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.