What Is a Truck’s Black Box and How Can It Help Your Oklahoma Case?

Commercial trucks are extremely large and heavy. When they are involved in an accident, these trucks can cause severe emotional, physical, and financial hardship for accident victims and their families. After an accident, individuals are often full of anxiety and uncertainty. They also wonder whether the liable party can be held accountable.

Determining liability after a truck accident is usually very complex. Today, many commercial trucks use electronic logging devices (ELDs), and some also contain event data recorders (EDRs) or electronic control modules. EDRs and electronic control modules are commonly referred to as “black boxes,” and they can capture and store important evidence from before, during, and after an accident. Below, our Oklahoma truck accident lawyer explains more about these devices and how they can help your case.

What are truck black boxes and electronic logging devices?

Electronic logging devices collect and store hours-of-service information, while a truck’s EDR or electronic control module may store crash-related operational data.

Depending on the truck and system, available black box data may include:

• Braking patterns
• Speed
• Steering information
• Sudden deceleration or acceleration
• GPS location
• Seat belt usage

Electronic logging devices, on the other hand, record driving time and other hours-of-service information. All of this information can serve as the basis for truck accident investigations. A truck accident lawyer can work with an accident reconstruction expert and use the information obtained from the black box to identify certain factors that could have contributed to the accident.

If the information obtained from a black box shows that a truck driver was steering erratically, speeding, or otherwise acting negligently, it may help you build a stronger case.

How can a truck’s black box help your accident claim?

Black box data is an important piece of evidence when you are trying to establish negligence after a truck accident. Negligence, or carelessness, plays a critical role in proving whether a truck driver caused a crash. The information collected by black boxes can paint a picture of how the accident occurred. If the truck driver caused the crash, you must prove certain elements of your case, which are as follows:

• Duty of care: You must establish that the truck driver owed you a duty of care. Proving this element of your case can be relatively straightforward, as all motorists have a duty to operate their vehicles in a reasonable manner that keeps others safe.
• Breach of duty: You must then show that the truck driver breached their duty of care, which is much more complex. This involves proving the negligent act that caused your accident, such as speeding, distracted driving, or weaving in and out of lanes erratically. More generally, proving breach of a given duty often comes in the form of showing someone acted unreasonably or below the standard of care of someone in a similar position.
• Causation: An act of negligence on its own is not enough to establish liability against a truck driver. You must also show that the negligent action or inaction was the direct cause of the accident.
• Damages: If no harm resulted from the accident, there are no losses to compensate for, so there is no claim. You must also establish your full losses, such as medical expenses, lost income, and other losses.

Proving the above elements is a complex process. Truck drivers must comply with strict regulations at the state and federal levels. Violating an applicable regulation may help prove that the truck driver breached their duty of care and may form the basis of your personal injury claim.

Federal law generally requires commercial drivers who must keep records of duty status to use ELDs to record their hours of service. The Federal Motor Carrier Safety Administration (FMCSA) has adopted the federal hours-of-service(opens in new tab) rule to combat truck driver fatigue and help prevent catastrophic accidents on the roads. This rule outlines how long truck drivers can remain on the roads, when they must take breaks and rest periods, and the required length of those rest periods.

If ELD data shows that a truck driver exceeded their allowed driving hours or did not take legally mandated breaks, and the violation contributed to the accident, the driver and possibly their employer may both be found liable.

How to preserve a truck’s black box data

Although the information contained in a black box is often critical in an accident case, the devices are usually under the control of trucking companies. Trucking companies know that the information stored on these devices can be used against them by accident victims and the truck accident lawyers representing them.

As such, trucking companies may be hesitant to release this information. Retention periods vary by system, but motor carriers must generally retain ELD records of duty status and supporting documents for six months(opens in new tab). However, some data may be lost if a vehicle is permitted back onto the roadway after a collision occurs, resulting in the deletion of otherwise critical information.

A truck accident lawyer can help protect the information within a truck’s black box by sending the trucking company a preservation letter in the days following an accident. The letter puts the trucking company on notice of the need to preserve relevant evidence, including black box data, camera footage, and maintenance logs that could otherwise be overwritten.

How will a truck accident lawyer use black box data?

Experienced truck accident lawyers know how to use black box data in personal injury claims. When working on your case, your lawyer can use this information to:

• Recreate an accident using brake, speed, and GPS records
• Refute the trucking company’s version of events and attempts to shift blame
• Challenge or confirm the testimony of the drivers involved
• Prove that a truck driver violated the hours of service regulations
• Support the testimony of accident victims, expert witnesses, and eyewitnesses
• Support arguments of driver error or mechanical issues

When used with other forms of evidence, such as police reports and traffic camera footage, black boxes can help your truck accident lawyer create a clear picture of the crash and how it occurred.

Call our truck accident lawyers in Oklahoma today

Truck accident cases often involve complicated federal regulations, multiple liable parties, and unique types of evidence that are not applicable in other accident claims. At Biby Law Firm Injury and Accident Lawyers, our Oklahoma truck accident lawyers can take the necessary steps to obtain the important evidence for your case in a timely manner so we can leverage it in your claim. Call us now or contact us online to schedule a consultation and to learn more about how we can help with your case.