly.
How a Truck Accident Attorney Helps Access Black Box Data
Accessing truck data recorder evidence isn’t always easy. As your truck accident attorneys, we would take the following steps.
Send a Legal Preservation Letter
The truck driver or the company he or she was working for may be reluctant to share black box data. A truck accident attorney can write a legal preservation letter, which is a formal request that demands that the trucking company preserve black box evidence. Without this type of request, there is a risk that the data may be overwritten, erased, or otherwise lost.
Navigating Complex Regulations
In some cases, a subpoena may be required for the trucking company to release black box data. Whereas a legal preservation letter is a formal request sent to the trucking company, a subpoena is a legally binding document issued by a court. Our attorneys know how to take the legal steps necessary to issue a subpoena when required.
Partnering with Experts to Interpret Data
The raw data alone from the black box isn’t always enough to create a strong argument in your favor. We often work with experts to understand and present the data in a way that supports your claim. If the data shows a sudden loss of speed or brake failure, for example, an expert can help explain how this contributed to the accident.
Contact Us Today for Help
Though a truck’s data recorder can be an important piece of evidence in a truck accident case, it’s not the only one. Other evidence will be important as well, including photos from the scene of the crash, the police report, truck maintenance data, cargo loading data, and more.
If you or a loved one was hurt or killed in a truck accident, contact our firm today for a free initial consultation. We will advocate on your behalf every step of the way, as we did for one man’s family. He died when the car he was traveling in was rear-ended by a tractor-trailer. We helped negotiate a $2.4 million settlement for the estate of our Virginia wrongful death client.
We have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, Norfolk, Suffolk, and Kitty Hawk, North Carolina.