Truck Accident Lawyer Virginia Beach
A black box is a storage device for digital data about actions the driver took in the moments leading up to an accident. If you were injured in a collision by a tractor-trailer, the big rig’s black box may help you prove your personal injury claim. If prompt action isn’t taken to ensure the preservation of this data, it could be overwritten or “lost” by a trucking company that wishes to avoid liability for the crash.
At Shapiro, Washburn & Sharp, our Virginia Beach truck accident lawyers know how vital the data from a truck’s black box can be in determining liability after an accident and how to protect your rights. It takes a skilled lawyer with the right experience and the right connections to obtain, interpret, and decipher the data provided by the trucking company. Call us today to schedule a free consultation.
What Do Black Boxes Do?
Similar to those in airplanes, commercial tractor-trailers are equipped with event data recorders, which are devices that constantly record and monitor details regarding the truck’s operation. Contemporary EDRs log a wide range of data that helps to create a detailed image of the events that took place in the moments before the accident.
Data typically recorded by event data recorders includes:
- Average speed/Highest speeds (per trip)
- Total time driven
- When and for how long the brakes were applied
- How often the driver was too close to the leading vehicle
- Any sudden decelerations or accelerations
- Whether or not the driver was wearing their seat belt
Some of the more advanced black boxes can also record cruise control settings, throttle position, engine RPM, and whether or not certain safety systems, such as anti-lock brakes, were engaged.
This enormous amount of information makes it possible for an accident reconstructionist to construct a detailed timeline of what occurred. For example, black box data might indicate that the truck operator did not step on their brakes until one second before the collision took place, which could suggest driver fatigue or distraction. It could also show that the operator was traveling at 80 mph in inclement weather when other motorists in the area had slowed to 35 mph.
Do Federal Regulations Govern Black Box Data?
The Federal Motor Carrier Safety Administration mandates that most commercial tractor-trailers be fitted with electronic logging devices, which monitor a driver’s hours of service and other related information. An ELD, however, generally records less comprehensive data than an electronic data recorder.
Both of these devices are required to adhere to precise technical standards as well as be capable of monitoring and documenting specific data sets. While commercial truck operators are expected to properly maintain these devices, they are not expected to conserve the recorded data forever. This is why prompt legal action is so essential in Virginia Beach truck accident cases.
How Can I Obtain EDR Data to Use as Evidence?
Multiple hurdles are usually involved when it comes to getting your hands on black box data. Most electronic data recorders only store information for somewhere between 30 and 60 days before it is recorded over. The data is also usually password protected, meaning it requires special software and technical know-how to access. Sometimes, truck companies try not to provide access to the black box, such as by arguing that the recorded data is proprietary information or by utilizing other legal maneuvers in an attempt to shield it and dodge liability.
At this point, working with a skilled Virginia Beach truck accident lawyer is essential. At Shapiro, Washburn & Sharp, our attorneys take immediate action to protect black box data by:
- Issuing detailed spoliation letters to the trucking company, insisting on the preservation of all electronically recorded data before it can be overwritten, deleted, or even altered.
- Filing for temporary restraining orders via emergency motions
- Employing skilled technical professionals who can access, download, and interpret the black box’s data
- Addressing any confidentiality or trade secret concerns
- Ensuring the proper chain of custody is maintained and documented
How Does Black Box Data Pair With Other Types of Evidence?
Black box data works best when it is combined with other types of evidence to build a strong injury claim and prove what caused the accident. Other types of evidence often include:
Cell Phone Records
When cell phone records showing the truck operator was texting are paired with black box data that revels sporadic speed and lane changes in the moments before the collision, they become even more damaging.
Witness Testimony and DashCam Video
When black box data information is combined with eyewitness testimonies and dashcam footage, it can help you challenge the defense’s claims, and prove your version of events.
Reckless Driving
When inclement weather is involved, for example, data showing that the truck operator continued traveling at highway speeds despite decreased visibility can be integrated with pictures of the scene and weather reports to prove reckless driving. This combination of evidence forms a convincing narrative that will be hard for insurers to deny.
Location Tracking
The truck’s GPS data may be cross-referenced with black box data to establish the vehicle’s movement patterns and exact location. This could help show that the truck operator violated company safety policies or broke traffic laws.
All We Do Is Injury Law
If you were injured in a trucking accident through no fault of your own, our lawyers can answer any questions you may have, help you file your claim, and negotiate a fair settlement for your damages. That is exactly what we did for one family when we secured a $3.5 million wrongful death settlement for the daughter of a man who died after a flatbed truck driver rear-ended his vehicle.
The experienced Virginia Beach truck accident lawyers at Shapiro, Washburn & Sharp understand how difficult life can be following a serious trucking accident. Our attorneys can help you obtain maximum financial compensation for your injuries, pain and suffering, lost wages, and more. Call us today by calling (833) 997-1774 or by filling out the contact form on our website to schedule a free consultation. To better serve our clients, we have offices in Virginia Beach, Portsmouth, Norfolk, Hampton, Suffolk, and Kitty Hawk, North Carolina.