At every truck crash site, there is almost always plenty of ample evidence that can determine who was responsible for the crash and how the crash occurred – if you know where to look. But beyond the typical indicators such as damage, security footage, and police reports, the truck itself often holds a great deal of information through recording devices such as Event Data Recorders (EDRs) and Logging Devices (ELDs).
Unfortunately, gaining access to these devices and the essential information that they hold can require a lot of resources, including special tools and permission from the trucking company or a court order like a warrant or subpoena. At Frank Azar Car & Truck Accident Lawyers, our Denver truck accident attorneys can assess data recorded in commercial truck mechanisms as well as other evidence located at the crash site.
What Event Data Recorders Can Tell Us About an Accident
Event Data Recorders (also known as “black boxes“) are devices that are automatically installed in most commercial (and non-commercial) vehicles. The device is typically located near the vehicle’s airbag and continuously records data in commercial trucks including:
- Speed
- Brake application
- Throttle position
- Engine performance
- Velocity and impact force during a crash
- Steering inputs
- Seatbelt use
- Whether or not the truck’s door was closed
Similarly to security cams, EDRs record and timestamp this data, but they only do so on a continuous loop and will re-record over older data. This means that if a crash occurs, the data available from the crash date will eventually be lost, which is why it’s essential for injured parties to get access to the data as soon as possible. The only problem is that in Colorado, EDRs can only be accessed with a warrant or court order, meaning that you need to hire a lawyer if you hope to access the EDR of a commercial truck.
It’s also worth noting that the owner of the truck (whether that’s the driver or trucking company) can access and manually delete EDR data essential to building a personal injury case. If you’ve been hit by a truck in Denver, contacting a lawyer needs to happen as soon as possible due to the risk of losing this data.
What Information Is Stored in an Electronic Logging Device?
An Electronic Logging Device also automatically records data during the operation of a commercial truck. They are also sometimes referred to as a “black box,” but they have slightly different functions from EDRs. The primary purpose of an ELD is to record:
- Hours of Service: ELDs record who’s driving the truck and at what times.
- Record of Duty Status: The device records when a driver clocks out, goes to sleep, stops for a break, or ends the route.
- Location: ELDs have a built-in GPS that records where a driver travels at every 60-minute interval.
Another difference between EDRs and ELDs is that ELDs are federally mandated, so there’s a very good chance that a truck will be equipped with one if you’re hit. However, like an EDR, you’ll still need a lawyer to subpoena the data. They also do not record crash data such as velocity or impact speed, but they may have information on where and when the crash occurred and the identity of the driver.
Other Evidence You Can Use in a Denver Truck Accident Claim
Beyond recording devices like ELDs and EDRs, there are also plenty of other forms of evidence that our Denver injury firm can use to build your case. Some of the more common ones are:
The Condition of the Truck and its Driver
When a commercial truck and another vehicle collide, there’s almost always at least some damage to the truck itself. Where the damage is located can tell a lot about how the crash may have happened and who may be at fault. For example, if the front end of the truck is significantly damaged, it could indicate that the truck driver was at fault for not stopping in time, possibly due to speeding or failing to maintain a safe following distance.
The trucker’s condition can also be an indicator of fault, especially if aggressive driving or DUI is suspected. If a driver has slurred speech, has difficulty walking, or is acting in an erratic or aggressive manner, taking a video recording may help later on when your lawyer builds your case. If the driver has had issues with substance abuse in the past or is required to take a scheduled drug test, our firm may be able to subpoena the trucking company’s records to show the driver had a pattern of driving under the influence.
The Truck’s Cargo
Overloaded trucks, improperly secured cargo, or hazardous materials that were not properly marked or contained can all contribute to accidents. For example, an overloaded truck can affect the driver’s ability to control the vehicle or lead to tire blowouts. Additionally, unsecured cargo can shift during transit, causing the truck to lose stability and tip over.
Trucking companies (and the truckers themselves) are federally required to record their cargo and weights and are subject to inspection. If there’s any suspicion that improperly loaded cargo may have caused your accident to take place, our firm can potentially use these records in your case.
Maintenance Records and Inspection Reports
In addition to cargo records, trucking companies are also required to keep detailed maintenance records for all vehicles in their fleet. These documents outline the vehicle’s history, including routine maintenance, repairs, and any past issues that could have been a factor in the accident such as brake, steering, tires, shocks, or engine issues. Additionally, pre-trip inspection reports, which drivers are required to complete before every trip, detail any issues found with the truck before it hits the road. If the driver failed to report or address serious issues, it could suggest fault.
How Frank Azar Car & Truck Accident Lawyers in Denver Can Help
While there may be evidence at the crash site that you or the responding officer can safely record (such as witness statements or photos of damage), there are also highly detailed evidence sources located in the truck’s data recording devices and within the trucking company’s records that can only be recovered through a lawyer.
Our Denver truck accident lawyers not only have the ability to file requests for these forms of evidence through the court, but we also have decades of experience litigating truck accidents and are familiar with local and state laws surrounding truck accidents and evidence collection. Moreover, we can file paperwork and communicate with the necessary parties on your behalf so that you can focus on your recovery and tending to your injuries following your accident.
Call Our Denver Truck Accident Lawyers Today to Get Started
As we’ve gone over, recovering the data recorded in trucks during an accident may be lost if too much time passes following your accident. If you or a loved one has been affected by a Denver truck accident, contact Frank Azar Car & Truck Accident Lawyers today for a free consultation or stop by one of our many offices located throughout Colorado.
