Most commercial trucks are outfitted with a black box, which those in the industry call an “electronic logging device.” This device should record data on the vehicle while it is continuously in operation.
The name “black box” comes from the airline industry. Following a plane crash, investigators search for the black box because it should contain critical data about the plane leading up to the accident. Investigators use the data to reconstruct what happened. As truck accident lawyers, we use the electronic logging device for similar reasons when building a claim for compensation.
Accident victims should hire the right Cedar Falls truck accident lawyer who understands the critical importance of this data. Call Ball, Kirk & Holm, P.C. today to speak with our firm. From offices in Waterloo and Iowa City, we service the entire state, and we can come meet you to discuss your accident in a free consultation.
What Information Does the Black Box Record?
The Federal Motor Carrier Safety Administration (FMCSA) requires that most commercial trucks have a black box installed. It will record all sorts of useful data involving:
- Braking (such as when the trucker brakes)
- Steering activity
- Speed
- How long the truck has been in motion
- Whether the trucker was using a seatbelt
How We Use This Information
Black box data is most helpful at establishing fault for the accident. We can get compensation if we prove the truck driver was careless behind the wheel.
For example, we can rely on this data to show that the trucker was speeding or didn’t brake in time. This evidence can establish the trucker was negligent, which means they would be at fault for the wreck.
Another critical piece of information is how long the trucker was driving. The FMCSA has set hours of service regulations which put a limit on how long a trucker can be on the road. Unsurprisingly, some truckers break these rules because they are in a hurry to reach their destination. But trucker fatigue is a real issue, and the black box data might show the trucker went over the guidelines. We can make a claim that their fatigue caused the collision.
Black box data can also establish something was wrong with the truck. As an example, the trucker might have hit the brakes but the truck didn’t slow down at all according to data. That type of data is strong evidence of brake defects, which could make the trucking company liable for putting a dangerous truck on the road.
Securing Access to the Data
How do you gain access to this data following a wreck? It would be ideal if the trucking company would just hand it over. Unfortunately, they have little incentive to give a victim access. That would make it easier for you to seek compensation—and trucking companies usually fight accident cases. They want to pay victims as little as they can get away with.
Helpfully, Iowa law requires that a defendant preserve evidence in anticipation of a lawsuit. And your lawyer can put them on notice to preserve the data. That’s one reason to reach out to Ball, Kirk & Holm as soon as possible. We know how to preserve the data for future analysis.
You also benefit from hiring a lawyer who knows how to interpret the data. An accident victim who represents themselves might not know what to do with this information or how to present it in a way that’s compelling.
Can You Win a Case without Black Box Data?
Yes. Although this data is enormously helpful, it is not required. We have won many accident cases without it. The current FMCSA rule to install a black box applies to drivers who must maintain driving records, as well as other vehicles that cross state lines. However, you might be struck by a commercial truck that doesn’t fall under the rule, like a sanitation vehicle or a box truck. In those situations, you’ll need to rely on other evidence to prove fault.
Some of this other evidence includes:
- Your own memories of what happened. You are an important witness who can testify about how the accident unfolded. You might remember a truck running a red light. Tell your attorney.
- Third party witness statements. Other people could have observed the accident and can provide testimony. These witnesses are often very credible.
- The defendant’s admissions. A defendant’s own words can be used to help establish fault for the crash. For example, a driver might exclaim, “I knew I shouldn’t have driven so fast!” We can use those words to help prove he was speeding.
- Dashcam or other video of the accident. Any video can help us reconstruct how the accident happened.
- Cell phone records. If the driver was on the phone, then their records might show that fact. We can seek access to these records.
- Toxicology results. Was the trucker drunk or high? They probably gave a breath or urine sample following the accident. Our law firm will seek access to those records.
- Photographs of the accident scene. The photos are a good way of helping people see the collision, in particular how the two vehicles came together.
- Inspection of the truck involved to see if there was a defect. We can then hold the truck owner liable for putting a dangerous truck on the road.
This evidence is also critical even if the truck which struck you has an electronic logging device. We always use as much evidence as we can when negotiating a claim.
Ready to Discuss Your Accident? Call Us Today
A truck accident attorney with Ball, Kirk & Holm will meet to go over the details you remember of the crash. Some people are in so much pain they can’t leave the house. That’s okay—we can come to you for a free consultation. We are always available for our clients, 24/7, and will work night and day to hold a negligent trucker or trucking company liable for your wreck.