Electronic Evidence in Truck Crash Claims

Frequently, the police accident report is the cornerstone of the victim/plaintiff’s evidence in a vehicle collision claim. But that’s not always true.

Even the most experienced emergency responder is not an accident reconstruction professional. Instead, first responders do the best they can with the limited information available at the time. Furthermore, if the victim was seriously injured or killed, the police accident report may be incomplete or inaccurate. In these situations, the report obviously contains only one side of the story.

There are two lessons here. First, even if the police say you were at fault, always have a Los Angeles personal injury attorney evaluate your case. Second, following most truck accidents, attorneys must look elsewhere for the evidence they need.

Types of Electronic Evidence in Trucking Accidents

Most large trucks have Event Data Recorders. EDRs are a lot like the black box flight recorders in commercial jets. Capacity varies by make and model, but generally, EDRs capture and record information like:

• Vehicle speed,
• Steering angle,
• Engine RPM, and
• Brake application.

This evidence could be extremely valuable in almost all vehicle collision claims. However, these devices are technically sophisticated. A lawyer needs the right tools and knowledge to access the information. You need a lot more than a screwdriver and a laptop. There are some other EDR issues as well, which are discussed below.

Moreover, all large trucks have Electronic Logging Devices. Trucking industry lawyers fought the ELD mandate all the way to the Supreme Court. They know what a game-changer the ELD can be in drowsy truck driver claims.

ELDs provide information about Hours of Service (HOS) compliance. Both California and the federal government have very strict rules about things like mandatory rest periods. Truckers who violate these laws and cause crashes may be responsible for damages as a matter of law.

For various reasons, fatigued driving is a serious problem among long-haul truck drivers. For example, most companies pay drivers by the load and not by the mile. Therefore, these truckers must stay behind the wheel as long as possible in order to make money.

Legal Issues and Challenges in Using Electronic Evidence

The electronic evidence in truck accident cases often resonates strongly with tech-savvy jurors. Many Los Angeles County courtrooms are equipped with HD monitors and advanced display equipment, which makes presenting this data even more compelling. Moreover, since these devices are not prone to human error, electronic evidence is often more reliable than testimony from human witnesses. This makes it nearly impossible for insurance company lawyers to successfully challenge electronic evidence, assuming the devices were functioning properly at the time of the crash.

However, the problem arises when this evidence is no longer available. Insurance companies frequently destroy totaled vehicles within a few days of the accident, which means both the EDR and ELD data are gone forever. To mitigate this risk, attorneys must act quickly by sending out spoliation letters to the insurance companies and truck owners. These letters create a legal duty to preserve all potential physical evidence, including electronic data, which can be crucial to a trucking accident claim.

Navigating Privacy Laws in Accessing Electronic Data

California has very strict vehicle information privacy laws, meaning attorneys often have to obtain specific types of court orders to access, download, and use electronic data from trucks involved in accidents. This can be a complicated and time-consuming process, and it requires a lawyer to have expertise in both California privacy laws and the technical aspects of electronic evidence.

The stakes are high, and the damages in a truck crash claim usually include both economic losses (e.g., medical bills, lost wages) and noneconomic losses (e.g., pain and suffering). Under the legal principle of respondeat superior, the company that owns the truck is typically held responsible for the damages caused by the crash. However, the presence of electronic evidence can make it much easier to prove fault and hold the responsible party accountable.

Spoliation of Evidence in Truck Accident Cases

In addition to spoliation letters, it’s also essential to preserve all other forms of evidence, including dashcam footage, witness testimony, and even cell phone records that may help establish the sequence of events. Without this evidence, it can be challenging to support your claim. In a commercial truck accident, the company that owns the truck may try to destroy or alter evidence in order to minimize its liability. That’s why it’s crucial to work with a Commercial Truck Accident Attorney who is experienced in handling complex truck accident cases.

Why You Need a Skilled Trucking Accident Injury Lawyer

The legal and evidentiary issues involved in commercial truck accident claims are complex. If you’ve been involved in a crash with a commercial truck, it’s important to have a lawyer who is experienced in handling these cases and understands the role of electronic evidence. A skilled Commercial Truck Accident Attorney can help you gather and preserve the evidence you need, investigate the cause of the accident, and build a strong case on your behalf.

Truck crash claims often involve extensive investigation and legal analysis to prove fault, determine liability, and calculate the proper amount of compensation. An experienced Commercial Truck Accident Lawyer will understand the nuances of these claims and can use electronic data to strengthen your case. This type of evidence can be a game-changer in proving that the truck driver or the trucking company was responsible for the crash.

Conclusion: Protect Your Rights After a Truck Accident

If you’ve been injured in a truck accident, it’s essential to have legal representation from an experienced Trucking Accident Injury Lawyer. These cases can involve complex legal issues, and electronic evidence can be a powerful tool in proving fault and recovering damages. However, you need to act quickly to preserve this evidence and ensure that your case is not compromised.

Contact a Commercial Truck Accident Attorney with experience in handling electronic evidence and investigating the cause of truck crashes. The Law Offices of Eslamboly Hakim can help you navigate the complexities of your truck accident claim and work to secure the compensation you deserve. Schedule a free consultation today to discuss your case and explore your legal options.