Black Boxes & ELDs in Texas Truck Accident Cases

Black Boxes & ELDs: Their Impact on Texas Truck Accident Claims

Got in a UPS, FedEx, or 18-wheeler truck accident in Texas? Every day, commercial trucks carry thousands of tons of cargo over Texas roads and highways. These large, heavy 18-wheelers can cause catastrophic harm if they crash at high speeds. Truck accidents can cause property damage, serious injuries, and fatalities that lead to crippling personal losses. To secure compensation, victims must prove that negligence led to their injuries, which means they need evidence that shows who’s at fault.

The laws that determine responsibility in trucking accidents can be complex, but when you have factual information that supports your case, it’s possible to recover damages. Accessing a truck’s black box, which contains data about the truck’s activity before the accident, can significantly improve your chances of winning your case if the driver, trucking company, or truck manufacturer is to blame for the collision. Your truck accident attorney should gather and analyze this evidence right away to safeguard your claim.

What Is a Black Box in a Commercial Truck?

Most large commercial trucks and tractor-trailers are fitted with devices called “black boxes,” which is a catchall term for computerized systems like event data recorders (EDRs,) engine control modules (ECMs,) and telematics systems that track and record important information about the truck’s activities. Black boxes may capture data about a truck’s speed, brake usage, engine performance, travel time, steering wheel movements, tire pressure, and more, depending on their design. It can also show evidence of maintenance alerts, engine performance issues, or mechanical system failures. This information can partially represent the driver’s activity and the truck’s operations in the moments prior to, during, and following an accident. Investigators can use black box data to reconstruct the events that led to the crash and determine what caused the collision. The data can also reveal whether the truck was operating safely and in compliance with federal and state regulations.

It’s worth noting that most black boxes do not record data continuously while a truck is operating. EDRs, for instance, may record specific data points about throttle use, vehicle speed, brake activity, and driver inputs when they are triggered by a sudden event. Some EDRs might only record a few seconds of data prior to impact, while other models can store data collected before, during, and after the collision.

What Is an Electronic Logging Device (ELD)?

An electronic logging device (ELD) is a piece of computerized hardware that connects to a truck’s engine to record drive time and hours of service (HOS). It also captures data on the truck’s movement by recording its ignition status, GPS location, and number of miles driven. The ELD facilitates fleet compliance with Federal Motor Carrier Safety Administration (FMCSA) requirements by sharing HOS information with drivers and dispatchers. Its fleet management software can send data to a central location in real time, generate duty status logs, and push them to mobile apps so drivers can view and track their hours. The system is synchronized so that fleet managers can track and analyze ELD notifications and reports. Barring a few exceptions, any driver who is on the road for more than eight days a month must keep Record of Duty Status (RODS) logs and use an ELD.

Why These Devices Are Crucial in Texas Truck Accident Lawsuits

When a large truck crashes, black box and ELD data often serve as the most factual and objective evidence available for settling legal disputes in truck accident cases. Black box and ELD data describe what the driver was doing or what equipment was malfunctioning at the time of the collision. This data can prevent an employer from reframing or misrepresenting what transpired during that time. It can also show whether the driver was speeding or violating any traffic laws when the crash happened and reveal whether these actions caused the crash. When this data supports eyewitness testimony, physical evidence, and photos, videos, and police reports made at the scene, it becomes much easier to prove that a driver or trucking company is responsible for the crash. As a result, victims have a greater chance of receiving fair compensation for their injuries and other accident-related damages.

To protect their business, trucking companies will frequently try to minimize the significance of an accident involving their drivers. They typically send lawyers and insurance response teams to the crash scene right away to protect their interests.

Federal and Texas laws control how trucking companies should maintain black box and ELD data, who can see it, and whether it is admissible in court. However, since black box data is the trucking company’s property, there are times when it gets erased before legal action is taken, so that evidence of the trip history is permanently lost. A capable truck wreck lawyer will compel the trucking company to preserve relevant data without tampering with it and increase the odds of winning your case.

How Quickly Must This Data Be Retrieved?

Texas law says that truck accident victims must file personal injury claims within two years from the date of the crash; however, this does not mean that they should wait to gather evidence to support their case. Acting quickly to acquire black box and ELD data, plus other supporting information, is key because this evidence can easily disappear. Typically, trucking companies will not provide black box or ELD data unless a victim’s lawyers or a court compels them to do so.

FMCSA regulations require trucking companies to keep black box data for 60 days to ensure that it’s available for investigations. In Texas, trucking companies are legally obligated to maintain black box and ELD data for at least six months after an accident, but they may not release the data without a legal request or a court order. Furthermore, if victims fail to act quickly to inform the trucking company about the crash, they risk losing access to the data. Since black box and ELD systems vary in the way they store information, if a trucking company fails to copy over or make a backup of the data on the device, it’s easy for it to get lost “accidentally” unless a truck crash lawyer establishes a legal hold. Without a record of notification, the trucking company could overwrite or erase the data, claiming they had no knowledge of a need to preserve it. If they sell or junk the truck with the black box in it, the data could be lost forever.

How Is the Data Used in a Legal Case?

Black box and ELD data in a commercial truck can be key to proving fault in a truck accident case and collecting subsequent damages. Trucking companies, experts, or investigators can download or copy black box or ELD data and view it with specialized software. After a truck wreck attorney acquires and reviews the data or passes it on to investigators, they can use it to reconstruct accidents, identify negligence, determine fault, and establish liability. Combining black box and ELD data with supporting evidence allows courts to develop an understanding of how the collision occurred and refute any erroneous claims made by a truck driver, insurance company, or trucking company. By providing courts with a clear picture of responsibility, a truck accident lawyer can potentially secure a fair settlement quickly.

Can You Access This Data on Your Own?

Typically, truck accident victims must hire a truck accident attorney to access black box or ELD data. A commercial truck accident attorney can send a formal request for information to the trucking company or their insurance carrier. They can also ask a court to order the trucking company to comply with their request. Also, note that black box and ELD data are not useful to accident victims unless they’re properly gathered, extracted, and interpreted to be admissible in court.

What to Do If You’re Involved in a Truck Accident

A truck crash can cause terrible trauma, injuries, pain, and financial burdens on the parties involved, but with the right help, recovery is possible. If you’re involved in a truck wreck, there are steps you should take right away to protect your rights. As we explain below, taking action can help you safeguard your well-being and collect the damages you deserve.

Call Emergency Services

If you are physically able to do so, check yourself and anyone else on the scene for injuries, and verify that the accident scene is relatively safe. Once you’re out of immediate danger, call emergency services at 911 right away. If possible, move your vehicle to the shoulder of the road and turn on your hazard lights. You should also take photos of and make note of your injuries while you wait for help to arrive.

Seek Medical Care Immediately

After a truck crash, you should seek medical attention promptly, even if you think you’re fine. Truck crashes can cause hidden injuries that take time to surface as well as internal damage that could prove fatal if it’s left untreated. A doctor’s examination will establish your medical status, and their report can serve as evidence in your court case. You will need to make follow-up visits to document your recovery.

Notify Law Enforcement

When you’re involved in a truck wreck, calling 911 will alert law enforcement about your accident. When the police arrive, stick to basic facts when you speak and avoid making any admissions of fault that could be used against you. Ask when you can obtain a police report from the officers on the scene; you can use this official record to support your insurance claim and legal claims.

Exchange Contact Information

Before you leave the accident scene, exchange your contact and insurance information with the truck driver and get their license plate number. You will need this information to file claims.

Gather Evidence

Take photos or videos of the crash site and record eyewitness accounts of the accident. Do your best to capture visual and audio footage that can be clearly understood and easily preserved; the information you gather could serve as valuable evidence in your legal case.

Contact Your Insurance Company

To avoid complications when you seek compensation, contact your insurance company as soon as possible to report the accident. Your agent will make note of the event and guide you through the claims process.

Contact an Experienced Commercial Truck Accident Lawyer

When you’re involved in a truck crash, contacting a truck crash attorney right away is key to protecting your rights. An experienced commercial truck accident lawyer can help you gather the evidence you need to win damages and navigate any legal complications that arise. Your lawyer can also negotiate with insurance companies and work within the court system to ensure you get the compensation you deserve.