Commercial trucks such as tractor-trailers are an important part of the economy in West Virginia and throughout the country. These vehicles, and those who drive them, deliver products people use every day. These vehicles are extremely large and, when fully loaded with cargo, they can weigh up to 40 tons. Due to their immense size and weight, transport trucks will cause some of the most serious injuries and property damage when they are involved in a crash. Quite often, these crashes are deadly for occupants in smaller vehicles.
If you have been hurt or have lost someone you love in a crash, you may be able to file a claim against the negligent parties for compensation. To file a claim successfully, you must present important evidence that proves your case. After a truck accident, the black box within the vehicle is one of the strongest pieces of evidence.
What Does a Black Box Do?
The black box in a truck is the general term that refers to several different elements in the computerized systems often installed in transport trucks. These devices monitor truck status and driver safety. Some black boxes continuously record, while others will only start recording when an accident is detected. Regardless of when a black box starts recording, the information it collects is very important.
Without evidence from the black box, it is sometimes very difficult to prove a truck driver’s liability after an accident.
There are many different types of black boxes. They include:
- Electronic control modules (ECMs): ECMs are the computers within commercial trucks that run many different systems. These modules will engage a signal when there is something wrong with the truck, while also recording information such as the tire pressure, temperature, engine speed, and battery information.
- Electronic logging devices (ELDs): ELDs are devices that track a truck driver’s hours of service. The Federal Motor Carrier Safety Administration (FMCSA) places strict rules on how long truck drivers can be on the road at one time. When truck drivers manually wrote down this information, it was easier for them to be dishonest about it. An ELD takes the task away from the truck driver to give more accurate information. This information is important, because it can provide evidence of driver fatigue as a contributing factor to an accident.
- Event data recorders (EDRs): EDRs are the most common type of black box people think of. These devices record information about a truck in the moments leading up to an accident. EDRs will typically track airbag deployment, sudden deceleration, sudden braking, and other indicators that an accident may have happened.
What Information is Stored in a Black Box?
When proving the legal elements of your claim, the information contained within the truck’s black box is very important. Once the black box is obtained, you will be able to prove the following:
- Truck activity logs by month and day
- The GPS coordinates of the truck
- The positioning of the steering wheel at the time of the accident
- Whether the airbag in the truck deployed at the time of the crash
- The speed of the truck immediately before the accident
- The number of times a trucker drove above the speed limit before the crash
- The number of times the truck was involved in a crash and the amount of time between collisions
- The oil levels and tire pressure in the moments before the accident happened
- How often the truck driver used cruise control before the crash
- Whether the truck driver was wearing their seatbelt before the accident
- How often the trucker applied the brakes before the collision
The black box within a truck may also contain communication between the trucker and the trucking company regarding the accident. For example, it may have information about the trucker’s medical condition at a certain time or information regarding mechanical problems in the truck.
How to Obtain Information from a Black Box
Unlike some accident reports, the information obtained from a black box can be submitted as evidence when filing a truck accident claim. This evidence is irrefutable because it is solid information. However, the information contained within a black box is not easy to obtain for people who are not attorneys. This is one reason it is so important to work with a West Virginia truck accident lawyer.
After a truck accident, your lawyer will send the trucking company a spoliation letter. This letter prohibits the trucking company from damaging or destroying evidence, such as a black box. If your lawyer requests the information contained within the black box and the trucking company destroys it, they may be sanctioned by the court in the future.
It is also important to have a lawyer working on your behalf because trucking companies are only required to keep the information within a black box for a certain amount of time. Often this is between 30 and 60 days, so it is important to speak to a lawyer right away after any crash.
How Black Box Information Can Help Your Case
Your lawyer will use the black box, along with other types of evidence, to prove your case. For example, most personal injury lawyers work with accident reconstruction experts who can determine how a crash occurred. The expert can analyze the information contained within the black box and apply it to what they already know about the case to reach a viable conclusion.
Truck drivers, trucking companies, and the insurance companies that represent them are all more interested in protecting their profits than prioritizing your safety and well-being. When you can obtain the information within a black box, it can help you prove your case, which can provide an incentive for the liable party to offer a fair settlement.
Our Truck Accident Lawyers in West Virginia Can Prove Your Case
Going up against the big trucking companies is not easy. At Kaufman & McPherson, PLLC, our West Virginia truck accident lawyers will fight for you. We can obtain the evidence important in your case and handle all the legal details of your claim so you can focus on making a full recovery. Call us today at 304-842-4300 or fill out our online form to schedule a free case evaluation with our attorney so we can get started on your case.
