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Trucks' Black Boxes Provide Essential Information for Lawsuits
Black boxes can provide invaluable information about truck accidents and are crucial evidence to obtain and preserve.
July 24, 2011 /Law Enforcement PR News/ -- Following an airline disaster, the nightly news will often talk about the search for the airplane's "black box." While not black -- in airplanes these boxes are often bright colors so they are more easily found following an accident -- black boxes record information that accident reconstructionists can use to recreate and understand what happened right before and during the accident. But, airplanes are not the only vehicles that employ black box technology.
Most semis (and late-model passenger vehicles) also contain black boxes. Officially black boxes are known as "electronic control modules" (ECMs) or "event data recorders" (EDRs). In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that in model year 2010, 85 percent of vehicles will have ECMs installed.
While installation of ECMs is not required by law, most semis have used this technology since the 1990s. ECMs are used by trucking companies as a way to record idle times, speed and trip times in order to more effectively manage their businesses.
The NHTSA, while not mandating the use of ECMs in vehicles, has issued a rule governing what information must be recorded, at a minimum, if an ECM is installed in a vehicle. This includes information such as speed, braking, seatbelt use and engine cycle count from five seconds prior through the accident. The rule took effect for many vehicles in September of 2010, and takes effect for remaining vehicles in September of 2011.
Truck Accidents
Often drivers, passengers and witnesses to accidents believe that they know exactly what happened. What actually occurred right before and during the accident, however, may be very different than what minds influenced by emotion and trauma may recall.
So, like airplane ECMs, truck ECMs hold a treasure trove of information following a truck accident. This information is valuable not only for accident reconstructionists, but also for the attorneys of those who were injured during the accident.
Black boxes in semis already record the information mandated by the new NHTSA rule. And, according to ttnews.org, ECMs installed in semis record data such as:
- Braking
- Fuel consumption
- Speed
- Acceleration
- Throttle
- Revolutions per minute (RPM)
- Driving time
- Seatbelt use
ECMs also record usage information such as the amount of time driven. This information can be compared to the drivers' log books to indicate whether or not the driver was abiding by hours-of-service laws at the time of the accident.
Hours-of-service laws cap the number of hours that drivers can be behind the wheel or on duty before they are required to take time off. These laws are intended to protect drivers and other motorists by keeping tired drivers off the road. Variations between what is recorded on the ECM and the log book may be used to prove that a driver was fatigued.
When injuries result from an accident with a semi, the data recorded on the ECM may be the foundation of the personal injury lawsuit. This information can be used by a personal injury attorney to establish the driver and/or trucking company is responsible, and therefore liable, for the accident and resulting injuries. So, it is extremely important to secure the black box and the information it provides.
Following an accident, it is crucial to obtain the evidence of an ECM as soon as possible, as black boxes record and reset data in different ways. Ttnews.org reports that older trucks are often equipped with ECMs that automatically erase information as soon as the truck is moved. This means that vital data will be lost as soon as a truck is towed, let alone moved under its own power. Newer ECMs typically store data for about a month, after which, the ECM begins to record over the stored data.
Therefore, it is important that an attorney act quickly to protect ECM evidence. First, it may be necessary to file an order to preserve the evidence on the ECM. Second, the data on the ECM will need to be requested so that it can be analyzed.
Because of their size, accidents involving semis can be devastating and cause life-altering injuries. It is important to seek the guidance of a personal injury attorney as soon as possible so that evidence from the truck's ECM can be gathered before it is erased. An attorney can help you seek compensation for medical bills, rehabilitation costs, lost wages, repairs, and pain and suffering.
Article provided by Nagle & Associates, P.A.
Visit us at www.carolinatrucklawyer.com
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