Black Boxes

In recent years, there has been growing pressure to use black boxes to improve safety in the commercial trucking industry, both in Michigan and across the country. These monitoring systems — also known as electronic log systems, electronic data recorders and electronic control modules systems — are implemented in tractor-trailers throughout the country. Below, our truck accident lawyers have provided an overview of the legal importance of black boxes. Download a truck’s black box data, as soon as possible following a serious truck accident. This information may likely help prove your case and discredit the defense.

Truck GPS and Black Boxes

Usually equipped with global positioning systems, truck black boxes are the main source of information about the truck and its journey, and show where the truck was before the crash. Black boxes are used to track everything from vehicle maintenance issues, like tire pressure, to truck driver performance, like sudden brake applications, speed control, following distance and exceeding regulated hours. They also contain e-mail exchanges between the truck driver and the trucking company, which in many of our truck accident injury and wrongful death cases, have led to astounding discoveries of mechanical problems, driver fatigue and admissions by the truck driver immediately after he was involved in the accident.

Obtaining Black Box Data

In any serious injury or death case involving a large commercial truck, a truck accident lawyer should send a preservation of evidence letter (also commonly referred to as a spoliation letter) via certified mail to the motor carrier, notifying them that black box data is required for litigation, and that the truck must not be moved or repaired.

It’s also important for the Michigan lawyer to retain an expert who can be present during the black box download, or to establish an agreement regarding where, how and by whom the information will be downloaded. This will help prevent any defense “mishaps” in the downloading process that could result in a loss of crucial information. In some cases, the software needed to download the data is proprietary and needs to be obtained from the manufacturer of the black box.

Black box data can be lost if the truck is driven after the crash. If the truck company refuses to preserve the data or the parties cannot agree to the terms of the download, a lawyer should file a lawsuit immediately and asking the court for an ex parte order requiring the company to preserve the truck and its black box data until an inspection can be performed.

The data that can be obtained from a black box varies from model to model, but in most instances, the computer records incidents involving hard braking, engine RPMs and whether the clutch was engaged. Many new trucks also have devices that monitor driver fatigue, assist in rollover prevention and monitor proximity to vehicles that are ahead of the tractor or in a blind spot to detect impending collisions. In order to determine what information is available, you should request the truck’s “line sheet” or “build sheet,” which identifies all of the equipment on the semi-truck when it was delivered from the manufacturer.

Using Black Box Data to Prove Your Case

Once you have the black box data, an attorney can use it in a variety of ways throughout litigation. Because there is no “one way,” experienced truck accident lawyers often disagree on the best use of the black box. Some use it during the driver deposition, while others choose to hold it for trial. However, in any deposition, a lawyer’s examination of the defendant truck driver should include eliciting detailed testimony of his or her actions at and just before the collision. Once the truck driver has given sworn testimony about his or her braking, clutch application and shifting, the lawyer can use the black box data to impeach this testimony.

The data will also be very important to the truck accident attorney’s experts. Many experts can prepare computerized animations re-creating the truck accident by using information obtained from a total station reconstruction. By combining the total station data with the information from the black box, experts can verify that the animations are accurate representations of the event. Such demonstrative aids are very persuasive and effective tools for proving liability.

The black box data can additionally be used to contradict defense experts’ opinions, by showing that their reconstructions are inaccurate if their opinions are based on assumptions that are inconsistent with the data downloaded from the truck’s black box.

How lawyers use black box data depends upon the facts and circumstances of the truck accident case, and your own creativity. Regardless, get the black box data. It is invaluable in truck accident cases.

To request a free, no obligation case evaluation with one of our Michigan truck accident lawyers, please fill out our contact form and we will respond to your inquiry within one business day. Or to speak to an attorney immediately, please call (800) 777-0028.