Accidents involving semi-trucks, tractor-trailers, and other large commercial vehicles are almost always severe. They often cause severe, catastrophic injuries. In the most extreme cases, a truck accident can cause wrongful death. The stakes are high when someone is injured or killed in a trucking accident, and you must use every tool available to determine who was at fault for causing the accident and hold them accountable for the harm they caused.
The Federal Motor Carriers Safety Administration (FMCSA) regulates tractor-trailers and other commercial vehicles. To ensure compliance with Federal Motor Carrier Safety Regulations (FMCSR), most commercial vehicles are equipped with Event Data Recorders (EDRs) and Electronic Logging Devices (ELDs). These devices are commonly referred to as “black boxes.” They contain critical information about the days, hours, and moments leading up to a crash. This information can be crucial in proving who was at fault for causing a trucking accident and can be used to hold them responsible for the harm they caused.
‘Black boxes’ are perhaps most well-known in the aviation industry, where planes are equipped with flight data recorders. Event Data Recorders (EDRs) are similar in that they track aspects of truck operation, including speed, braking patterns, how the vehicle was steered, the duration of the impact, and whether airbags deployed.
Most commercial vehicles are also equipped with Electronic Logging Devices (ELDs) that track driver behavior, including total driving hours, hours worked in the last 7 days, total miles covered in the previous 7 days, off-duty time, and the vehicle’s daily inspection report.
Together, these devices can be analyzed to recreate the days, hours, and moments leading up to the crash. An accident reconstruction expert can share this information with other lawyers and the judge and jury so they more clearly understand the cause of the accident and identify who was at fault.
The EDR will contain crucial information about the moments immediately before the crash, while the ELD collects information that can be used to determine whether the driver complied with federal regulations such as Hours of Service requirements and whether the driver completed daily vehicle safety inspections.
In some cases, trucking companies know their drivers are not complying with federal regulations, and the black box data can be used to establish corporate liability for the driver’s actions.
Because of strict federal mandates, significant information may be available to someone who was injured in a trucking accident. However, trucking companies are only required to retain that information for six months. Without intervention from an experienced truck accident attorney, crucial information could be destroyed in accordance with a trucking company’s records retention policy. A lawyer can send a ‘preservation of evidence’ letter, also known as a ‘spoliation letter,’ requesting that the trucking company preserve this crucial information.
Once a trucking company receives a preservation of evidence letter, they are legally obligated to preserve evidence identified in it and could face penalties if they destroy it. But you must act quickly to preserve this critical information and protect your right to compensation.
Preserving crucial evidence after a truck accident can be challenging, especially if you were seriously injured and are focused on your physical and mental health and recovery. Know that the trucking company and other potential defendants will immediately dispatch crash scene investigators to analyze the accident and try to blame the accident on someone else. To protect yourself and your rights, you need someone on your side who knows New Jersey trucking law and can work to identify who was at fault and hold them responsible for the harm they caused.
John C. Iannelli is an experienced New Jersey truck accident injury lawyer. With over 30 years of experience representing people injured in catastrophic truck accidents, he knows what it takes to hold trucking companies responsible for the harm they caused. To put his experience to work for you, contact Iannelli Law today to schedule an appointment to discuss your situation and how he can help.
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