Mississippi Tricking Accident Attorney Explains Jackknife Trucking Accidents

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Driving near tractor-trailers can make people nervous. After all, the weight of these vehicles is 20-30 times what a passenger car is, and when a truck collides with a passenger vehicle, the occupants of the smaller vehicle are the ones that typically suffer the most severe injuries and a higher risk of death. While there are certain aspects of truck driving that make it more challenging, and potentially more likely for the truck driver to cause accidents, not all truck accidents are caused by truck drivers. With that said, the size and weight of commercial trucks makes it more difficult for them to stop quickly, especially on wet or icy roads, and truck drivers are more likely than other drivers to spend extremely long periods of time behind the wheel.

It seems that jackknife accidents would be clear examples of accidents that are the fault of a truck driver, and not the other driver, however, even in these cases an injured person will have to prove liability.

What is a jackknife accident?

Large tractor-trailers consist of a cabin and the trailer. When the driver in the cabin loses control over the trailer part of the truck, and the truck takes on the shape of the letter “L” or a “V,” this is referred to as “jackknifing.” The name is derived from a folding knife because the shape is similar to that of a partially folded blade.

What are the risks associated with jackknifing?

If a truck loses control and jackknifes, the trailer could cross the road, including the traffic in lanes traveling in the opposite direction. This can cause cars to crash head-on into the trailer with little opportunity to get out of the way or stop. There is also a large risk of a truck rolling when it jackknifes, creating an incredible risk to everyone on the road, and at times risking spilling cargo that could also be hazardous.

What causes a truck to jackknife?

When a truck driver slams on the breaks, the cab might stop, but the trailer may continue to move forward. This could occur because of inclement weather, curves in the road, or because the truck driver was trying to avoid something in his or her path.

Many times, these accidents could be caused by negligence on the part to the truck driver. For instance, the need to slam on the breaks could often occur as the result of the driver speeding, or driving at a speed that might be under the speed limit, but still reckless due to the weather or other conditions. Of course, not every accident involving jackknifing will necessarily be the fault of a truck driver. If the trucker only attempted to stop abruptly because of a car accident that occurred immediately in front of the truck’s path, then the driver might not have been negligent, but rather caught in a helpless position.

It is important to remember that if you were in an accident with a truck that jackknifed and your own driving might have contributed to the injuries that you suffered, you can still collect compensation from the other negligent driver under Mississippi law, your compensation will just be reduced to reflect your share of the fault.

Any accident involving trucks is frightening and can potentially cause catastrophic harm. Be sure to speak with an attorney to have your claim evaluated and to determine your best course of action.  Contact Barrett Law PLLC today to speak with our seasoned Mississippi Trucking Accident Attorney.

 

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Trucking Accidents and Corporate Liability

Because of the sheer size and mass of commercial trucks, accidents involving these vehicles can be extremely destructive and leave people with severe injuries and enormous costs. If the accident is the result of the truck driver’s actions, then other injured people would be entitled to collect compensation for their injuries. One issue that complicates these matters is determining who is actually on the hook for the truck driver’s negligence? Is it the trucker as an individual? Or, is it the company that employs the driver?  In most cases, injured people would rather file a lawsuit against a driver’s company because there is a greater chance of recovering a higher damages award as opposed to simply going after the individual truck driver. However, it is not always clear who is going to be liable.

Respondeat superior

Under the legal concept of respondeat superior, an employer is responsible for the actions taken by their employees. If respondeat superior applies in a case, the company is just as liable for the injuries caused by the truck accident as if it was behind the wheel. There are limitations on this liability though. For one thing, the actions must have taken place in the course of the employee’s work for the company. If the trucker was working, hauling goods for the company at the time of the accident, then the accident occurred in the course of his or her employment. However, if the truck driver was on his or her way to a movie at the time, then the employer might not be responsible for the employee’s actions. Additionally, only unintentional conduct usually counts. If the truck driver committed an intentional tort, the company would not be liable.

The biggest question in determining if respondeat superior applies though, is whether or not the truck driver was an employee.

When is a trucker an employee?

State laws differ on how to determine whether a person is an independent contractor or an employee. In Mississippi, there are several factors considered, including:

  • Level of control over the details of the work
  • Whether the employer person is in a distinct occupation or business
  • The required skill of the occupation
  • If tools and a place of work are supplied by the employer
  • How much time the person is employed for
  • How the person is paid (based on time or per job)
  • Whether the work performed is a normal part of the employer’s business

Determining who is responsible for damages caused in a truck accident can be complicated, but is an extremely important part of a claim for compensation.

Because of the serious damage caused by many trucking accidents, it is vital for individuals involved in these accidents to have their claims evaluated by experienced personal injury attorneys. If you were hurt in an accident with a truck, contact an attorney to discuss your claim, and to determine the best way to pursue compensation for your injuries.  Contact the seasoned Mississippi Trucking Accident Lawyer today at (601) 790-1505 to learn more about your legal rights and options.

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Mississippi Trucking Accident Attorney Describes a Very Messy Trucking Accident

Accident scenes can be gruesome, but sometimes, an accident happens that takes gruesomeness to another level. A recent accident involving an overturned tractor trailer resulted in a highway strewn with dead chicken parts. The wreckage ended up on the southbound side of I-55, near mile marker 76. The driver said that he was traveling north when the trailer portion of his rig malfunctioned. As he lost control of the truck, it went into the median and flipped over the barrier onto the southbound side of the road. Fortunately, the chicken parts that got scattered about the accident scene were the only gruesome discoveries in this wreck. The truck driver didn’t exhibit any signs of injury after the crash.

When cars collide, it can make a mess in the road. When one of the vehicles in a wreck is a tractor trailer, the potential for damage and destruction is even greater. There are other differences between tractor trailer accidents and accidents that involve only passenger vehicles. It is useful for all drivers to know what the differences are between accidents involving passenger vehicles only and accidents involving eighteen-wheelers. One difference is that tractor trailers are driven by professional drivers. If they get in an accident, they are at work. The accident might cause them to miss an important deadline, or they may be exhausted from a long day on the road. Fortunately, there are safety rules in place to help truck drivers act responsibly and avoid driving while they are tired, but those rules do not always get followed. If you get into an accident with a tractor trailer, remember that the person who is driving the truck might not even own it, so there are likely to be other parties besides the drivers involved in your trucking accident case.

Not only are the parties in trucking accident cases different and more numerous than the parties in accident cases involving only cars, they vehicles themselves are different. Eighteen-wheelers are enormous, and they are heavy. They handle differently when they are loaded than they do when they are not. They have moving parts. Eighteen-wheelers are longer and taller than other vehicles on the road. They are also much heavier. The exact weight of a trailer truck varies depending upon the weight of its cargo, but many of them weigh nearly eighty thousand pounds. Because tractor trailers are big and heavy and they maneuver differently than cars do, the physical occurrence of an accident involving a tractor trailer is much different than a wreck of only passenger vehicles.

Barrett Law PLLC:   Caring Support for Victims of Mississippi Trucking Accidents

The differences between tractor trailer accidents and passenger vehicle accidents can make pursuing resolution of your claim for damages difficult and complicated. Trucking accident cases can also involve various state and Federal laws that do not apply to passenger vehicle crashes. Accident victims who were in a wreck involving a tractor-trailer need the specialized knowledge and support of a Mississippi Trucking Accident Attorney. Attorneys who understand trucking accident cases know exactly how to get and interpret evidence and business records which are needed to successfully resolve your trucking accident claim. If you would like to learn more about how Mississippi trucking accident victims can file a claim for damages, call the Mississippi Trucking Accident Attorney at Barrett Law PLLC, at 1 (601) 790-1505 today.

 

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Mississippi Trucking Accident Attorney Discusses Trucking Accidents Involving Hazardous Materials

The wreckage from tractor trailer accidents can make a huge mess on the road, and the massive vehicles often block the roadway for some time before the road can get cleared. Sometimes, the contents of a truck will spill out when the truck gets into a wreck. If the truck is carrying books, clothing, or other household or non-hazardous items, it can take a while to get the cargo cleaned up, but it doesn’t create a threat to the environment or people in the area if traffic near the accident scene is properly diverted until the road is clear. If the truck contains hazardous cargo, there is a potential risk to environmental and human health and safety if the cargo spills in a crash,

A recent accident involving a tanker truck carrying hydrogen peroxide created such a threat when the truck overturned in the median of I-22. Since there was a hazardous substance involved in that accident, there was a lot more to clean it up than removing the wrecked truck from the road. The wreck closed the highway for hours, as emergency personnel worked to keep people at least a half of a mile away from it because a crack in the tank of the truck was releasing hydrogen peroxide vapor into the air. The driver did not get hurt in the wreck, and the vapor did not catch fire. Cleanup efforts after the crash included air quality monitoring to check for dangerous levels of the vapor as well as dilution of the hydrogen peroxide to a safe concentration. Local fire departments brought tanker trucks full of water to the accident scene, where they used the water to dilute the hydrogen peroxide. Air quality monitoring equipment got used to ensure that the vapors were not creating a risk of fire or explosion.

Hydrogen peroxide, in a highly diluted form, is safe for use as an antiseptic and many people have it at home in their medicine cabinets. Concentrated hydrogen peroxide, which is what as contained in the tanker that overturned, is an irritant, which means that it can harm skin, eyes, and respiratory organs. It is also corrosive, so it can burn skin and eat through different substances. Hydrogen peroxide vapors are flammable and can catch fire and even explode. It is fortunate that none of the potentially dangerous things that could have happened in this recent tractor trailer wreck came to pass. The accident is an illustration of the potential danger of trucking accidents involving hazardous materials.

Barrett Law PLLC:   Helping People Who Get Hurt In Mississippi Trucking Accidents

Accidents involving tractor trailers can cause serious injury, fatalities, and property damage. Some tractor trailer accidents can even spill hazardous cargo onto the roadway, increasing the risk of serious injury, death, environmental harm and property damage. To learn more about how Mississippi trucking accident victims can file a claim for damages that they sustained as the result of a Mississippi truck wreck, call the knowledgeable Mississippi Personal Injury Attorney at Barrett Law PLLC, at 1 (601) 790-1505 today.

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Mississippi Trucking Accident Attorney Discusses Spilled Cargo

Sometimes, tractor trailer accidents can make a big mess on the road. In some cases, when cargo spills out of a trailer, there is no real danger to the public or to the environment besides the potential for accidents to occur as people get curious and look at the mess instead of paying attention to driving. At other times, cargo that spills from a wrecked truck can be a significant threat to human and environmental safety.

A recent tractor trailer crash near the Mississippi-Louisiana state line left letters and packages strewn about the accident scene. The truck was carrying mail to California, but the mail that was in the trailer will not reach its destination as quickly as it would have if the wreck had not occurred. It was wet when the mail tumbled out onto the road, and the mail had to be collected off of the road, put into a truck, and brought to New Orleans, where it will get dried out before it continues its journey to California.

Fortunately, there were no reports of other accidents happening in the vicinity of the crashed mail truck. The envelopes and packages that ended up on the road did not cause any threat to human or environmental health and safety. There have been other trucking accidents in Mississippi and throughout America where the truck’s cargo created health and environmental hazards that had to be addressed quickly by Hazardous Materials Response Teams (HAZMAT). For example, one tractor trailer that overturned was loaded with naphtha. Law enforcement officers closed the road near the spill for twelve hours after the wreck and diverted traffic onto other roads while emergency response crews cleaned up the spill. The driver of the truck got hurt, and additional injuries resulted from accidents that happened in the midst of the heavy traffic throughout the surrounding area later that day.

Also, a tanker truck overturned during a collision with a pickup truck. The tanker truck was carrying a corrosive liquid, and some of it spilled onto the road. The road where the crash happened was closed for several hours. Area residents were advised to stay in their homes and not go outside so that they would not get exposed to chemical fumes. Many hazardous materials are transported by truck every day in the United States. Between 2004 and 2013, over three thousand of the truck crashes that happened on American roads involved hazardous materials. Ninety-one people died in those accidents, and much more were injured. In addition to their impact on human lives, the wrecks caused over four hundred and fifty million dollars’ worth of property damage.

Barrett Law PLLC:   Helping People Hurt By Mississippi Trucking Accidents

Accidents involving tractor trailers can cause death, injury, and property damage. Some tractor trailer accidents can even spill cargo onto the roadway, which could create even more danger if the cargo is a hazardous substance or creates the risk of additional accidents. To learn more about Mississippi trucking accidents, call the knowledgeable Mississippi Personal Injury Attorneys at Barrett Law PLLC, at 1 (601) 790-1505 today.

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Mississippi Trucking Accident Attorney Talks About Collisions Involving Multiple Trucks

A recent midday crash involving three tractor-trailers stopped eastbound traffic on Interstate 10 in Mississippi for quite some time while response crews worked to clear the wreckage from the roadway. Preliminary reports on the accident did not indicate that there were any fatalities from the crash, but there was a lot of property damage, and there may have been some injuries. Accidents involving one tractor trailer can cause significant amounts of property damage and bodily harm, and accidents involving multiple tractor trailers cause even more damage and destruction.

Tractor trailer accidents are often both severe and fatal. Because eighteen-wheelers are large and heavy, any accident involving multiple tractor trailers increase the amount of injury and damage that occur. Accidents involving multiple tractor trailers can happen anytime, but the risk of those accidents happening increases during times of peak traffic, when the roads are crowded with al kinds of vehicles. When tractor-trailers are traveling near each other, there are several ways that they can crash into each other. Sometimes, one truck rear-ends another.  When this happens, other vehicles may also get into a rear-end collision with the first two trucks. These rear-end collisions can be extremely dangerous, because the driver of the truck that collided with the rear of the first truck could become trapped in the cab of their truck, resulting in serious injuries or death. Multiple tractor trailers can collide in any fashion and trigger a chain reaction in which multiple other vehicles pile up into a wreck on the roadway. Another possible multiple truck accident scenario is the side impact, which can happen when trucks are driving next to each other and fail to maintain their lanes.

Drivers of passenger vehicles need to know that whenever there is a trucking accident, there is likely to be a complicated set of facts. It can be difficult for accident victims and their families to pursue claims for damages because of the complexity. Trucking accident attorneys understand how trucking accident claims work, the various types of parties involved, and how to pursue claims on behalf of their clients with the goal of obtaining compensation for their damages promptly. The reason that trucking accidents are complicated is that they involve more parties than just the drivers and passengers at the crash scene. These parties include the trucking company, their insurance company, the truck manufacturer, the manufacturer of parts used to repair the truck, mechanics that have worked on the trucks, and others. If you are involved in a trucking accident, know that the “accident response team” that responds to accident scene (not emergency rescue personnel, a separate group of investigators) is there on behalf of the insurers and the trucking companies. These people are not neutral parties, and they represent interests that are contrary to yours. You may refuse to speak with them until you have talked with your attorney.

Barrett Law PLLC:   Helping Victims Of Mississippi Trucking Accidents

Accidents involving multiple tractor trailers can be devastating. To learn more about how we could help you file a claim for damages after a trucking accident or any other type of wreck, call the knowledgeable Mississippi Trucking Accident Attorneys at Barrett Law PLLC, at 1 (601) 790-1505 to set up a consultation.

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Mississippi Trucking Accident Attorneys Discuss Pile-Up Accidents

A tragic chain of events resulted in a fatal motor vehicle wreck involving an eighteen-wheeler and three other vehicles. The pile-up happened on the southbound side of I-270 just south of Clayton. After the accident, the southbound lanes of the highway were closed for over six hours, as multiple agencies worked to remove the wreckage from the roadway and investigate the accident.

A pile-up, or chain reaction accident occurs when one accident or collision occurs and then other vehicles subsequently become ensnared in it. For example, in this recent pile-up accident, the initial incident took place when the driver of a van that was pulling a trailer lost control of their vehicle while they were driving southbound on I-270. As the driver of the van lost control of the vehicle, it crossed lanes, colliding with a tow truck and then a passenger car. During this collision, one or more of the vehicles ended up in the median. At some point during or after that accident, the driver of a tractor-trailer tried to avoid the wreckage. That eighteen-wheeler became entangled in the mess because, despite their efforts, the driver was unable to successfully maneuver around it. Things got worse when the van caught fire, and things continued to get worse when the semi-truck caught on fire. Four people were involved in this devastating and destructive four-vehicle chain reaction crash. One died, two others received serious injuries, and one, the driver of the tow truck, escaped from the experience without harm.

All motor vehicle accidents are tragic, especially those that claim one or more lives and cause large amounts of injury and property damage. Fortunately, drivers can sometimes avoid becoming ensnared in a pile-up accident by employing safe driving strategies. One such strategy is maintaining a constant awareness of the weather and the road conditions where you are driving. We all know that weather is changeable, but did you know that road conditions can change just as quickly as the weather? In fact, some of the most dangerous road conditions can occur right after a change from dry to wet weather, partly because of how the precipitation affects the road surface and partly because drivers are often slow to adjust their driving to variations in the weather. If you reduce your speed as soon as you notice a change in the weather, you will put yourself at an advantage by being able to better maintain control of your vehicle and being better able to see what is happening on the road ahead of you with enough time to safely adjust your course if needed. A second safe driving practice that can help you avoid accidents of all kinds, including chain reaction accidents, is leaving plenty of room between your vehicle and the other vehicles that are near you on the roadway. Space provides time within which you can react to changes in the positions of other vehicles, and can give you enough time to stop or change course safely if a vehicle ahead of you loses control or has a collision.

Barrett Law PLLC:  Serving Mississippi Trucking Accident Victims

If you or someone that you love got hurt or killed in a pile-up accident involving a tractor trailer, be sure to choose an attorney who has experience with handling trucking accident cases. To learn more, call the Mississippi Trucking Accident Attorneys at Barrett Law PLLC, at 1 (601) 790-1505, to schedule a free consultation.

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Mississippi Trucking Accident Attorneys Discuss Dangers of Dump Truck Work

A dump truck driver went missing after the truck he was operating slid down a slope and into a river. The man was picking up slag rocks off of barges when the accident happened. Rescue crews with boats worked through the night trying to locate the driver in the water, and search and rescue teams continued to look for him as the investigation into why and how the dump truck rolled into the river began.

Dump truck operators face dangers on the job every day. When an accident occurs, there is great potential for serious injury or death. Dump truck accidents can happen in ways that are as varied as the work that dump truck operators do. For example, an accident in a landfill resulted in the death of a dump truck driver who was buried underneath several tons of construction materials that were dumped on top of him and on top of his truck by another dump truck operator.

Dump truck operators can be injured or killed in accidents on roadways, in the same manner that drivers and passengers in other types of vehicles can. When dump trucks are present at construction sites, there is always a danger that a dump truck operator who is outside of their truck could be struck by another dump truck as it passes through the site. Loading and unloading create other situations in which a driver may be outside of their truck and at risk for rocks, dirt, rubbish, and other materials to fall on them, which could injure or kill them. Other dump truck accidents occur near waterways, in quarries, or in other areas where the ground underneath where the trucks are working creates a hazard of tipping, falling, or other unexpected movements of the truck, which can hurt and kill the driver.

Accidents involving dump trucks are similar to other types of trucking accidents in that dump trucks are often owned by trucking companies and insured with commercial insurance policies. Accidents involving dump trucks can involve a lengthy and complicated claims process involving multiple parties. A dump truck accident can leave a driver seriously injured and facing lost work time as well as a long recovery.  A dump truck accident could also rob a family of a loved one suddenly and without warning. Both of these situations make it difficult for those with personal injury or wrongful death claims to pursue them.

Barrett Law PLLC:  Helping Mississippi Trucking Accident Victims and Their Families

If you got hurt in a dump truck accident or a family member lost their life in a dump truck accident, you deserve caring and compassionate legal support during this difficult time in your life. Mississippi Trucking Accident Attorneys can help you navigate your trucking accident case and understand the claims process while you focus on healing from your injury or loss. Please call the Mississippi Trucking Accident Attorneys at Barrett Law PLLC at 1 (601) 790-1505 to schedule a free, initial consultation.

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Jackson Mississippi Trucking Accident Attorneys Offer More Advice on Screening a Potential Semi-Truck Crash Injury Law Firm

Because of the complexity and sophistication involved in trucking litigation, the experience, skill, and legal acumen of the Jackson trucking accident attorneys you handle can have a profound impact on your recovery.  This blog post is the second installment providing recommended issues to consider when hiring a semi-truck accident lawyer.

What other evidence will the law firm use to prove the liability of the commercial driver and trucking company?

Our law firm will use all appropriate evidence and tools to establish the negligence of the trucking company and driver.  Our Mississippi tractor-trailer accident attorneys aggressively use discovery to obtain documents and information that include but are not limited to the following:

  • Electronic data recorder information
  • Fuel and tire receipts
  • Lodging receipts
  • Emails between driver and trucking company
  • Employee personnel file
  • Drug testing records
  • Driver logbooks
  • Maintenance records
  • Documents related to safety inspections and violations

We also work closely with industry experts regarding engineering and handling issues, accident reconstruction, and industry practices.  Our lawyers also use documents obtained in discovery, as well as the testimony of company officials and the driver to uncover manipulated records like false logbook entries.

 Has your law firm had success in prior tractor-trailer accident lawsuits?

Law firms that have successfully handled prior trucking accident cases should be able to reference prior significant settlements and judgments.  While no two cases are identical and past results cannot guarantee any specific result in your lawsuit, a firm that has expertise handling trucking cases will be able to talk to you about prior results in prior tractor-trailer accident cases.

How do your trucking accident attorneys handle client customer service?

If you were hiring a contractor to renovate your home, you would not select someone who puts your project on the backburner and neglects to communicate with you about the progress of your home.  Clients should expect no less when hiring a lawyer for your trucking case.  We place a high value on client satisfaction which is why we have a policy of responding to phone calls or emails the same day or the next business day.  Our lawyers also provide updates regarding significant developments in your case, so you are not left in limbo regarding the status of your legal claim.

How will your law firm prove damages suffered in my trucking accident claim?

If a passenger vehicle occupant is injured in a collision involving an 18-wheeler, there is a high probability that occupants of the passenger vehicle will suffer severe injury.  We will use your medical records and billings, payroll records, vehicle repair/replacement estimates, and similar documents to establish your economic losses.  Our attorneys also use testimony from trucking victims and family members to help a judge and jury understand the impact of your injury or disability on your daily life experience.  We also might use medical experts and vocational therapists to help prove the limitations and obstacles you face in working or engaging in activities before your injuries.  Since the types of severe injuries experienced in a tractor-trailer crash can adversely impact many aspects of your life, we rely on these types of evidence, videos, and other evidence to facilitate a verdict or settlement that fully addresses your losses.

Does your law firm have the financial resources necessary to successfully pursue my personal injury claim?

When litigation involves complex issues like those in trucking accident litigation, as well as catastrophic injury or wrongful death, the cost of litigating the case typically will be significant.  The litigation could be a lengthy process even without a trial.  Further, experts might need to be paid for their time testifying in depositions and at trial.  Effective use of specialized testimony from expert witnesses, persuasive professional visual exhibits/videos, and other successful litigation tools can mean the difference between a successful and a sub-par outcome.  Reputable trucking accident law firms will advance the costs of your litigation, so you need to know that the firm you retain has the litigation resources to maximize your chances at a full recovery.

If you have been injured in a semi-truck accident in Mississippi or the surrounding areas, our Jackson trucking accident lawyers have successfully represented many victims of negligent commercial carriers and their drivers.  At Barrett Law, our Mississippi Trucking Accident Attorneys are here to help.  Contact our law firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

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What Every Driver Should Know about Semi-Truck “Black Boxes”

If you are involved in a trucking accident, certain types of evidence will be critical to proving negligent conduct by the commercial carrier, trucking company, independent maintenance company, or other parties. The truck’s event data recorder (EDR) often constitutes one of the most critical sources of evidence in trucking accident lawsuits. These data recorders (also referred to as “black boxes”) are much like the black box on a commercial airline, so it can be used to determine events that occur immediately prior to a crash to facilitate analysis of the cause of a crash. Because the evidence obtained from an EDR typically has a significant impact on the outcome of a trucking accident claim, this blog answers common questions about this form of evidence in trucking cases.

What is a “black box”?

These devices record data from a motor vehicle prior to and/or during a collision. Law enforcement and regulatory investigators can download this information from the device’s memory to assist in interpreting the accident, evaluating the performance of safety equipment, and determining fault. Many EDRs record data transmitted by the engine control module regarding pre-crash speed, application of brakes, number of impacts, time between impacts, seat belt and air bag performance, speed immediately prior to impact, and throttle position.

Are EDRs mandatory for large trucks?

Vehicles with a weight rating higher than 8,500 pounds are exempt from regulations promulgated by the National Highway Traffic Safety Administration (NHTSA) regarding EDRs. However, many commercial carriers install both data recorders and video inside a semi-truck because the trucking company can use this equipment to improve fuel efficiency, monitor excessive speeds, identify improper routes, defend against lawsuits, and monitor other misuse of fleet vehicles.

There are even more advanced EDRs capable of recording more detailed information. The NHTSA mandates that these more sophisticated recorders store data on driver steering input, activation of electronic stability control (ESC) systems, occupant size, occupant position, and engagement of antilock brakes.

Even when data recorders are not installed, many heavy trucks are equipped with engine recorders. The information recorded by these devices is not nearly as extensive as that recorded by an EDR, but the information can still be critical to a semi-truck accident claim. This more limited information typically includes engine fault codes, hard braking, and the last time the vehicle engine was switched off or the vehicle stopped.

Can EDR data be used in civil or criminal litigation?

Information obtained from an EDR can be extremely helpful during both civil and criminal proceeding following a tractor-trailer collision. When our Mississippi trucking accident attorneys work with accident reconstruction experts, the data from a “black box” can be critical in confirming theories of liability, exposing misrepresentations about the truck’s location or hours of service, and furnishing evidence of liability not available through other sources. State law will dictate when the data can be introduced as evidence in a civil lawsuit.

Must the trucking company preserve data recorded by a large truck’s EDR?

EDRs typically have the ability to record for 30 days or some other period before the device will begin recording over existing data, but older units might have far less recording capacity. Once the recording capacity has been exhausted, the device will begin recording over stored data.

Further, some states have passed laws designating that the data is the property of the trucking company. This means that the trucking company might have the right to destroy the information in the wake of a collision unless legal steps are taken to prevent the commercial carrier from conveniently erasing the information.

Depending on the state, a restraining order might be necessary to ensure preservation of the data. Another option involves a trucking accident attorney sending a letter to the trucking company indicating that the information stored in the EDR is the subject of litigation, so it must be preserved. This form of correspondence, which is referred to as a “spoliation letter,” can expose the trucking company to sanctions from the court if the information is altered or lost. These sanctions might result in an attorney fee award or sanctions like an instruction to the jury that the lost information should be presumed to be favorable to the plaintiff.

While law firms representing injury victims must act promptly to preserve “black box” data, this issue can be complicated based on the jurisdiction where the case is being litigated. The Federal Rules of Civil Procedure and many states impose requirements for the preservation of electronic data.

How can an EDR be used in a trucking accident lawsuits to prove liability?

There is a multitude of ways that this evidence could be useful, but a few examples are provided below:

  • Contradicting distorted entries regarding hours of service in a driver’s logbook
  • Confirming witness testimony that the truck was speeding
  • Verifying that the truck driver did not apply the brakes prior to rear-ending another vehicle
  • Disputing the claim the tractor-trailer was at another location at the time of the collision
  • Exposing neglected maintenance and related failure of the brakes or other vehicle systems

If you have been injured in a tractor-trailer accident in Jacksonville or the surrounding areas, our Mississippi Trucking Accident Lawyers have successfully represented many victims of negligent commercial drivers and trucking companies in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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