Let’s get real about what REALLY happened during your trucking accident.
All commercial trucks today are computerized vehicles that record speed information and driver data as it happens.
This digital evidence could make or break your claim.
Your problem…
Insurance companies and trucking companies have access to this information RIGHT after an accident occurs. They know what it reveals. And they’re betting you don’t.
Interested in learning more?…
In This Article:
- How Fleet Technology Creates a Digital Paper Trail
- The Types of Digital Evidence Stored in Commercial Trucks
- Why This Information Is Important to Your Claim
- How to Ensure Evidence Is Not Destroyed
How Fleet Technology Creates a Digital Paper Trail
If your vehicle collided with a commercial truck, that truck likely has a record of what happened leading up to the crash.
Digital technology keeps a record of:
- Vehicle speed
- Driver actions
- Crash information
It’s like your truck has its own black box.
A study by Nextbase says only 1 in 100 drivers can accurately recall all necessary details after witnessing a road traffic incident. That means 68% of drivers CANNOT remember:
- The other driver’s license plate number
- Skidding or sudden braking
- Information about road conditions
- Exact crash location
Knowing what happened during your crash isn’t a matter of opinion.
Electronic evidence doesn’t intentionally leave out details or get distracted during a crash. It provides a precise timeline of what happened before an accident — something eyewitness testimony cannot do.
Trucking accident lawyers preserve digital information from the trucks that hit you. Working with experienced Trucking Accident Lawyers gives you access to resources that retrieve this data before trucking companies can tamper with it.
The Types of Digital Evidence Stored in Commercial Trucks
As mentioned above, the fleet technology in today’s commercial trucks gathers extensive data.
Below we outline three common pieces of technology stored in commercial trucks.
Electronic Logging Devices (ELD)
ELDs are computer systems that record a driver’s:
- Hours spent driving
- Breaks
- GPS location
- Engine hours
ELDs also alert drivers when they’re about to hit a driving violation, such as driving too many hours in a row. Federal law mandates commercial trucks track drivers’ hours of service (HOS).
Data retrieved from an ELD can show if your accident was caused by:
- Driving beyond the federally allowed hours of service
- Fatigued driving
Driver fatigue causes more truck accidents than you might think. Making sure your attorney obtains this data can help prove negligence.
Dash Cameras
Dash cameras are another form of technology found in trucks today. Many fleets use both forward-facing and driver-facing cameras.
Dash cam footage can reveal:
- The condition of the road prior to impact
- Traffic patterns
- Other vehicles
- Weather conditions
- Driver behavior
A Virginia Tech study found an 86% reduction in accident-related costs when fleets use dash cams. That’s because insurance knows when there’s video evidence.
Event Data Recorder (EDR)
Commercial trucks have an event data recorder, also known as a “black box.” This device stores information about:
- Vehicle speed at impact
- Brake usage
- Steering patterns
- Engine performance
Anything that helps piece together what happened before, during, and after your accident can be helpful to your claim.
Why This Information Is Important to Your Claim
Eyewitnesses can only tell you so much about what happened during your crash.
Digital evidence from trucks can prove:
- Who was at fault
- What your other driver was doing right before impact
Once we dive deeper into what this information shows, you’ll understand why it’s so valuable to your claim.
Was your other driver speeding? The truck’s data knows.
Were they taking mandatory rest breaks? The electronic log shows when drivers take their rest stops and for how long.
Were they distracted before impact? We can find that out by reviewing dash cam footage.
This digital data can help prove:
- Hours-of-service violations
- Speeding
- Reckless driving
- Driver distractions
- Mechanical issues
- Failure to brake
Most claims with electronic evidence available settle quicker than cases without electronic evidence. Insurance companies are less likely to contest your claim when video data is involved. And the insurance companies tend to pay more when fault is indisputable.
How to Ensure Evidence Is Not Destroyed
Fun fact…
Commercial trucks only have to keep ELD records for up to 6 months.
After that, all electronic data can be deleted from a truck’s computer system.
Deleted forever.
This is why it’s critical to act fast if you’ve been involved in a truck accident.
To protect your right to electronic evidence, a preservation letter must be sent to the trucking company. A preservation letter is a legal document that requires the trucking company to preserve all evidence.
Waiting to file your accident claim could mean losing your right to electronic evidence that may prove who was at fault.
Trucking companies have special investigators who are routinely dispatched to crash scenes within hours of a collision. They’re already on the scene working to discredit your claim. Don’t let them succeed.
What Happens When Evidence Is Destroyed?
It happens.
Trucking companies “lose” electronic data all the time.
Files go missing.
Video footage doesn’t upload properly.
Black boxes malfunction.
C’est la vie.
The good news is…
If electronic data is destroyed AFTER a preservation letter has been sent, you can notify the court. Destroying evidence after a preservation letter is known as spoliation of evidence. Judges can direct juries to presume the lost evidence would have been unfavorable to the defendant.
Insurance companies don’t like taking that chance.
The Bottom Line on Digital Evidence
Digitally recorded evidence is changing how trucking accidents are investigated.
Your accident no longer has to be a he said, she said situation. Technology that tracks these 18-wheelers records minute-by-minute details leading up to a crash. Here’s why that matters…
Drivers who cause accidents used to be able to lie about their logs. Who’s to say they didn’t take all the required rest breaks? Now there’s electronic proof.
Drivers who cause accidents used to be able to say slow-moving traffic caused them to rear-end the car in front of them. Now we can review video footage and prove they were distracted.
Bottom line? The truck itself is telling the story.
Digital data recorded by onboard truck technology creates a non-biased third-party witness. A witness that has no reason to change their story. A computer.
Wrapping Up
Technology found in semi trucks is valuable evidence in your trucking accident claim.
ELDs, dash cams, and black boxes store the truth about what happened during your accident. And that truth can help prove who was at fault.
Key Takeaways…
- Commercial trucks record your speed, location, hours of service and more
- Dash camera footage reveals exactly what happened
- Digital evidence can be deleted if your claim isn’t filed in time
- Clients with strong electronic evidence tend to have stronger cases
The data you need is out there. The question is, will you get access to it in time?
