With a central location in the mid-Atlantic, West Virginia’s roadways are a key point of transit for commercial trucks. While all of these big rigs are necessary to move goods throughout the country, they can also create dangerous conditions for other motorists. Each year, hundreds of West Virginians are hurt or killed in auto accidents – including those involving semi-trucks.
If you were injured in a truck accident, you may be able to file a lawsuit against the truck driver and trucking company for your losses. Data from the truck’s black box can provide critical information – such as speed and hours behind the wheel – that can be used to prove fault in the claim. Our experienced West Virginia truck accident attorneys will use their knowledge of black box law to help you get maximum compensation for your injuries.
At Johnstone & Gabhart, we are fierce advocates for accident victims throughout the great state of West Virginia. We work hard to help our clients get the money that they deserve for their injuries – and we never charge a fee unless we recover money for you. Contact our law firm today to schedule a free initial consultation with a West Virginia personal injury lawyer.
What Is a Truck’s Black Box?
Commercial trucks typically have an onboard computer system that is known as a black box. Most big rigs are equipped with black boxes as a way for trucking companies to track hours, tours, break time, and other data. Depending on the trucking company, these devices can be dedicated units or something that connects to a smartphone or other device to transmit data.
Black boxes typically include three components:
- Electronic Logging Device (ELD): this tool connects to the engine of a commercial motor vehicle. It tracks driving hours to show that the truck driver has complied with federal Hours of Service and Records of Duty status. The ELD automatically records the time, date, location, vehicle miles, engine hours, and identifying information for the driver and carrier. ELDs also record driving information each hour when the vehicle is in use.
- Event Data Recorder (EDR): this device is found in many newer 18 wheelers, and is used to record data about the times that the truck was in and out of service, when it started and stopped, minimum and maximum speeds at specific times, arrival and departure times from destinations, when brakes were applied, when cruise control was engaged, and more. Modern EDRs will store data from critical events – such as an accident – for a few minutes before and after the crash.
- Electronic Control Module (ECM): this tool helps to manage the truck’s engine, providing and recording data related to the correct air-to-fuel ratio, spark plug timing, and more.
After an accident, the truck’s black box can often be recovered – providing a treasure trove of information that can be utilized to prove fault in a truck accident claim. An experienced West Virginia truck accident attorney will use their knowledge and skill to dive into this data and help you get maximum compensation for your claim.
How Can Black Box Data Be Used in a Truck Accident Case?
Trucking companies install black boxes to comply with federal law and for their own purposes – but it can also be incredibly helpful evidence in a truck accident case. The type of data that is recorded can often be used to show that the truck driver and/or the trucking company caused a truck accident. If you can prove that the trucker was at fault, then you will be able to recover money for your losses in a personal injury lawsuit.
There are many ways in which black box data can be used to prove fault. The ECM records information about the truck’s engine – and can also show whether the truck had been properly maintained. The ELD records data such as hours spent driving, which can be used to demonstrate that the truck driver violated federal hours of service regulations and was too tired to drive safely. The EDR collects information about things like speeds, which can be useful to show that the truck driver was driving carelessly at the time of the accident.
Once the black box data has been obtained through the legal process, your West Virginia truck accident lawyer will carefully analyze it. They will look for evidence that shows what happened to cause the accident, such as:
- Failure to brake before the crash, which may show that the truck driver was asleep or distracted
- Sudden braking that caused the truck to jackknife
- High rates of speed
- Driving for too long without taking a break
Truck accident claims – like other personal injury lawsuits – are usually based on a theory of negligence. This legal term is another way of saying that another driver was careless in some way. A person is negligent if they fail to use the level of care that a reasonable person would use in a similar situation.
The accident victim has the burden to prove that the truck driver was negligent, such as by speeding, texting while driving, or failing to comply with federal and state law. The black box data can be used to show negligence, providing critical evidence to show that the driver and/or trucking company were responsible for the accident. While witness memories can often be unreliable, black box data provides solid, often irrefutable proof that a truck driver caused the accident.
Knowing how valuable black box data can be, trucking companies and their insurers may try to hide or destroy this evidence. An experienced lawyer will proactively request the truck’s black box data – and may also seek a court order that the data be preserved.
Black box data can be tricky to analyze. Our seasoned West Virginia truck accident attorneys have years of experience reviewing black box data and using it to prove fault in personal injury claims. We will use our knowledge of black box law to help you get a fair settlement for your property damage, lost wages, medical bills, pain and suffering, and other losses.
Help for West Virginia Truck Accident Victims
Truck accidents can be incredibly scary – and dangerous. If you were hurt in a commercial truck crash, our skilled lawyers will use the truck’s black box data to prove your claim. We will take on the big trucking company and their insurance company – allowing you to focus on your healing.
Johnstone & Gabhart is dedicated to helping West Virginians get the money that they deserve for car accidents, slip and falls, motorcycle accidents, dog attacks, pedestrian accidents, and other types of accidents. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more or to talk to a West Virginia truck accident attorney, give our law offices a call at 304-343-7100 or fill out our online contact form.
Related: West Virginia Truck Accident Liability: Who Can Be Held Responsible?
