Black box devices, also called event data recorders (EDRs), are frequently associated with planes, but they are also commonly used on large trucks. The data from these devices may shed light on the driver’s behavior leading up to the accident and help us determine negligence. If black box data exists in your case, we must obtain it.
EDR data may corroborate or contradict the truck driver’s claims after the accident. They might say they were not speeding, but the data might show otherwise. The data may also show how long the driver had been on the road and whether they were taking breaks as required by federal regulations. We may obtain EDR data during the discovery phase, but we might also need to take steps ahead of time to make sure the data is not overwritten or erased.
Get a free, confidential case evaluation by calling our Chicago, IL truck accident attorneys with the Rhatigan Law Offices at (312) 598-0014.
How Can We Use Black Box Data in Your Illinois Truck Accident Lawsuit?
EDR data may reveal all sorts of information about how the truck driver was driving and their action leading up to the collision.
Event Data Recorders and Event Logging Devices
Event data recorders record technical data about the truck and how it is operated. Data usually includes speed, braking times, and numerous points of crash data. Event logging devices (ELDs) record information about the truck driver’s work hours for purposes of legal compliance.
EDRs may shed light on how fast the truck was going and whether the driver hit the brakes during a crash. ELD data may indicate whether the truck driver was operating beyond federal hours of service limits. Both data sets may be helpful to your case.
Corroborating or Disproving the Truck Driver’s Claims
What does the truck driver say about the accident? Does the black box data support or contradict their claims? Even if the black box data does not provide hard evidence of fault, it may contradict the truck driver’s claims.
For example, the trucker may say that they were obeying the speed limit and hit their brakes as soon as the vehicle in front of them stopped. However, the EDR data might show that the trucker was speeding and hesitated to hit the brakes.
Hours of Service Violations
How long was the truck driver on the road without a break?
Federal regulations under the Federal Motor Carrier Safety Administration (FMCSA) restrict when a truck driver may begin a shift, how long they may drive before a break, and how long they must be off work before beginning a shift.
If the data recorder shows the truck driver was on the road for too long, our Illinois truck accident lawyers may argue that the driver was fatigued.
Reckless Driving
A single data point might not mean much, but the overall data set may paint a clearer picture of the trucker’s driving. High speeds, rapid acceleration, sudden braking, and speeding up and slowing down may indicate a pattern of reckless driving.
How Do We Know if Black Box Data is Available in Your Truck Accident Case?
While event data recorders are common in truck accidents, they might not be present in every single case. Event logging devices, however, are required by law. Your attorney can investigate to determine what data is available.
Discovery Phase
The discovery phase is a period during which each party must exchange relevant evidence. We and the defendant are legally obligated to exchange evidence, and withholding any evidence may result in serious penalties.
If the truck had an EDR at the time of the accident – most do nowadays – we can request the data during the discovery phase if we have not yet obtained it. The trucking company would be legally required to comply.
If the trucking company refuses, we can ask the court to order them to hand over the data. If they continue to refuse, the court may impose serious sanctions.
Trucking Company Business Records
While black box devices are common, they are not equipped on every single truck. In some cases, the device may be equipped but does not work properly, so no data was recorded.
If the trucking company is not forthcoming with information about the event data recorder, we may request copies of business records during the discovery phase. In these records, we might find information about the device, whether it was installed in the truck, and how the trucking company retains and stores the data.
If the EDR does not exist or has not recorded any data, the business records may still provide us with crucial information about the trucking company and its role in the accident.
Investigations by Law Enforcement
We might have a hard time obtaining the black box data on our own. However, the police have broad investigative powers and may obtain the device and review the data as part of an official investigation of the crash.
The data might be used to justify criminal charges against the negligent trucker, among other things. Once the police have completed their investigation, they may provide us with copies of the data that we can use to build up your civil claims.
Will Black Box Data in a Truck Accident Case Affect Your Damages?
Black box data may shed light on many areas of the case, including how we argue for damages.
Claims for Punitive Damages
To obtain an award of punitive damages, plaintiffs must prove by “clear and convincing evidence” that the defendant acted with an “evil motive” or with an outrageous and reckless indifference to highly unreasonable risks of harm and a conscious indifference to others’ safety and rights.
Black box data may reveal how the truck driver operated the truck, supporting claims for punitive damages. The data may show a pattern of very serious and concerning reckless driving leading up to the accident.
Compensatory Damages
EDR data may support various claims for compensatory damages, but this data probably would not give rise to new damages that you would otherwise be unable to claim.
Claims for things like hospital bills, property damage, lost income, and pain and suffering may be claimed whether or not EDR data is a factor in your case. Even so, the data may provide us with more information to support these claims for damages.
How Do You Analyze Data from Black Box Devices After a Truck Accident?
Analyzing black box data may require professional or expert knowledge. First, we must obtain the data, possibly through the discovery phase. We can take steps ahead of time to make sure the data is not lost. The court may order the defendant to preserve the data.
Once we have the data, we may need to hire an accident reconstruction expert to download and analyze various metrics. The data may be highly technical and difficult to understand without a qualified expert.
What if the Trucking Company Erases the Data from a Black Box Device?
If the trucking company erases or deletes the data, we can ask the court to impose serious sanctions. Neither party may destroy or tamper with evidence to gain an advantage in court. The court may penalize the defense or even instruct the jury to deliberate as if the data is available and is favorable to the plaintiff.
Get Legal Help Now by Calling Our Illinois Truck Accident Lawyers
Get a free, confidential case evaluation by calling our Evanston, IL truck accident attorneys with the Rhatigan Law Offices at (312) 598-0014.
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