You're driving along I-25 near Albuquerque when an 18-wheeler veers into your lane, causing a devastating crash. After the accident, you're left wondering how to prove the truck driver was at fault. The answer may lie in a small device known as the truck's "black box."
At Keller & Keller, our experienced New Mexico truck accident attorneys know how to obtain and analyze black box data to build strong cases for injured clients. Here's what you need to know about this critical piece of evidence.
What Is Black Box Data in a Semi-Truck?
Most commercial trucks manufactured after the 1990s are equipped with event data recorders (EDRs), commonly known as black boxes. These devices capture a wealth of information about the vehicle's operation, including:
- Speed at the time of the crash
- Brake application
- Throttle position
- Cruise control status
- Seat belt usage
- Engine RPM
- Steering angle
In the event of a collision, the EDR preserves a recording of the truck's status in the seconds before, during, and after impact. This objective data often provides key insights into the cause of the crash and whether the truck driver's negligence played a role.
Black boxes are designed to withstand extreme forces, ensuring the data remains intact even in severe crashes. The devices are typically located in the truck's engine compartment, under the driver's seat, or in the dashboard.
How Can Black Box Evidence Help Your Truck Accident Claim?
Trucking companies and their insurers often seek ways to minimize liability after a crash. They may try to shift blame onto the other driver or argue that the collision was unavoidable. However, black box data can cut through these tactics by revealing the true story of what happened.
- The EDR might show that the truck was traveling 25 mph over the speed limit during the crash or that the driver failed to apply the brakes until a second before impact. This type of evidence can be highly persuasive in demonstrating negligence and liability.
- A lawyer can use black box data to impeach dishonest statements from the truck driver or the trucking company. If a driver claims they were traveling at a safe speed but the EDR shows they were speeding, this contradiction can severely damage their credibility.
- Black box evidence can even reveal violations of federal trucking regulations. For instance, if the data shows that the driver had been operating the vehicle for longer than allowed under hours-of-service rules, this could prove that fatigue contributed to the crash.
Preserving and Obtaining Black Box Evidence
Trucking companies are not required to preserve black box data indefinitely. Many EDRs automatically overwrite their data after a specific period, often 30 days. You must act quickly after a crash to ensure this vital evidence is not lost.
An experienced truck accident lawyer can send a spoliation letter to the trucking company, demanding they preserve the EDR data. Your attorney can then work to obtain the black box through the legal discovery process.
It's important to note that accessing black box data requires specialized equipment and expertise. Proprietary software is necessary to download and interpret the raw data. Trucking companies and insurers often resist turning over this evidence, knowing how damaging it can be to their case.
That's why you need a skilled legal team that knows how to fight for access to black box data and has the resources to analyze it properly. At Keller & Keller, we work with renowned accident reconstruction specialists, engineers, and other experts who can break down EDR evidence and use it to build compelling cases.
Using Black Box Data in Settlement Negotiations and at Trial
Once your legal team has obtained and analyzed the black box data, it can become a powerful tool in securing the compensation you deserve. In many cases, presenting clear evidence of negligence from the EDR can motivate trucking companies to offer fair settlements rather than risk a trial.
However, if the company refuses to negotiate in good faith, black box data can be highly compelling in front of a judge and jury. By painting an objective, second-by-second picture of the truck driver's actions leading up to the crash, this evidence can help jurors see through attempts to shift blame and recognize the actual cause of the collision.
Uncovering the Truth With a New Mexico Truck Accident Attorney's Help
If you've been seriously injured in a truck accident, you may be facing a long road to recovery—physically, emotionally, and financially. You shouldn't have to bear this burden alone if a negligent truck driver or company caused the crash.
Black box data can be a game-changer in proving liability and securing the compensation you deserve. However, obtaining and leveraging this evidence requires quick action and legal expertise.
At Keller & Keller, we've been fighting for truck accident victims across New Mexico for over 80 years. We understand the laws governing commercial vehicle claims and know how to uncover critical evidence like black box data. With our proven track record and commitment to client service, you can focus on healing while we fight for the justice you deserve.
