Using ‘Black Box’ Data In Tractor-Trailer Accident Cases
Many years ago, anyone injured in an accident with a tractor-trailer would have to simply roll the proverbial dice as to whether they would be able to get enough evidence to hold the driver liable. Nowadays, this task is made easier by the advent of what we know as the ‘black box recorder.’ If you have been involved in a tractor-trailer accident, the data from the truck’s ’black box’ can make all the difference as to whether or not you are able to recover the damages you deserve.
Not All Electronic Logging Devices Are ‘Black Boxes’
In order to establish a case for negligence in Florida (and thus, an injured plaintiff’s eligibility to recover damages) after a tractor-trailer accident, a person must establish that the defendant or defendants had a duty to exercise reasonable care toward them, and that they suffered injury as a direct result of the defendant’s breaching that duty. In Florida, all road users are required to exercise due care toward one another, so a breach of that duty may – but does not always – constitute negligence.
In order to establish a breach of the duty of care, an injured plaintiff needs information, and the black box is one of the most useful tools with which to get it. That said, it is important to be aware that the Federal Motor Carrier Safety Administration (FMCSA) requires tractor-trailers to have electronic logging devices (ELDs), but an ELD is not necessarily the same as a black box. ELDs do not always record events, but rather, log a specific set of metrics.
Enlist An Attorney Quickly
If the tractor-trailer that struck you does have a black box recorder, it can offer up a wealth of information that can help reconstruct an accident, which in turn, may help establish negligence. Some of the information a black box may carry includes whether or not the tractor-trailer’s clutch was engaged, the frequency and strength of brake applications, the use or lack of use of cruise control, and whether or not the vehicle made any sharp turns or stops.
Perhaps the most important thing to know if you have been through this type of crash is that it is more important than normal to engage a competent attorney as quickly as possible. If one does not act quickly, it is not uncommon for black box information to be erased or overwritten in the normal course of business (though, of course, some may choose to do it maliciously, to avoid liability). An attorney can send the right requests to forestall this process, preserving the information you may need in order to make your claim.
Contact A Tampa Tractor-Trailer Accident Attorney
A tractor-trailer accident can leave long-term scars on a person’s body and mind. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group knows how to give you the best chance at financial recovery. Contact our office today to schedule a free consultation.
Source:
fmcsa.dot.gov/hours-service/elds/electronic-logging-devices
