You might have heard of something called a “black box device” on airplanes. The device, technically called an event data recorder, automatically records various data about the trip. These devices may also be present on trucks, and they may yield interesting information after a truck accident.
An event data recorder is a sophisticated, computerized piece of technology that records numerous data points during a truck’s journey. Anything from speed to when the trucker hits the brakes will be recorded. Accessing this data may not be easy, as vehicle owners have rights to it, not us. However, the data may be discoverable in a civil injury case. Federal regulations determine what kind of data must be recorded, and it is a lot, to put it simply. The data may be used to prove that a trucker was negligent during the accident or had violated other regulations regarding things like hours of service.
Speak to our South Carolina truck accident attorneys to get a free case review by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
What is a Black Box Device on Trucks?
Black boxes or event data recorders are designed to record various data points during a truck’s journey. In the past, these devices were simpler and recorded fewer data points. Today, they are highly sophisticated, computerized devices that record dozens of data points automatically.
While event data recorders are federally regulated, there is no federal law or regulation that requires these devices to be installed on every commercial truck. As such, it is possible that the truck in your accident did not have one. However, this is uncommon, and most truck manufacturers install highly sophisticated event data records.
The trickiest part about the data from these devices is obtaining it. First, the data must be processed so we can review it and understand it. Next, our Columbia, SC truck accident lawyers must get the data from the truck company that owns the truck, and they might not be very forthcoming.
What Kind of Data is Recorded by a Truck’s Black Box?
Black box devices record all kinds of information, and we might have to comb through a lot of data before we find anything useful in your case. Exactly what must be recorded is federally regulated under 49 C.F.R. § 563.7(a).
According to federal regulations, the device must record at least 15 different data points. These include, but are not limited to, vehicle speed, engine throttle, brake engagement, safety belt status, and air bag information.
Much of this data might be highly technical, and we might be unable to decipher it on our own. As such, we may need an expert to review the data and explain it in court so that the judge and jury can understand it.
How to Use Black Box Data in a South Carolina Truck Accident Case
The data may shed light on what the trucker was doing in the moments leading up to the accident. For example, speed is a very important data point that must be recorded, according to federal regulations. The black box might show us that the trucker was speeding at the time of the accident. On top of that, the black box might indicate that the trucker did not engage the brakes until the very last minute.
It may also be possible to impeach a witness using black box data. For example, the trucker might claim they hit the brakes when approaching a red light, but the black box data might show that they did not hit the brakes at all.
Is a Truck’s Black Box Data Admissible Evidence in Court?
We might find lots of evidence to support your claims in court, but not all of it might be considered admissible. To be admissible, evidence must adhere to the South Carolina Rules of Evidence. Generally, information from event data recorders installed in trucks is admissible in court.
To get access to this data and use it as evidence, we may need to ask for it specifically during the discovery phase of your case. During discovery, we may exchange relevant evidence with the defendant, and they may have to turn over this evidence whether they want to or not.
If the defendant wants to challenge discovery or simply refuses to comply, we may ask for help from the court. We can get a judge to compel discovery and make the defense give us the black box data.
Do We Need the Truck’s Black Box to Prove Your Claims?
Again, federal law does not require all commercial trucks to have black box devices. While these devices are very common, it is still possible to be involved in a crash with a truck that lacks this device. If that happens, we may still build a strong case for damages using other available evidence.
Other than the black box, various other evidence may be available. Witness testimony, medical records about your injuries, security camera and dashcam footage, and more might help us meet our burden of proof.
Remember, even when there is no black box, the accident will likely be investigated by the authorities, especially if people are severely injured or killed. The authorities will likely turn up a lot of important evidence that we can use.
Does Your Car Have an Event Data Recorder?
Trucks are not the only vehicles that have black boxes or event data recorders. Many personal vehicles, including standard cars, vans, and pick-up trucks, also have event data recorders. Even if the truck does not have a black box or we cannot access its data for some reason, we may still have access to yours.
According to the American Automobile Association (AAA), about 95% of newer vehicles produced have event data recorders. Since you own the vehicle, we do not need any special permission to access the event recorder data.
We might not be able to use this data to prove the defendant’s liability, but we may use it to prove important facts. More specifically, if the defendant accuses you of causing the accident, we can examine the data from your vehicle and potentially disprove the claim.
Contact our South Carolina Truck Accident Attorneys for Help with Your Case
Speak to our Cayce, SC truck accident attorneys to get a free case review by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
