Fatal commercial truck accidents are on the rise in this country, according to the latest information compiled by the Federal Motor Carrier Safety Administration (“FMCSA”). FMCSA warns that (1) not only did the number of fatal large truck crashes increase 18%, but (2) more large trucks were involved in accidents where people were hurt (up by 11%). Read, FACTS, CRASH. “Large Truck and Bus Crash Facts.” Federal Motor Carrier Safety Administration (2021).
Things are very dangerous for everyone driving roadways used by big rigs, 18-wheelers, semi-trucks, and tractor-trailers. The State of Illinois, and especially the Chicagoland area, is suffering from multiple deaths in semi-truck crashes each week in 2024. For details, read Why Are There So Many Serious or Fatal Semi-Truck Accidents in Chicagoland?
There is a need to understand the causes of these deadly semi-truck crashes. Why? First, knowing why these tragedies occurred will help to protect against similar accidents in the future. And it will also enable victims and their loved ones to assess fault and liability against those parties who legally caused the accident by their breach of legal duties of care and safety.
One of the key components in this truck crash analysis is the data stored in the Black Boxes or Event Data Recorders (“EDRs”) found on the motor vehicles involved in the accident. Both the commercial truck as well as sedans; pickups; minivans; SUVs; and even motorcycles may have these devices installed on them by the manufacturer. Large trucks may also have electronic logging devices (“ELDs”) with information that keeps up with the truck driver’s compliance with FMCSA’s Hours of Service regulations. For more, read: Black Box Data in Serious or Deadly Semi-Truck Crashes.
Number of Black Boxes or EDRs in Severe or Deadly Truck Accidents
After any serious or catastrophic motor vehicle accident involving a large truck or commercial motor vehicle (think big rig, semi, or tractor trailer), the truck’s Black Box will have recorded all sorts of invaluable information regarding what was happening immediately before and during the event itself. The truck Black Box or EDR data will store data about things like:
- Speed the rig was being driven before impact;
- Speed at the time of impact (acceleration? Slowing down?);
- Brake performance;
- Brake use (applied? Force of application?); and
- How the steering wheel was being moved (steady or sudden shift to right or left?).
Similarly, the EDRs stored within the other motor vehicles will be very helpful to those trying to decipher exactly what happened. The smaller vehicle that collided with the semi-truck or big rig will have information stored that may reveal not only (1) its speed, but (2) how many people were in the vehicle and (3) if they were wearing safety belts; (4) how the driver was steering the vehicle; (5) if the brakes were applied; (6) failures of brakes, tires, etc.; and (7) the force experienced by the vehicle at the time of the collision. For more, read “What is an EDR? Understanding Event Data Recorder Technology,” written by Benjamin Hunting and published by NAPA on October 26, 2017.
Therefore, those who have been injured in a semi-truck crash here in the Chicago area or elsewhere will need to find out how many event data recorders are involved in the accident. There may be several different Black Boxes that can provide essential information to be used by accident reconstruction experts.
Ownership of the Black Box or EDR Data
This can be troublesome, since each of these EDRs will have private ownership. The Black Box data on the semi-truck will be the private property of the trucking company or the individual truck driver that owns that truck. They will have the legal right to delete it unless steps are undertaken to block it.
Similarly, the EDR information stored on the cars, SUVs, pickups, or motorcycles involved in the crash will be under private ownership. The owner’s manual will provide details on the specific device for that vehicle. Read, “Decoding What’s in Your Car’s Black Box: Who Owns the Data and Who Can Tap It?“ published by Edmunds.com.
Black Boxes and Event Data Recorders: the Trial Lawyer’s Perspective
For trial lawyers who advocate for truck crash victims and their loved ones, the black box data from all the vehicles involved in the semi-truck crash is vital to establishing fault and liability in the legal personal injury claim for damages. See, Chicago Truck Accidents: Liability after Serious Chicagoland Semi-Truck Crash.
These EDRs contain facts that can be admitted into evidence or used in settlement negotiations that help to:
- Prove up exactly what happened in the fatal truck crash, second by second;
- Prove up what all the drivers and passengers were doing at the time of the accident;
- Prove up what each individual experienced at the time of impact and immediately thereafter;
- Prove up what each vehicle experienced at the time of impact and immediately thereafter;
- Clarify inconsistencies in witness recollections;
- Explain any contradictions in witness testimony or other evidence (think phone videos of the event);
- Reveal failures in various products or components of the various vehicles (blown tires, failing brakes, etc.); and
- Reveal external factors contributing to the event (sliding of vehicle confirming ice as a factor in the crash, etc.).
For more, read: Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases.
Discovery Concerns: Getting the Preserved Black Box Information
For the trial lawyer fighting for justice on behalf of the crash victim there may be a number of concerns during the course of the case. These include:
- Overcoming the legal right to privacy that protects the data as private property. The attorney may need to get orders signed by the judge in order to obtain the data from the EDR.
- Having the right technology and expertise to access the EDR data. Black boxes need special gizmos to retrieve their data. The records will need to be read and analyzed by experts who understand how to do so.
In a semi-truck crash, the personal injury trial attorney may need to send something called a “spoliation letter” to the owner of the semi-truck as soon as possible after the accident that formally requests that all evidence related to the truck crash, and specifically the data stored on the rig’s Black Box, be preserved.
Of note, the insurance carriers involved in defending the case against liability and the payment of damages may have language within the policy provisions that allows them to obtain and download all the EDR data as soon as possible after any crash. This may be true for both the coverage for the big rig as well as the other motor vehicles in the crash.
Truck Crash Accident Reconstruction Experts
Over the years, the accident victim’s semi-truck crash trial lawyer may have a significant amount of understanding on how these EDRs work and how to read their data. Nevertheless, there will be a need to get the support of an accident reconstruction expert who will prepare a report summarizing their EDR findings and who may be asked to take the stand at trial and explain that report to the jury.
These professionals are usually engineers called “reconstructionists.” They will access all the various Black Box data, as well as doing things like going to the crash site to gather measurements, take photos, etc.; study the vehicles themselves; read police reports and witness statements that give perceptions of the crash, and more.
Admissible Evidence to Prove Up Injury Claim from Black Box or EDR Data
The Black Box or EDR data will be entered into evidence at trial only after the personal injury attorney successfully meets the evidentiary requirements to substantiate its reliability; accuracy; authenticity; and relevance. It will also appear within the evidence introduced as part of the expert’s testimony and written report.
Legally, this may mean hurdles that involve making sure the data is protected from loss or corruption; documenting its chain of custody; and more. If the defense attorneys or insurance adjusters can find ways to exclude or discount the Black Box evidence, they will do so. Also read: Insurance Company Has Duty To Settle Your Claim: Bad Faith Lawsuits Against The Insurer; and Bad Faith: When an Accident Victim is Victimized a Second Time by the Insurance Company.
Black Box Data Invaluable Evidence in Injury Claims After Truck Crash
Black Box and EDR data can be some of the most important evidence to the victims of a serious or fatal truck crash in Chicagoland, Illinois, or elsewhere. The recordings can spotlight specific facts that show certain failures in the duties of care and safety that establish legal liability for one or more parties. Once liability is shown, then damages can be assessed and awarded.
It is the duty of the accident victim and their loved ones to demand justice and pursue their legal claims with prove of each element of their case. No matter how unfair, those who are culpable have no legal duty to admit to wrongdoing. The victim has to make the case against them. They will often fight very hard against being held liable and being made to pay for the consequences of their wrongdoing.
For more, read:
- Damages are Different: Workers Compensation vs. Third Party Personal Injury Claims
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Who Can Claim Damages After a Work Accident in Indiana or Illinois?
- What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Investigations After Work Accident: Worker’s Right to Investigate Job Injuries in Indiana or Illinois.
The evolving technology of vehicular Black Box data is a wonderful blessing to those who have suffered serious bodily harm in a semi-truck crash. It can be complicated to access and use this data as evidence against those who are liable. The danger of being hurt in a large truck accident is very high here in Chicagoland. Please be careful out there!
