When an aircraft crashes, the first thing investigators seek is the “black box” to determine the cause of the accident. Fewer people realize that tractor-trailers have similar devices. Black box evidence can be important in a claim or a lawsuit after a crash involving an 18-wheeler in Texas. Hire Ramji Law Group, a personal injury law firm, to fight for this data from the trucking company.
The black box is a complicated system involving microchips. Most big rigs built over the last three decades are equipped with Engine Control Modules (ECMs). These devices record electronic information that includes the performance of the engine, the truck’s speed, and other important data. This information is useful for an attorney who is representing the victim of a big rig crash.
What is an Engine Control Module?
Modern cars contain small computers linked up to sensors that measure airflow, air temperature, the position of the throttle, air pressure, exhaust gas temperature, and other indicators of how the car is running. The computer uses data from sensors to make small adjustments to the air-to-fuel ratio. Trucks have a similar, but more complex, set of sensors. The black box is not actually a box. It is a series of computer chips that contain information about the truck’s movements and the driver’s actions. The ECM on a truck is the vehicle’s “brain.” After a triggering event, such as hard braking, sudden stopping, or a collision, the Event Data Recorder will record ECM data or 1 to 2 minutes before and after the incident. The data it records may be invaluable after a trucking accident with injuries. Most ECM systems have an Event Data Recorder function.
How is a Truck’s Black Box Useful After an Accident?
Black boxes in commercial vehicles typically comprise two important components; the Event Data Recorder (EDR) and the Electronic Logging Device (ELD). The former records aspects of the semi-truck’s performance including speed, acceleration rate, and breaking time. ELDs record driving hours. This information may be useful to a Texas truck accident lawyer because it relates to compliance with the federal hours-of-service rules.
What Are the Legal Requirements for Electronic Logging Devices on Trucks?
The Federal Motor Carrier Safety Administration (FMCSA) has required electronic logging devices (ELDs) on trucks since 2017 on most trucks and buses. The devices ensure compliance with the hours-of-service regulations that require truckers to drive no more than 11 hours after 10 consecutive hours off duty and to not be on the road beyond the 14th consecutive hour after coming off duty. The hours-of-service rules are important because they protect other road users from crashes caused by tired truckers. By obtaining electronic logging devices from a truck’s black box, an attorney can obtain evidence of failure to comply with these regulations.
Do All Trucks Have Event Data Recorders?
Unlike ELDs, it is not mandatory for trucks to have EDRs. However, most tractor-trailers are fitted with them. The data from EDRs is useful to trucking companies in their internal accident investigations. Although regulators with the National Highway Traffic Safety Administration (NHTSA) considered a mandate in 2012, they abandoned it after finding that most light and heavy trucks were already equipped with event data recorders.
What Data is Recorded by Truck Black Boxes?
Black boxes record a wealth of information that can prove invaluable after a crash with injuries including:
When brakes were applied and the force of braking;
• Steering angle;
• Whether airbags deployed;
• Engine revolutions per minute;
• GPS location and route;
• Hours driven;
• Cruise control usage;
• Seatbelt use by the driver;
• Tire pressure;
• Diagnostics that indicate mechanical faults;
• The truck’s accident record.
Some manufacturers program black boxes to record additional data including communications between a company’s drivers or other parties such as a loading facility.
Can the Data in a Truck’s Black Box Prove Who is to Fault for an Accident?
The data contained in a black box may be invaluable after an accident with injuries or deaths. The victims of trucking accidents in Texas and elsewhere typically suffer more serious injuries than in car accidents. Truck companies fight these cases hard because they can be held liable for the actions of their drivers, pushing up the value of payouts. If you hire Ramji Law Group, a personal injury law firm based in Houston, we will seek black box data as soon as possible after a big rig crash.
Black box data can undermine a driver’s claim that he or she applied the brakes as soon as a hazard became visible because it records the time between the brakes being applied and the impact. ELD evidence can prove a driver violated the hours of service regulations indicating fatigue caused a crash.
Black box evidence can indicate a host of defects on a truck ranging from brakes to faulty tires that hold the trucking company liable for poor maintenance. Black box evidence can show a driver was speeding or skidding on snow or ice. It can prove a driver failed to use turn signals before an ill-judged lane change. This evidence is vital because it’s impartial and seldom open to interpretation.
How Texas Trucking Lawyers Obtain Black Box/EDR Evidence?
It’s important to hire an experienced trucking accident team to obtain black box evidence. The recorders legally belong to trucking companies and they may not part with the evidence without a fight, particularly when a trucker’s error caused a serious injury or a death.
In some cases, the trucking company may seek to hide or destroy important EDR/black box data to avoid its use in a personal injury lawsuit. The company may only keep the information for a short time before it’s recorded over. For this reason, you should hire a trucking accident lawyer as soon as possible after a tractor-trailer accident so as the attorney can request evidence.
If the trucking company gives up black box data, it’s accessible for parties including the police, attorneys, and insurance companies. If the trucking company refuses, the lawyer will use legal channels such as court orders and the process of discovery. Even when a lawyer obtains black box evidence from a truck accident, the attorney may need to hire a data retrieval specialist to obtain the evidence from the microchips. It’s important to talk to a law firm with experience in big trucking accident cases. Hire Ramji Law Group, a personal injury law firm, to fight for this evidence.
Obtaining black box evidence can help your case and drive up your eventual settlement. This data can be used in claim letters and is admissible in court proceedings. It will also be taken seriously by the trucking company and its insurance company, often resulting in a higher cash settlement in your case.
Call Ramji Law Group as soon as possible after a trucking accident with injuries at 713-888-8888 or contact us via our website for a free consultation.
