Personal injury attorneys In THE ATLANTA METRO AREA

Truck Accident Injury Lawyers in Atlanta, GA

Evidentiary Challenges Facing People Injured in Truck Crashes

Disputes pertaining to fault and accident causes are common in all types of auto accident cases, including truck accident claims. One of the ways in which truck accidents are unique is the type of evidence that may be available to establish negligence or recklessness.

Data from onboard computers, driver tracking software records and trucking company records are not necessarily permanent. Although evidence that may be relevant to ongoing claims or litigation is technically supposed to be preserved, “mistakes”, including the “accidental” deletion of data, are not unheard of.

There are a few important things an experienced Atlanta truck accident lawyer can do in regard to this evidence:

• They can help identify and find it in order to bolster your case
• They can take steps (like sending a spoliation letter to the trucking company) to prevent its destruction
• They can combine data with other evidence, such as past complaints and infractions, to establish a pattern of negligent or reckless behavior

Onboard Truck Computers

Electronic control modules (ECMs) have been built into all types of vehicles for more than 20 years, but the versions in the average commuter vehicle (often just an engine control unit, or ECU) are nowhere near as complex as the ECMs in commercial trucks. The onboard computers in trucks are often referred to as black boxes because they share many similarities with the crash-proofed data-recording devices in aircraft. They can retain all types of information, including vehicle speed, brake usage, gear shifts, hours of service and diagnostic information like fault codes.

In other words, the ECM may have recorded exactly what the truck was doing when the accident occurred and even identify part defects or failures that may have contributed to the crash. If there are disputed accident narratives, the ECM can provide an unfalsifiable and clear accounting of what the driver was doing when the crash occurred. 

Not all trucks have uniform ECM data sets, and the software and tools needed to access that data are often proprietary to the manufacturer. It may also take specialized skills and knowledge to accurately interpret the available data.

ECMs don’t have infinite data storage, meaning old data is overwritten with new data on a regular basis. The rate at which data is overwritten is dependent on how much the truck is driven. This makes securing the data a time-sensitive matter, especially if the truck is engaged in heavy use.

Driver Tracking Software

Most trucking companies and many businesses with fleet vehicles employ driver tracking devices and software. While this type of data is often used internally for performance tracking and enhancing driver efficiency, it can provide invaluable information after a truck accident.

Information about the driver’s behavior, the route they took and the truck’s speed and stops can provide invaluable context for truck crash claims. Was the truck driver speeding? Had they been on the road without a break for longer than is legally permissible? Driver tracking software can provide important context for truck crash investigations that may bolster the strength of your claim.

Any trucks involved in interstate commerce and any drivers who log Hours of Service (HOS) are required by federal law to have an electronic logging device (ELD). If you’re involved in a truck crash with these types of vehicles or drivers, there should be driver tracking data available. However, the companies that record the data are only required to keep the records for six months.

Although data relevant to a truck crash, litigation or an active claim should technically be kept beyond the normal six-month minimum, that doesn’t always happen without steps being taken to preserve the evidence.

Company Documentation

Most businesses have records pertaining to their operations and the job performance of employees. Trucking companies are no different. They should have driver logbooks, safety records and maintenance records for their drivers and fleet vehicles. Some evidence, like logbooks or safety records, can be used to ascertain trends or aberrations, while maintenance records could be vital if an equipment failure contributed to a truck crash.

As is the case in all types of auto accidents, the more evidence your legal team is able to compile, the better your chances of fair recovery will be. Like driver tracking records, logbooks and duty status records must be kept for at least six months. Maintenance records and inspection reports must be kept for at least 12 months.

Evidence Won’t Last Forever After a Truck Accident in Atlanta

There’s a common attribute shared by these types of truck accident evidence – they all have a shelf life. The length of time trucking companies are legally required to preserve these records is variable. The statute of limitations for bringing a truck accident claim in Georgia is two years, but waiting for two years to file will likely mean a lot of the valuable evidence has been overwritten or deleted.

Taking fast action is vital after a truck crash. Don’t let evidence that could clearly establish fault be destroyed or lost due to inaction – call the Law Office of Rickard, Drew & Nix at (404) 588-1001. We’ll act fast to preserve evidence and build a compelling case.