The Role of Black Box Data in Truck Accident Litigation

Most commercial trucks have a black box that records information to help reconstruct the events leading up to a crash. This device can be essential in investigating a truck wreck.

If you’ve suffered injuries in a collision with a commercial vehicle in Queens, a truck accident lawyer may be able to get access to the black box and use it to determine many facts about the crash. This information could prove vital to establishing liability and helping you seek compensation in your truck accident claim.

What Is a Black Box?

The term “black box” in semi-trucks usually refers to an event data recorder (EDR) or electronic control module (ECM). An EDR records data about the system status and the driver’s actions in the moments just before a collision.

Some people also use “black box” to refer to an electronic logging device (ELD). According to the Federal Motor Carrier Safety Administration (FMCSA), the ELD tracks the driver’s service hours. Unlike an EDR, federal law requires the ELD in every commercial truck. However, an ELD does not gather as much information as an EDR.

Types of Data Recorded in Black Boxes

A truck’s black box may record several pieces of data just before a crash, including:

• The truck’s speed
• Braking patterns
• Acceleration or deceleration
• Warning lights
• Steering wheel angle
• Airbag deployment
• Turn signals
• Seatbelt use
• GPS location
• Engine performance

Having access to this data is tremendously valuable for reconstructing how an accident happened. For example, if the driver never hit the brakes, it may indicate that they were distracted and didn’t see you in time to even try to stop.

The data recorded by an electronic logging device can also be helpful. The ELD tracks the hours the truck is in service. Your lawyer can use it to determine whether the truck driver was driving after too many hours without sleep. Exhausted drivers are much more likely to be involved in a collision. To avoid this, federal regulations place strict limits on how long truckers can be on the road. Violating these regulations is clear evidence of negligence.

How Are Black Boxes in Commercial Trucks Used in Accident Investigations?

An EDR or black box serves three main purposes in a truck accident investigation:

1. Reconstructing the accident to determine why it happened and what choices the truck driver made just before the crash
2. Collecting critical evidence to show what the driver did and how they caused the crash and the injuries you suffered
3. Proving liability to establish that the driver and other parties were responsible for your injuries

How can a truck’s black box data help prove the driver’s liability for the accident? Here are a few examples:

• Cruise control can be evidence of negligence if road conditions were bad at the time of the crash.
• The device may show that the engine was malfunctioning and the driver had been warned.
• In hit-and-run cases, GPS data can establish that the driver was at the scene and fled.
• Excessive use of the gear shift or sudden turns can suggest reckless driving.
• Driving longer than is legally allowed can be evidence of fatigued driving.
• Speeding and braking hard are proof that the trucker wasn’t driving safely to avoid the collision.
• Not using a turn signal can show the driver is at fault for a sideswipe or left-turn accident.
• Acceleration may indicate the driver was unsafely merging or switching lanes.
• If the driver didn’t brake at all, it could suggest they were falling asleep, distracted, or impaired.

In a large truck accident, the driver is not always the only liable party. The trucking company may also be at fault for violating regulations or establishing policies encouraging driver negligence. A maintenance company or parts manufacturer can be responsible for failed brakes or a jackknifing trailer. Examining the data from the black box in trucks can help determine who is to blame and prove their liability to the court.

Much of the data the black box records is not easy for an untrained person to interpret. Your lawyer will consult experts, such as accident reconstruction specialists, as needed to understand this information accurately. They will also know how to combine the information with other evidence to paint a clear picture of what happened. If that picture is compelling enough, the insurance company may be more willing to settle rather than risk taking their chances in court.

Black Box Access and Data Preservation

Unfortunately, accessing black box data isn’t always easy. The National Highway Traffic Safety Administration’s (NHTSA) policy considers this data the property of the truck’s owner. This is usually either the truck driver or the trucking company – neither of whom likely wants to share access to this data with a lawyer filing a personal injury claim against them. The first step is to request this information from the truck owner, but they may refuse.

An experienced attorney can seek a court order compelling the truck’s owner to provide access and preserve black box data. However, it’s vital to do this quickly before the truck owner deletes the data or it is overwritten. Even though it’s illegal to delete data relevant to a lawsuit, some truck owners may do so regardless. Always contact a personal injury lawyer immediately after a collision so they can seek a court order as soon as possible. Waiting too long can seriously harm your truck accident case.

Get in Touch with Our Truck Accident Lawyers Today

The Tadchiev Law Firm, P.C. is a personal injury law firm in Floral Park. We help injury victims in Queens and throughout New York seek maximum compensation after they were harmed by someone else’s negligence.

If you got hurt in an accident with a large truck in Queens, we can help you pursue the compensation you need to move forward with your life. We aren’t afraid to stand up to the insurance companies, hold trucking companies accountable, and fight aggressively for what you deserve. Contact the experienced truck accident attorneys at The Tadchiev Law Firm, P.C. today for your free consultation.

About the Author

Simon Landsberg
Simon B. Landsberg is an associate attorney at The Tadchiev Law Firm, P.C. He focuses his practice exclusively on representing individuals and families who have been injured in motor vehicle accidents and due to other forms of negligence.