Proof of fault is a pivotal factor in all truck accidents. Without it, motor vehicle accident victims might not recover significant compensation. Thankfully, technological advances provide new ways to gather critical evidence.
Consider how truck accident investigations work with evidence from event data recorders (EDRs), commonly known as black boxes. These devices can capture critical data during a large commercial truck’s operation. At Hill & Moin, we understand their role in determining liability in truck accident cases.
Hiring one of Hill & Moin’s truck accident attorneys is like entrusting your legal claims to a caring family member. We invite you to schedule a free consultation to learn how black box data affects truck accident claims. Contact our New York team at (212) 668-6000 at your earliest convenience.
How Black Boxes Work
Black boxes combine hardware and software to record data. They connect to the truck’s engine or other systems. A thorough truck accident investigation relies on these metrics to determine what happened before, during, or after a crash.
Over 90 percent of new cars and trucks sold in the United States come equipped with black box technology. The following section will discuss the use of EDRs in most commercial trucks.
What EDRs in Commercial Trucks Record
The data available for a truck accident investigation depends on the year, make, and model of the commercial vehicle. According to the National Highway Traffic Safety Administration (NHTSA), the details recorded by an EDR could include those described below.
Pre-crash vehicle dynamics and system status
EDRs could record details about the vehicle’s operation and the events leading to a truck crash, namely:
- Whether it was on or off
- If it was traveling faster than the speed limit
- Whether the brakes were applied
- If warning lights (e.g., check engine, low oil or tire pressure, brake system issue) were activated
Yet, driver error is behind many truck accidents. When responsible parties deny reckless driving practices, black boxes can make all the difference.
Truck driver inputs
Yes, EDR systems can record driver behavior, such as what happened before the accident occurred:
- Engaging the gas or brake pedals
- Turning the steering wheel
- Using turn signals
These inputs are invaluable to legal proceedings. They show how the at-fault party reacted to the impending accident.
For instance, if the negligent parties deny that driver fatigue contributed to the truck accident, EDR data might indicate otherwise. In automated driving systems (ADS) cases, black box data could reveal if a truck driver maintained control of the vehicle before, during, and immediately following a collision.
Vehicle crash signature
The severity of a collision correlates with factors such as:
- The intensity (i.e., how hard the vehicle was hit)
- The point of contact
- The direction from which the impact originated
The vehicle crash signal records the pattern of damage created in a collision.
Restraint usage
Wearing a seatbelt is a simple and effective way to prevent serious injuries. In New York, law enforcement officers can issue traffic tickets for unbuckled drivers and their passengers in all seat positions. A black box can reveal whether seat belts were in use at the time of the crash.
New York also practices a legal principle called comparative negligence. If the actions of accident survivors contributed to the accident, their compensation from the insurance provider is reduced by their percentage of fault. Since seatbelts reduce severe injuries and deaths by half, failing to use them could significantly impact truck accident claims.
Airbag deployment status
National Highway Traffic Safety Administration (NHTSA) research estimates that frontal airbags saved more than 50,000 lives over one 30-year span. They deploy during moderate to severe crashes.
Most passenger vehicles have front and side airbags as standard features. Heavy-duty vehicles, like semi-trucks, are not always equipped with these safety components. Drivers may also have the option of turning off or deactivating bags.
These safety restraints usually have an airbag control module (ACM). This device decides if and when to deploy an airbag and log data. To prevent airbag deployment in minor truck accidents, they are generally programmed to record data and deploy airbags only when the impact exceeds a specific vehicle speed and force.
Post-crash data
Did the safety systems activate? What areas of the vehicle sustained damage? A black box can provide insight into vehicle safety responses after a crash.
For example, seat belts tighten during collisions to secure occupants in their seats. Removing the slack optimizes protection from airbags and reduces the risk of injury. An EDR can record if these safety features are engaged and work properly.
How to Access Black Box Data for a Personal Injury Claim
Modern commercial trucks have numerous computerized systems that monitor and control:
- Restraint devices
- Traction and stability
- Anti-lock brakes
- Engines
For instance, an engine control module (ECM) might record and store data related to speed and braking. Yet, the device was designed to monitor engine performance rather than to establish liability.
Therefore, extracting and interpreting black box data requires expertise. Retrieving and analyzing black box data requires proper training and equipment. Our clients value Hill & Moin’s commitment to gathering valuable evidence like black box data to build strong truck accident claims.
Yet, the complex process of using black box data is not without challenges.
Storage
Electronic logging devices do not record continuously due to storage capacity and limited memory. Most are triggered by a specific type of event in the truck’s operation.
Suppose a passenger vehicle strikes another car. The impact deploys the airbag, prompting the EDR to store and retain data for analysis.
However, the black box data might differ if the same accident happened between a commercial vehicle and a passenger car. Relatively small impacts for a truck might not trigger EDR recording, but the same impact might be large enough for a passenger car’s black box to gather and save data.
Also, since event data recorders have a low storage capacity, they do not record long periods of time or save data forever. Accident reconstructionists might rely on a few seconds’ worth of data to draw conclusions about how the event took place.
Federal regulations and privacy laws
In lawsuits, retrieving a truck’s black box data requires following strict procedures. First, lawyers must respect privacy laws and federal regulations. Recorded information could include sensitive details about vehicle use and personal actions.
Also, manufacturers protect EDRs so unauthorized people cannot tamper with or gain access to data. These safety regulations ensure that the data remains intact and reliable. However, these safeguards can make it difficult for victims to access black box data.
An experienced truck accident attorney knows how to legally obtain black box data so it can be admitted into court proceedings. He or she will understand both the technical and legal processes involved, ensuring the information supports the client’s case.
Urgency
Black box data can be a game-changer for accident cases, offering precise details about what happened during and after a crash. It is often the missing puzzle piece to securing fair compensation for victims. Yet, prompt legal action is essential to prevent the data from being lost, overwritten, or altered.
Your truck accident lawyer can take steps to obtain black box data from the trucking company and maximize its impact, including:
- Filing an evidence preservation demand to legally require the trucking company to retain black box data for the truck accident investigation
- Enforcing cooperation if trucking companies fail to comply with demands
- Gathering witness statements and medical records to corroborate black box data from the accident scene
- Consulting accident reconstruction experts to make black box data understandable for the judge and jury
- Communicating and negotiating with insurance companies
Taking these steps is critical to safeguarding the integrity of the evidence.
Secure Truck Accident Attorneys Who Care
When a truck accident occurs, black box data contributes to a clear picture of the event. Yet, acting quickly is crucial if you want these resources to benefit your truck accident investigation.
Our New York team takes decisive steps to protect black box data and seek compensation for our clients. Yet, you must act to get the legal guidance you need.
Discover how the Personal Injury Recovery SolutionsⓇ we offer can help you. Schedule a free consultation today by calling our representatives at (212) 668-6000.
Don’t wonder about your rights!