If you sustained injuries in a truck accident in Portland, Oregon, it’s important to understand how black box data proves fault in truck crashes.
By obtaining the truck’s black box data, your lawyer can establish how the accident occurred and what parties may be at fault. This is crucial for your claim’s success and a key step in maximizing your compensation.
What Is Black Box Data in Trucks?
Most commercial trucks have black boxes, which typically refer to Event Data Recorders (EDRs), Electronic Control Modules (ECMs), or Electronic Logging Devices (ELDs).
These devices automatically record data from the truck, including how long the truck is on the road, its speed, and when the driver applies the brakes.
The main function of these black boxes is to provide this data to trucking companies, which use it to monitor their fleets. This data can inform trucking companies of how to improve safety or reduce the risks of mechanical failures.
However, lawyers can also obtain access to this black box data following truck collisions. They can then use it to identify critical evidence of the truck driver’s or trucking company’s negligence that contributed to the accident.
Types of Information Truck Black Boxes Record
Your lawyer can collect a wide variety of information as truck accident black box evidence in Portland cases.
Some of the most crucial information includes:
- Vehicle speed can show if the truck was exceeding the speed limit or driving too fast for the road and weather conditions at the time of the crash.
- Brake usage can reveal if the truck driver didn’t apply the brakes before the collision, which could indicate that they were distracted.
- Steering inputs can show if the driver made sudden and aggressive steering changes, which could contribute to a jackknife or rollover accident.
- Hours of service details the time the truck driver spent behind the wheel, which your lawyer can use to determine if they violated the federal hours of service regulations.
How Black Box Data Helps Prove Negligence in Portland Truck Accidents
Black box data helps prove negligence in Portland truck accident cases in several key ways, including:
- Serving as evidence of dangerous driving practices, such as speeding or failing to brake before the collision
- Identifying whether the truck driver was fatigued leading up to the crash due to a lack of required breaks
- Providing accident reconstruction experts with additional information to work with when creating simulations of how the crash occurred
- Highlighting mechanical issues the truck may have experienced before the accident, shifting fault to the trucking company, vehicle manufacturer, or maintenance provider
- Supporting other evidence gathered in the case and contradicting statements from the at-fault parties
Legal Procedures for Accessing Black Box Data
Obtaining black box recordings following a truck accident can be challenging, as the trucking company involved likely doesn’t want that information getting out.
That’s why it’s critical that you work with an experienced trucking accident lawyer who can take the proper steps to gain access to this information.
The first step in seeking black box data is to submit a spoliation letter to the trucking company. This letter demands that the trucking company preserve the black box’s data, as it’s part of an ongoing insurance claim. Your lawyer will also request access to that data.
If the trucking company refuses to hand it over, your lawyer can file a petition to have the court order the trucking company to comply.
Once your lawyer has the data, they’ll typically hire a crash reconstructionist to comb through the information contained in the black box and make sense of it all.
Challenges and Limitations of Using Black Box Data
There are several challenges you may run into when trying to obtain or access black box data, including:
- The data has been lost or overwritten because too much time has passed since the accident.
- The data requires expert analysis to be useful in your case against the driver and the trucking company.
- The trucking company is denying access to the data for various reasons.
- The data does not contain the information you need to prove your case.
A skilled personal injury attorney can help you combat these challenges by preserving and securing black box data. They can also use their knowledge and resources to analyze the data and build a solid case.
How a Portland Truck Accident Lawyer Leverages Black Box Evidence
Our Portland-based lawyers assist clients injured in commercial vehicle collisions by using black box data for truck accident claims. Some of the ways we can utilize this critical data to support your claim against the truck driver or trucking company are:
- Identifying federal and state regulation violations that the driver or trucking company committed
- Working with an accident reconstruction specialist to analyze the data collected from the black box
- Comparing the information gathered from the black box with other evidence collected, including eyewitness statements and traffic camera footage
- Using the data as leverage in negotiations with the insurance company or as key evidence at trial
- Exposing inconsistencies between the at-fault truck driver’s statements and the black box recordings
Contact Our Portland Truck Accident Attorneys Today
At Rizk Law, we understand the physical, emotional, and financial strain that suffering injuries in a serious truck accident can place on you and your family.
With over 20 years of experience serving Oregonians, our lawyers have recovered millions for clients injured in truck wrecks, including $900,000 for one client after a T-bone crash involving a commercial delivery truck.
Thanks to our track record of success, we constantly receive positive reviews from former clients, just like this one:
“The team of attorneys and staff at Rizk Law are sharp, caring, & extremely effective of executing successful strategies for personal injury cases. Their work speaks for itself.”
– Hewitt Pagenstecher
If you were involved in a truck accident in Portland, Oregon, you need an experienced personal injury attorney with the knowledge, experience, and resources required to obtain the black box data from the vehicle involved.
Contact our firm today to get started on your case with a free consultation with one of our Portland truck accident lawyers.
