Black Box (ECM) Evidence in Mississippi Truck Accidents
Helping truck accident victims prove liability since 1982
Many new commercial trucks have equipment that collects some form of black box data. Black boxes can record crucial vehicle operation and event data immediately before a crash; location/route data may be available if the truck also has GPS/telematics/ELD location records. This information can be decisive in showing that a truck driver or a trucking company is responsible for your accident. Unlike subjective evidence (your version versus the truck driver’s version), black box data provides objective evidence of speed, braking, throttle, and related vehicle inputs, which may help support claims that the driver was inattentive, tired, or negligent when combined with other evidence.
At Merkel & Cocke, P.A., we understand how to preserve and analyze black box data and how to use that data to prove fault in court. Our Mississippi truck accident lawyers understand the unique challenges of handling truck accident claims. Call us today if you’ve been in a truck accident or a loved one died in a truck accident. We’re prepared to fight for all the compensation (medical bills, pain and suffering, lost income, and property damage) you deserve.
What is a truck black box (ECM)?
The Federal Motor Carrier Safety Administration (FMCSA) requires that commercial trucks have electronic logging devices (ELDs) to help track a driver’s hours of operation and other information, subject to certain exceptions. The FMCSA doesn’t require electronic data recorders (EDRs), but EDRs, when installed, can also provide crucial driving information, often in much more detail than ELDs.
Generally, the term black box refers to an EDR, which is usually integrated with the engine control module (ECM) of a truck. Black boxes help provide information about truck accidents, driver performance, and truck performance. Most modern commercial trucks have an ECM that may store event/engine data; the specific ‘EDR’ features and data available vary by make/model and configuration.
What data black boxes capture
Black boxes record the following types of data that can help show how truck accidents happen in Mississippi.
Speed, braking, and crash timing
Black boxes may record vehicle speed at specific intervals leading up to an event or crash (although the timing and resolution vary by make, model, and configuration). Showing that a truck was going 20 mph over the speed limit compared to going at the speed limit can be the difference between a successful liability claim and an unsuccessful liability claim.
ECM data can also show if and when the driver applied the truck’s brakes, and how hard the brakes were applied. This evidence can help show if a driver was tired, distracted, or impaired. For example, a delay between recognizing a hazard and applying the brakes may indicate that the driver was impaired or tired, while a failure to apply the brakes at all may indicate that the driver was distracted.
Hours of service
ELDs record how many hours the driver was driving a truck, which can help show that the driver was likely too tired to be behind the wheel.
Engine performance
ECM data from truck crashes can help show if the engine wasn’t working properly, the brakes weren’t functioning, or if other fault codes/diagnostic codes indicated maintenance was needed.
Types of data
Some of the other data that black boxes or truck accident data recorders can capture, in addition to the speed of the truck and brake usage, include:
- Whether the truck was accelerating or decelerating at the time of the impact
- Any cruise control settings
- Throttle position
- Steering position
- Tire pressure
- Seatbelt usage
- Engine RPM
- GPS information
- Engine warnings and fault codes
- Diagnostic trouble codes
- ELD information
Why black box data is critical evidence
Black box data and ELD data combined can provide evidence relevant to whether the driver complied with FMCSA hours-of-service rules, was speeding or driving recklessly, or braked improperly. Police reports, weather records, and video evidence can help show the road and weather conditions at the time of the accident. The data can help disprove or show the lack of credibility of any assertions or statements by the driver that they were driving safely.
Our Mississippi truck accident lawyers work with specialists, such as traffic reconstruction experts, who can analyze the black box data and other information, to show how the accident happened and why the truck driver (or a trucking company) is liable.
How black box evidence is preserved
You must work with lawyers who can move quickly when truck accidents happen to preserve the black box data and analyze the data properly.
Generally, ECM/EDR data is controlled by the truck’s owner and/or the motor carrier/operator, depending on ownership/lease and system configuration. That means that we typically request the data through discovery (and may use subpoenas for non-parties). If the carrier resists, we can ask the court to compel production and set protocols for a download/inspection. The trucking companies, on their own, are unlikely to voluntarily provide the data unless they think the data protects them.
If the data isn’t reviewed promptly by qualified professionals, the data could be overwritten or destroyed. The accuracy of ECM data may depend on the black box’s condition and sensors.
The spoliation letter
At Merkel & Cocke, P.A., we send a “spoliation letter” as soon as possible after we begin our representation (which is why you need to contact us immediately), demanding the preservation of ECM/black box data, ELD logs, dispatch communications, GPS data, dashcam or other camera footage, cell phone records, and other critical information.
Trucking companies that fail to comply with a spoliation letter may face court-imposed remedies (including possible adverse-inference instructions) particularly where evidence is intentionally destroyed or withheld; the remedy depends on the circumstances and the court’s discretion.
The examination of black box data includes using trained technicians to physically access the truck’s ECM and access the software that stores the black box data. Generally, technicians access the data while traffic reconstruction experts, who are skilled at speaking to juries, evaluate the data, prepare reports, and testify about the data in language that nontechnical people can understand. We also ensure that the chain of custody of the data is preserved.
Why do you need a lawyer quickly?
As we discussed above, black box data can be the difference between winning and losing your case. Trucking companies may try to overwrite black box data or make it inaccessible. Accomplished truck accident lawyers understand how to preserve black box data, how to analyze the data, and how to provide a narrative about why that data shows that a truck driver and/or truck company is liable for your truck accident.
Do you have a Mississippi black box truck accident lawyer near me?
Yes. We have offices at the following locations:
- Clarksdale Office. 30 Delta Avenue
- Greenville Office. 540 Main Street, ICON Building, Suite 302
- Jackson Office. 2630 Ridgewood Road, Suite D
- Meridian Office. 2121 5th Street, Suite 205
- Oxford Office. 2084 Old Taylor Road, Suite 110
Our attorneys consult with new clients by phone, through online video, and in person when necessary.
We can answer your questions and guide you through the claims process.
Speak with our respected truck accident lawyers now
At Merkel & Cocke, P.A., we have working relationships with traffic reconstruction experts, truck safety experts, and investigators who can help show who is responsible for your truck accident and why they’re responsible. We review physical evidence, like black boxes, and verbal evidence, like eyewitness testimony, to help prove your claim.
Please call us or fill out our contact form to schedule a free consultation. We handle truck accident cases on a contingency fee basis.