NC Truck Accident Lawyer Advice on Crash Investigation

What a Black Box Download Reveals to Aid Victims in a Truck Accident Case

In the aftermath of a truck accident, uncovering the truth is paramount to securing justice and collecting full compensation for truck crash victims.  As a former insurance company lawyer who defended truck drivers and trucking companies, I assure you that a victim’s case will be better respected and more generously paid if the truck accident victim and their attorney show mastery of all trucking laws, and undertake steps to conduct a thorough investigation of the truck crash.  By gathering and highlighting all evidence to show truck driver error, we confirm for the opposition that the truck crash victim stands ready to win big in court.  Most NC truck accident injury cases settle, but the settlement will be generous and proper only if the insurance carriers and trucking company believe you will prevail at trial.

One crucial piece of evidence that can shed light on the events leading up to the accident is the data retrieved from the truck’s black box, which is also commonly known as the Event Data Recorder (EDR). This article explores the significance of a black box download in truck accident cases and how it can assist victims in their pursuit of property damage and personal injury claims arising from a commercial truck accident.

Understanding the Black Box

The black box/EDR installed in tractor-trailers and most commercial trucks serves a similar purpose to those found in airplanes. It records essential data leading up to and during an accident, providing critical information about the truck driver’s actions and the truck’s performance before and during a truck crash.  While the specific data points recorded may vary depending on the make and model of the truck, typical information produced by a black box download includes speed, braking patterns, steering input, engine performance, and even the conduct and input of the truck driver.

Key Insights Revealed

1. Speed and Acceleration: The black box data will show the exact speed of the truck leading up to the accident, including sudden accelerations or aggressive braking. The data also typically indicates the extent of throttle and braking input, showing how hard the driver was applying gas or brakes.  This information can help determine if the truck was traveling above the speed limit or if the driver abruptly changed speed, potentially contributing to the collision.  Sudden change in speed at the point of impact (often referred to as “Delta V”) also shows the force of the collision and the trauma endured by truck crash victims.
2. Braking Patterns: Analysis of braking patterns can indicate whether the driver attempted to slow down or stop the commercial truck before the truck accident occurred. Sudden or excessive braking could suggest negligence or insufficient reaction time, while a lack of braking might indicate other factors at play, such as driver distraction, driver fatigue or mechanical failure.
3. Driver Actions/Behavior: Most black boxes are equipped with sensors that detect driver actions, such as steering inputs and seatbelt usage. This data can provide insight into the driver’s attentiveness and adherence to safety protocols leading up to the accident.
4. Maintenance Issues: In addition to recording real-time data, black boxes often store diagnostic information related to the vehicle’s mechanical condition. Detecting any pre-existing maintenance issues or malfunctions can be crucial in determining liability, especially if the accident resulted from mechanical failure.  Fault codes can also show that mechanical defects existed for a long period of time, offering proof that the truck driver or the trucking company failed to properly maintain the commercial vehicle.

Supporting Evidence in Legal Proceedings

The data retrieved from the black box serves as objective evidence that can corroborate or refute witness testimony and other accounts of the accident. By presenting this information in court, victims and their attorneys can strengthen their case and establish a clear narrative of what transpired.

Challenges and Considerations

While black box data can be extremely helpful in reconstructing the events leading up to a truck accident, accessing and interpreting this information may present challenges. Trucking companies and the tractor trailer insurance companies often attempt to withhold or manipulate the data to protect their interests, emphasizing the need for an aggressive NC truck accident lawyer who can help to compel access to the truck for inspection and data downloads, and who can retain and advance the cost of hiring crash reconstruction experts on behalf of the truck crash victim.

It is also wise to consider whether a black box download should occur in a particular case.  Our truck accident law firm advances the cost of retaining collision reconstruction engineers, and the expense is typically a small and very wise investment in the proper development of a tractor-trailer crash injury case.  However, there are two scenarios that arise where a black box download may not be necessary.  First, low force truck collisions often occur which result in rather conservative injuries, such as a minor whiplash injury or modest bruises and soreness that resolves after several weeks.  In these cases, the likely verdict range is not high enough to warrant spending hundreds or, in many cases, thousands of dollars on professional crash reconstruction.  Further, if liability is accepted and the injuries are conservative, the black box download data will not be necessary evidence in settlement talks or at trial.

The second type of case where it might be wise to skip a download is the case where the victim would not want to provide black box download access for their own vehicle.  When we ask for an EDR download for a commercial truck, defense counsel often replies by asking for a download of the black box (electronic control module) on our client’s vehicle.  Modern private passenger cars also have black boxes which show pre-crash and post-collision data.  In North Carolina, if a driver is just slightly at fault for causing an accident, they have no claims.  1% fault bars recovery (although there are a couple of technical exceptions).  If it appears that the victim may have been speeding and we prefer not to have clear/documented proof of this fact, and if the Police Report seems to clearly show the commercial truck driver to be solely at fault, we sometimes skip a truck download to avoid inviting a download of the victim’s vehicle.  This is a case-by-case decision and is often a very difficult tactical choice to make.

Conclusion

Due to the size of tractor-trailers and commercial trucks, truck accident victims often endure serious injuries and significant financial losses.  In the pursuit of justice and full compensation for victims of tractor-trailer and commercial truck accidents, the data obtained from a black box download plays a pivotal role. By revealing hard data that provides critical information about vehicle dynamics, driver behavior, and maintenance issues, black box data can help establish liability and allow us to secure maximum payment for our clients’ injury claims.   As technology continues to advance, collecting and leveraging this evidence becomes increasingly essential in protecting and enforcing the legal rights of those affected by truck accidents.

Even if you prefer not to retain counsel, tractor-trailer crash victims should always speak with an experienced NC truck accident lawyer as they seek to protect and enforce their rights, and as they decide whether to secure an inspection of the truck or tractor-trailer and conduct a black box download.

Carl Nagle and our trial team focus on commercial vehicle accident cases.  Carl formerly worked for a large national insurance carrier, defending truck accident cases on behalf of the truck driver and the trucking company.  Our  Raleigh truck accident lawyer knows how to build your strongest case, and he stands ready to provide your best plan of action!  Please call and ask for him if you need help with a North Carolina truck accident case.