If you were involved in an accident with a commercial truck, the vehicle should contain an event data recorder (EDR), commonly referred to as a black box. This small device records data on the truck’s physical condition and the driver’s actions. Retrieving the data after a truck accident is critical because it can help prove a party’s liability.
Black boxes typically record 30 days at a time before writing over the stored information. They typically will contain the following information, which can point to a contributing factor in a collision:
The recorded data is often transmitted to the trucking company or a hired third-party company when an accident occurs. However, a trucking accident lawyer must act quickly by sending a spoliation letter to the trucking company to ensure the evidence is preserved.
When investigating a truck accident to determine liability, data from the black box may prove another party’s negligence was the cause of the crash. For example:
Examples of data that can point to the truck driver being at fault include brakes not being applied before the collision, speeding, or an overactive engine. If there was no data on braking it may mean the truck driver was distracted (e.g., talking on the phone, texting, adjusting GPS settings, eating, etc.) and did not see the accident coming, so they did not try to stop. If the truck was traveling above the speed limit, it can be evidence of the truck driver behaving recklessly. If the engine activity shows that the driver did not take rest breaks required by federal law, it may be evidence that the truck driver was fatigued while operating the vehicle.
Black box data demonstrating ongoing or unaddressed maintenance issues may point to the trucking company being at fault. Trucking companies are required to regularly inspect their vehicles and ensure they are safe for operation. Any failure to do so is considered an act of negligence, that in turn can lead to an accident, which they will be liable for.
If data from the black box shows a mechanical failure or a part failure contributed to the crash, such as brake failure, it may mean a part on the vehicle was defective. In those cases, the manufacturer can be held liable for the resulting damages caused by a defective part they produced.
These violation examples can potentially solidify a truck accident claim, and assist you in recovering the compensation you deserve.