If you’re considering making an insurance claim or filing a lawsuit against a truck company, know that it comes with certain complexities that traditional accident cases do not involve. By the same token, it also offers a major advantage: black box data.
Trucks and other commercial vehicles often contain black box systems that track data about the vehicle’s activity. You may be able to use this data as evidence to show the truck driver’s negligence in your accident.
An experienced truck accident lawyer will have the leverage you need to pursue this data and use it strategically.
What Is Black Box Data?
Black box data comes from a truck’s event data recorder (EDR), a computer system installed in the majority of trucks and commercial vehicles. Like the black boxes you may have heard about in plane crashes, these systems track and store a wide range of information about the operator’s activities and the vehicle’s movement. They can show exactly what the vehicle was doing leading up to the accident, painting a fuller picture of how it happened and who may have been at fault.
Truck companies mandate these computer systems to keep tabs on their drivers. They help verify that a driver is following federal regulations and the company’s own rules regarding maintenance, speeding, taking breaks, and wearing seatbelts.
What Information Can Black Boxes Store?
Black boxes store a wide range of information that your lawyer may be able to use in an accident case. Examples include:
- Seatbelt use
- Vehicle speed
- Throttle position
- Brake application
- Airbag deployment
- GPS location
- Hours of service
- Accelerations and decelerations
- Steering angle
- Engine RPM
With these details, your truck accident lawyer should be able to determine whether:
- The driver was speeding at the time of the crash
- The driver had committed hours-of-service violations, leading to fatigue
- The brakes had not been pressed in the seconds leading up to the crash
- The engine malfunctioned, perhaps due to a lack of maintenance
- The vehicle accelerated directly before the crash
These details can aid in determining liability in crashes. If any of the above proves to be true, the driver’s fault may become relatively clear.
You and your attorney can use this information as part of the accident reconstruction process, fleshing out the details of how the crash happened to support your case.
How To Retrieve Black Box Data From a Truck Company
Black box data in accident investigations provides a wealth of evidence. The challenge often comes with accessing this evidence.
A truck company will likely not hand over this information to you without a fight. Your truck accident lawyer will need to secure a court order to gain access to it. This order would require the company to release the black box data to you as part of the investigation.
While truck companies are legally required to preserve evidence after a crash, they may destroy the black box data or delay giving it to you to help their case. A spoliation letter from your attorney to the company will ensure that this information and any other relevant evidence are preserved.
Our Truck Accident Lawyers Are Here for You
While the idea of going after the trucking company for black box data may feel intimidating, rest assured: Your attorney will handle this process for you. They can submit the court order to request a copy of the EDR data and prevent the company from destroying other evidence.
Our attorneys at Hancock Injury Attorneys would be happy to assist you. We have over 30 years of experience representing accident victims across Tampa.
Reach out today at 813-544-7398 or fill out our online form to schedule a consultation.