Eighteen-wheeler trucks are so large that they often cause big accidents with multiple victims, and it can be difficult to work out liability. It’s very important to show what was happening in the truck at the time of the accident and find out if the truck driver was complying with all federal regulations, and the “black box” and logbook data from the truck are key to all this. Talk to an El Paso, TX truck accident attorney right away, as you will need their help to make sure this evidence is preserved.
Preserving Data After an 18-Wheeler Crash
The “black box” is the Electronic Control Module (ECM) or Event Data Recorder (EDR), which most of these large trucks are now equipped with. The ECM or EDR captures data like the speed of the vehicle, the throttle position, the RPM of the engine, and braking events, which it will save if these happen not long before an impact.
The “logbook” refers to the Electronic Logging Device (ELD). In the past, truck drivers kept logs on paper, but these were very easy to manipulate, and since 2017, the Federal Motor Carrier Safety Administration (FMCSA) has required drivers to use electronic devices that are much harder to tamper with, though not impossible. There are a few exceptions, but most 18-wheelers on the road should have an ELD. This records the driver’s behavior, the performance of the vehicle, and potential violations such as speeding or exceeding Hours of Service (HOS) limits allowed by federal regulations.
All this data is great to have, but it is fragile and it is time-sensitive. It’s essential to preserve it, and here’s how you can:
Contact an El Paso, TX Truck Accident Attorney Immediately
Ideally, you should contact an attorney within 24 to 48 hours of the crash. An attorney with special experience in trucking cases will know how to get this evidence before it’s lost and will immediately send a spoliation/preservation letter to the trucking company, the insurer, the driver, and any other related party. This letter gives them official legal notice that there’s potential litigation in the works and demands the preservation of all important evidence, including not only the ECM or ERD data and the ELD records but also GPS data, dash cam footage, maintenance logs, any driver files, and the actual truck itself.
This letter will also warn those involved that destroying the evidence could mean legal sanctions. In many cases, if a trucking company destroys or “loses” this kind of evidence, the judge in the courtroom will instruct the jury to assume that the missing evidence is unfavorable to the trucking company. In some extreme cases, your lawyer may advise seeking a court order immediately to impound the vehicle or one of the data modules to make sure the evidence isn’t destroyed.
If you’ve been in a truck accident, don’t let this valuable data disappear. Contact the Labinoti Law Firm in El Paso right away at 915-201-0132. We also serve clients in Las Cruces, NM.
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