How Black Box Data Can Strengthen Your Texas Truck Accident Claim

In this article, you will discover:

• How black box data is used in Texas truck accident cases.
• Who has access to black box data following a Texas truck accident.
• What happens if a trucking company in Texas fails to preserve or release black box data in a Texas truck accident case.

What Is Commercial Truck Black Box Data, And How Is It Used In Truck Accident Cases?

“Black box data” is a broad term. Many companies manufacture black boxes.

Black boxes store a large amount of data. Trucking companies don’t necessarily equip their vehicles with them in anticipation of car accidents. Still, they track the vehicle’s usage, where it’s going, how fast it’s moving, hard braking, seatbelt use, and even the driver’s attention to the road. For example, if the driver swerves on the road, that will be registered by the black box.

Other tracked data includes:

• RPM of the vehicle
• Cellphone use
• How loud the radio is
• How often cruise control is used
• Engine hours
• Hard acceleration

The black box gives you a detailed picture of how the vehicle is used and of the driver, including their habits. In these cases, if you can secure that data for an extended period of time, you’ll have a clear picture of the driver’s habits, which could help your case significantly.

If you’re alleging that the driver was negligent, you can show that they’ve been driving this way for a long time, that it wasn’t a mistake, and that it wasn’t a one-time situation. All of that information will support claims against the carrier itself for employing a certain driver. If they were aware that they have a history of poor driving or poor maintenance of the vehicle, you’ve got a claim against the carrier, too.

Attorney Joseph Fierros is an experienced lawyer based in San Antonio, Texas, who has helped numerous clients like you navigate the intricacies of personal injury law. With years of experience, he is prepared to assist you in collecting and presenting black box evidence to support your pedestrian injury claim following a truck accident so that you receive a full and fair recovery of compensation for the injuries you’ve suffered.

Still have questions? Ready to get started? Contact Fierros Law, PLLC today to schedule an initial consultation.

Who Controls Access To A Commercial Truck’s Black Box Data After An Accident?

In some situations, you have an operator who doesn’t own the truck. Typically, the company that owns or leases the truck has access to the black box data because they purchased and equipped their vehicles with it, and they monitor the data in-house.

How Can Black Box Evidence Strengthen Settlement Negotiations In A Truck Accident Claim?

If black box evidence that helps your case comes from the negligent party, there’s not much they can argue. If there are clearly things they’re doing wrong and they’re recording this data, then it absolutely gives you the upper hand.

As far as negotiations go, this evidence is almost always admissible at trial, and they know it. They know a jury will see it at some point, and their risk of having a bad day at trial increases dramatically.

What Legal Challenges Arise If A Trucking Company Refuses To Preserve Or Release Black Box Data?

Typically, you move to compel black box data from them. There’s no reason why they shouldn’t produce it. It is relevant, discoverable and, more often than not, ultimately admissible.

It’s difficult for the defendant to hide that data if they have it. If a company has that information and deletes it, or pretends they lost it, you can obtain a spoliation order, a particular rule here in Texas that can be vital to your case.

A spoliation order is an instruction to the jury informing them that evidence existed but was lost or destroyed. While no one may know exactly what the evidence showed, the jury can assume by the defendant’s actions that it was definitely harmful to them.

For that reason, many trucking companies would simply hand the data over as they should and deal with the repercussions, rather than risk the jury assuming the absolute worst.

Still Have Questions? Ready To Get Started?

For more information on black box data for trucks in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (210) 305-7157 today.