As technology continues to advance, one of the most well-known aspects of the trucking industry may be disappearing, or at least becoming a lot less relevant to determining the movements of the truck and driver prior to a serious accident.  For decades, truck drivers, who are carefully regulated by the Federal Motor Carrier Safety Administration (FMCSA), have kept paper log books in order to record vehicle information, cargo details, miles traveled, routes traversed, and mandatory rest periods.  As new tractor-trailers are being manufactured, they are coming off the assembly line with digital data recorders that keep track of many different types of information, so the log books, which were frequently altered, are becoming obsolete. 

A black box may record the following information:

• The location of the truck throughout its trip based on a built-in global positioning system (GPS);
• Distances traveled each time the truck was operational;
• The average rate of speed;
• The length of time when the truck was not being driven;
• Brake application details;
• ·Tire pressure;
• The rate of speed immediately prior to a crash; and
• Other electronic information that may be used to recreate the conditions of an accident.

            There are electronic data systems that are linked into the onboard communication of the truck.  Therefore, if a truck driver gets into a serious accident and sends an e-mail to the trucking company stating that he had fallen asleep behind the wheel, that correspondence might be preserved in the black box.  Other important information might be contained in this communication log, such as driver reports about potential problems with the truck and the trucking company’s response that the driver should ignore the issue and complete the trip.  All of these details are used to build an effective case against the negligent parties.  When the data is electronically recorded, there is a lesser chance that information has been altered.

In addition to maintaining the black box, federal regulations require that there is a back-up system that maintains recorded information.  Therefore, even if the accident is severe enough that the black box is damaged or destroyed, much of the information may be preserved in another source.  This could be used to demonstrate a pattern of behavior prior to the crash.

Due to the critical nature of much of the information recorded in a black box, it is important to obtain possession of the data as soon as possible.  Under certain circumstances, a trucking company is within its rights to destroy the information in an electronic log after a certain period of time has passed without a request from a third-party for the data.  Therefore, it is crucial to send a spoliation of evidence letter (warning the other party not to destroy potential evidence) to the trucking company or truck owner as soon as possible.  This letter effectively puts the defendants on notice that the information is going to be needed and it must be preserved as evidence in the case.

Depending on the type of data collection system in the box at issue in the accident, it likely will be necessary to obtain software from the manufacturer in order to collect the important data.  An expert will then be needed to interpret the date and formulate a comprehensive picture of how the driver and/or trucking company’s negligence was the direct cause of the harm suffered by the victim of the crash.

The knowledgeable and dedicated Mississippi Truck Accident Attorneys at Barrett Law PLLC understand how to construct a strong case against a negligent truck driver or trucking company.  We will work with you and your family to develop a legal strategy that will get the best results possible based on the facts of your case.  To discuss what happened to you or your loved one, please call us at (601) 790-1505 for a free and confidential consultation.  We only receive our fees if we recover compensation for you.