812-213-4551
A large truck accident is a jarring event, made even more frightening by the size and force of the vehicles involved. When you’re dealing with the aftermath of a serious collision, one of the biggest challenges is figuring out who was at fault. Insurance companies and commercial trucking companies will work hard to protect their interests, and their stories may not match what actually happened.
Thankfully, technology can offer a clear and objective account. The “black box,” or Event Data Recorder (EDR), is a powerful tool in truck accident cases. The device captures crucial information about a commercial vehicle’s operation, giving us an impartial look at the moments leading up to the crash.
Our legal team is here to help you understand this data, why it matters, and how it can be used to hold a negligent party accountable.
What is a Truck’s “Black Box”?
The term “black box” is borrowed from the aviation industry, but in a truck, the device is more accurately called an Event Data Recorder (EDR) or an Engine Control Module (ECM). This device is a small, electronic unit that constantly records vehicle data. Unlike an airplane’s flight recorder, a truck’s EDR doesn’t continuously store every moment of a trip. Instead, it captures and saves data in the seconds leading up to and during a sudden, impactful event, like a crash. This makes it a vital source of information.
The data captured by a truck’s black box can provide a snapshot of the vehicle’s operations just before a collision. It can record information like:
- Speed and sudden changes in speed
- Brake usage and whether the brakes were applied
- Steering wheel angle
- Whether the driver was wearing a seatbelt
- Engine RPMs and throttle position
This information is objective and difficult to dispute. It paints a picture that can confirm or contradict driver testimony, witness statements, and even the police report.
Why is Black Box Data Key to Your Truck Accident Case?
The burden of proof in a personal injury claim falls on the injured party. That means you must prove that the truck driver or trucking company was negligent and that their negligence directly caused your injuries. The data from a truck’s black box can be a cornerstone of that proof.
For instance, if the truck driver claims they were going the speed limit, but the EDR shows they were traveling at 80 mph, the data can prove they were speeding. If the commercial truck driver says they slammed on their brakes, but the data shows no brake engagement, that information helps us show their negligence. This data can also reveal other forms of misconduct, like a truck driver operating the vehicle for more hours than federal law allows, which can point to driver fatigue as a cause of the accident. It helps us cut through the noise and get to the facts of what happened.
Can Trucking Companies Overwrite or Destroy Black Box Data?
Trucking companies and their insurance agencies are well aware of how valuable black box data is. They know it can hurt their case and may not want you to have it. Under the Federal Motor Carrier Safety Administration (FMCSA) regulations, trucking companies are required to keep certain records. Still, no universal rule mandates the long-term preservation of all EDR data after a crash. This means the data can be overwritten or even destroyed.
We have seen this tactic before, but we know how to fight it. When we take on a new case, we often send a spoliation letter to the commercial trucking company. This legal notice orders them to preserve all evidence related to the crash, including the EDR data. If they fail to do so after receiving this letter, we can file a motion with the court, and a judge can impose sanctions on the company for destroying evidence. This act of destroying evidence is a serious offense that can be used to show they were hiding something.
Are There Unique State Laws on Negligence and EDR Data?
In Indiana, courts apply a rule called modified comparative fault with a 51% bar. This means that you can still recover compensation even if you were partially at fault, as long as your fault does not exceed that of the other driver. If a jury finds you are 50% or less at fault, you can recover a portion of your damages. For example, if your damages are $100,000 and you are found to be 20% at fault, your recovery would be $80,000. But if you are found to be 51% or more at fault, you cannot recover any financial compensation.
Kentucky, on the other hand, follows a rule of pure comparative fault. Here, you can recover damages even if you are found to be more than 50% at fault. Your percentage of fault would simply reduce your total award. If a jury awarded you $100,000 and found you were at 80% at fault, you would still receive $20,000. These different standards make proving the truck driver’s negligence with data from the EDR even more critical.
How Do Truck Accident Victims Get the EDR Data for Their Cases?
Trucking companies are not required to give you the black box data just because you ask for it. Often, they will resist your requests, or they might even claim the data was lost or corrupted. This is where our knowledge and experience come into play. We are familiar with the legal procedures in both Indiana and Kentucky to compel the release of this evidence.
The primary tool for getting this data is a legal order that requires a person or company to produce specific documents or evidence. The court will issue this subpoena to the trucking company, legally compelling them to turn over the EDR data. We work closely with accident reconstruction experts and forensic engineers with the tools and knowledge to download, preserve, and interpret the data from the EDR. They can then present this information clearly and convincingly to a jury.
Contact Us for a Free Case Evaluation Today
After a truck accident, you should not have to face powerful trucking companies and their insurance adjusters on your own. It can feel like an impossible battle. We at Gerling Law are here to be helpful on your side. For decades, we have been a part of the Evansville and Owensboro communities and are known for our honest and kind approach to our clients. While we are warm and approachable with you, we become aggressive toward insurance agencies that want to deny your claims.
We take the time to listen to your story, understand your needs, and then put our years of experience to work. We know how to investigate a truck accident, from sending a spoliation letter to obtaining and interpreting the black box data. We get to know our clients and their families, so when we battle, we fight for a person we know, not just another case number.
You do not have to do it alone if you or a loved one has been in a truck accident. We are ready to listen.
To find out how we can help with your truck accident case, please call us today for a free consultation.
- For Evansville, Indiana, click to call us at 812-213-4551.
- For Owensboro, Kentucky, you can reach us at 812-646-3277.
