Imagine driving on the road in Las Vegas, and a truck runs a red light. The truck slams into your car, and you have devastating injuries, including a broken back and mangled arm and leg. You may receive compensation in a truck accident lawsuit, but evidence is necessary to prove liability. You cannot be compensated for your serious injuries without proof of liability.
Black box data from the truck is a potentially important piece of the evidence puzzle. Learn all about truck black boxes below and other necessary evidence a Las Vegas truck accident attorney may use to prove liability. If your case is successful, you can receive compensation for medical bills, lost earnings, and more.
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Table of contents
- What Is A Black Box?
- How Is the Black Box Used After A Truck Crash?
- Black Box Data In Truck Accident Court Cases
- Preserving The Black Box Data Is Critical
- How Black Box Data Has Proven Truck Accident Liability
- What Causes Truck Accidents?
- What Will Your Truck Accident Lawyer Do?
- Can You Afford A Truck Accident Attorney?
- A Truck Accident Attorney is Standing By
What Is A Black Box?
A ‘black box’ is a colloquial phrase for an Event Data Recorder (EDM) or Electronic Control Module (ECM) that can record and store operational information on airplanes, tractor-trailers, and other vehicles. The black box can be critical evidence after a truck crash. Types of black boxes are:
- Event data recorder: An EDR records the truck’s performance before, during, and after the crash. Recorded information usually includes speed before impact, when and how the driver applied brakes, engine revolutions, and performance, steering wheel movements and angle, and whether the trucker increased or decreased speed during the crash.
- Electronic control module (ECM): An ECM records the overall performance of truck systems, including maintenance needs and fault codes. It also monitors fuel efficiency and usage, engine temperature data, oil pressure, etc.
A black box on a commercial truck may serve several purposes, including:
- Investigating a truck accident: After the crash, the data in the black box can be downloaded to reconstruct the incident and determine how it happened. The black box gives you and your truck accident attorney objective information that can be used to prove fault for legal and insurance purposes.
- Trucker behavior monitoring: The data recorder can monitor the driver’s behavior behind the wheel to ensure they obey traffic laws and don’t engage in reckless driving actions.
- Diagnosing faults: Truck mechanics may rely on data recorder information to diagnose and fix problems faster.
- Manage the fleet: The black boxes help managers to monitor fuel consumption and efficiency. It allows them to reduce expenses, make better fleet decisions, etc.
- Maintenance: The data recorder lets mechanics and managers monitor the truck’s health and detect problems before they lead to breakdowns and safety issues.
How Is the Black Box Used After A Truck Crash?
Black box data that is recorded and stored can be critical in investigating a crash. Some ways that a data recorder’s information can be used in a truck crash investigation are:
- Reconstructing the truck crash: The black box data gives investigators the tools to understand the big rig’s speed, operations, braking, steering, and acceleration just before the accident happened.
- Analyzing behavior: The ELD and ECM log the driver’s behavior and ensure they follow hours of service rules overseen by the Federal Motor Carrier Safety Administration (FMCSA). Analyzing driver data over time can pinpoint patterns, including speeding, hard braking, and driver distraction.
- Determining liability: The data record information provides evidence for insurance and court cases to show if the trucker is liable for the accident. For example, the black box may show that the driver’s speed and direction varied wildly just before the accident, which can indicate distraction, drowsiness, or intoxication.
- Making insurance claims: The black box data is important for insurance claims after the crash. The data shows how the crash happened and prevents false claims.
- Investigating mechanical failure: The data recorder may show fault codes that reveal mechanical issues and failures that contributed to the accident. This data can also be used to check whether the truck was maintained correctly.
- Enforcing regulatory compliance: The data also ensures that the carrier and trucker are adhering to state and federal laws, especially those related to hours driven, vehicle maintenance, and driving hours.
Data recorder information often plays a vital role in a truck accident investigation. The black box provides reliable, objective information about the truck’s operation, the trucker’s driving, and critical data about the accident. Your truck accident attorney may hire accident reconstruction experts and engineers to analyze the data to prove how the crash happened.
Black Box Data In Truck Accident Court Cases
Data recorder information is usually admissible in court. However, admissibility depends on several points:
- Is the data relevant? The data has to be related to the accident case. It must provide information that proves facts related to the truck accident.
- Is the data authentic? The attorney presenting the data must prove that the data is genuine. It means showing that the black box data is what they say and was collected from the truck in the accident.
- Is the data reliable? The data has to show that the recorder was correctly installed and working when the crash happened.
- What is the chain of custody? The plaintiff must show a clear chain of custody from when the data is taken from the recorder until it is shown in court. It proves that the data was not altered.
- How was the data obtained? The way the data was obtained from the record must be according to the law. It can be deemed inadmissible if taken without legal authorization or violated privacy laws.
If the black box meets the abovementioned criteria, the data can offer vital evidence to prove fault in a truck accident. The data can provide critical proof about truck speed, braking, steering, and other driving behaviors relevant to the accident.
Preserving The Black Box Data Is Critical
After a truck crash, preserving the black box data is vital. It’s the only way to ensure the data can be used as evidence in your claim. Anyone who can access the black box can overwrite or erase the data from the accident. The information also can be corrupted over time. The carrier may not be required to keep the data forever, so you should promptly retain a truck accident attorney to preserve the information.
What happens if the black box data isn’t preserved? Suppose you delay hiring a truck crash lawyer, and the carrier deletes the crash-related data. What then? The loss of the black box data can damage your ability to prove crash liability. Without the important data, proving how the accident happened is harder. Your attorney also will have difficulty showing any wrongdoing by the trucker or carrier.
Partner promptly with a truck accident attorney to preserve the data recorder’s information after the accident.
How Black Box Data Has Proven Truck Accident Liability
Legal cases have used Black box data countrywide to prove fault after truck crashes. For example, in a truck crash that killed someone in a passenger vehicle, the recorder was used to show that the driver was speeding and didn’t brake before the accident. It proved the trucker’s negligence and led to a favorable settlement.
In another truck crash, black box data proved that a driver had violated the HOS rules and didn’t rest as he was supposed to. It led to a fatigue-related accident, and the jury found in favor of the plaintiff.
What Causes Truck Accidents?
Truck crashes occur for many reasons, and truck driver error is usually a factor. Black box data often shows that truck accidents are caused by:
- Trucker fatigue: Truck drivers are often paid per mile, so they may drive beyond when they should. All commercial truckers must follow hour-of-service regulations, and if they drive too long, fatigue can cause a crash; your truck accident attorney and the experts they hire can inspect the black box data to find information that indicates the driver was sleepy at the time of the accident.
- Speeding: Driving too fast causes many truck crashes. Trucks are large and heavy, and going above the speed limit means it takes longer to slow down. The data recorder can be checked to see if the driver was speeding before the accident.
- Improper load: The cargo may have been loaded improperly, leading to an imbalance or overweight issue that contributed to the accident.
- Distracted driving: Truckers may look at their cell phone or GPS when driving and cause an accident. The black box information may show if the driver’s speed or direction was erratic, which can suggest distraction.
- Improper maintenance: Truckers and employers must inspect and maintain their rigs. ECM data can be reviewed to show if mechanical issues were related to the accident.
- Drunk or drugged driving: Truckers may drink or use drugs while driving, which can cause severe and fatal accidents. The black box can show if the driver was driving erratically, which can suggest driving under the influence.
A truck accident attorney can review the black box data to determine the potential cause of the accident. This information can be used to persuade the insurance company or jury to compensate you for your injuries fairly.
What Will Your Truck Accident Lawyer Do?
Truck crashes are usually more complex than other motor vehicle collisions. There may be more than two vehicles, several responsible parties, and more than one person injured. Investigating a truck accident and proving liability without an attorney can be challenging. You should retain a truck accident attorney to do the following in your case:
- Collect critical evidence from the crash scene: This information may include the police report, black box data, surveillance footage of the accident, video and photos of the crash scene, eyewitness statements, etc.
- Ensure that you receive prompt medical care and that your injuries are connected to the truck accident. The insurance company will try to argue that your injuries aren’t as severe as you say or are unrelated to the accident.
- Accurately estimate your medical bills, lost earnings, mental anguish, and pain and suffering. Truck crash injuries can cause extraordinary losses, and you will need the most compensation to recover fully.
- Obtain all records related to the trucker, employer, maintenance, and more to determine who caused the accident and why.
- Negotiate with insurance companies to obtain the most money for your losses. Trucking insurance companies will offer low settlements if you don’t have a lawyer. Your truck accident attorney knows how to negotiate with insurance companies.
- Determine if there was more than one liable party: Many truck crashes are caused by various parties, such as the trucker, employer, maintenance company, another driver, vehicle defect, and more. It takes a skilled and experienced truck accident lawyer to sort out liability for the accident. You need to hold all liable parties accountable because more insurance money is available for your losses with multiple negligent people and entities.
You should not try to negotiate a truck accident settlement without a personal injury attorney. Trucking insurance companies take advantage of accident victims without a lawyer, so don’t let it happen to you.
Can You Afford A Truck Accident Attorney?
Yes! Truck accident lawyers are compensated from the money you receive after a settlement or lawsuit. There are no out-of-pocket legal costs. Most personal injury attorneys receive 33 percent to 40 percent of the money you receive at the end of the case. Usually, legal expenses for the case, such as hiring expert witnesses, are also taken from your settlement or verdict funds. You don’t have to worry about being able to afford a truck accident attorney.
Your attorney receives more compensation for getting you more money. This financial arrangement works for both sides, so you should promptly retain a truck accident attorney.
A Truck Accident Attorney is Standing By
Did a negligent truck driver seriously injure you in a truck crash? The trucking company and insurance provider will tirelessly undermine or deny your claim! You need a skilled truck accident attorney to gain access to the black box data and other necessary evidence after a truck crash. Speak to a Las Vegas personal injury attorney today in a free consultation. If your case qualifies, you can receive compensation for your economic and non-economic damages.