After a truck crash, the vehicles are moved, the roadway is cleared, and the trucking company begins its own investigation. Meanwhile, electronic systems inside the truck may hold a second-by-second record of what happened. If that information is not preserved quickly, it can be overwritten, lost during repairs, or become harder to retrieve.
What Is a Truck’s “Black Box”?
“Black box” is an informal term for electronic systems that store information about a commercial truck’s operation. Unlike an airplane’s flight recorder, a truck may contain several systems that collect different types of data.
An engine control module, or ECM, manages engine performance and can record information surrounding a sudden stop or collision. Depending on the truck and its equipment, stored data can include:
- Vehicle speed
- Brake application
- Throttle position
- Engine speed
- Cruise-control status
- Sudden changes in speed
- Mechanical or diagnostic fault codes
Commercial trucks often also carry electronic logging devices, onboard cameras, GPS systems, and fleet-management software. An electronic logging device primarily tracks the driver’s duty status and hours of service. Telematics systems often hold location, route, speed, and dispatch information. The available records vary by truck, manufacturer, carrier, and system settings.
How Can Black Box Data Help Explain a Crash?
Truck accidents often produce conflicting accounts. A driver may say traffic stopped without warning, while a witness believes the truck was speeding or never braked. Electronic data offers another source of evidence.
For example, the records could show the truck’s speed before impact, when the brakes were applied, and whether the driver reduced the throttle. Investigators compare this information against skid marks, vehicle damage, video footage, witness statements, and the police report.
Electronic records can also reveal issues that are not obvious at the scene. Driver logs can help determine whether the driver exceeded federal hours-of-service limits and what rest periods were recorded. Diagnostic codes and maintenance records can point to brake, engine, or other equipment problems.
However, black box data does not decide who was legally at fault. It must be properly collected, interpreted, and considered with the rest of the evidence. Still, it can support or challenge what the parties say happened.
Why Can This Evidence Disappear?
The trucking company or another business often controls the truck and its electronic records. Some systems store only a limited amount of information and overwrite older data as the truck continues operating. Data is also at risk when a truck is repaired, placed back into service, sold, salvaged, or its electronic components are replaced.
Other relevant evidence faces similar risks. Dashcam video may be recorded over, surveillance footage deleted, and digital dispatch or location records retained for only a limited period. Federal rules require carriers to retain certain hours-of-service records and supporting documents, but those requirements do not guarantee that every piece of evidence relevant to a particular crash will remain available indefinitely.
What Does an Evidence Preservation Letter Do?
An attorney can send a preservation letter directing the trucking company to protect relevant evidence, including ECM data, electronic logs, onboard video, driver communications, and maintenance records. The letter does not give the injured person immediate access to this information, so formal discovery or a court order may still be necessary. However, it puts the company on notice that the evidence should not be altered or destroyed.
Other Evidence Should Be Preserved Too
Electronic truck data is only one part of the investigation. Photographs, witness information, medical records, cargo documents, driver qualification files, cell phone records, and the trucking company’s safety policies often matter too. Starting early gives an attorney more time to locate and protect these sources before memories fade or records disappear.
Contact David After a Truck Accident
A commercial trucking company can begin protecting its interests immediately after a crash. Those injured in a trucking accident should have the same opportunity. David E. James investigates serious commercial motor vehicle wrecks and works to preserve the electronic and physical evidence needed to evaluate what happened.
If you were injured in a truck accident, contact David promptly. Early action can help preserve black box data before valuable evidence is lost.