Truck black boxes, officially known as Electronic Control Modules (ECMs) or Event Data Recorders (EDRs), have revolutionized the pursuit of accountability in the event of vehicular accidents. Designed to record a variety of data at the time of a collision, these devices capture information such as speed, brake application, and steering angles, which is invaluable in reconstructing the events leading up to a crash. In a personal injury case involving a commercial truck, this data can be pivotal for attorneys to establish facts and determine liability.
ECM Data
The incorporation of ECM data has allowed for a more science-based approach to litigation, giving courts a tangible set of data to corroborate or refute the claims made by the parties involved. For plaintiffs, the black box data can confirm their version of the events if it shows the truck was being operated in a manner inconsistent with safety regulations or best practices. Conversely, defense attorneys may use the data to demonstrate the truck driver’s compliance with traffic laws and proper driving standards, possibly shifting liability away from the trucking company.
Obtaining Evidence
However, obtaining black box data is not without challenges. The retention period for the data varies significantly among manufacturers, and in some cases, data may only be preserved for a matter of days following an incident. Additionally, trucking companies may be reluctant to hand over this information without a court order. This necessitates prompt legal action to preserve this critical evidence before it is overwritten or destroyed. In the courtroom, expert testimony often accompanies black box evidence to elucidate the technical aspects of the data for the jury, making the role of specialist witnesses crucial in personal injury cases involving large trucks.
Your Rights
The legal landscape continues to evolve as lawmakers and regulatory agencies recognize the importance of ECMs in improving roadway safety. Lawyers handling trucking accident cases must stay abreast of the changing regulations and technological advancements regarding black box data to effectively advocate for their client’s rights and seek justice for those injured in such devastating accidents.
Contact Chris Corzo Injury Attorneys to learn how we can advocate for you.