The evidence that wins truck cases
Commercial trucks record far more than cars do. The challenge is getting it before it's gone.
What we go after
| Evidence | What it can show | Who holds it |
|---|---|---|
| Engine control module ("black box") | Speed, braking, throttle, cruise control, sudden deceleration | Carrier / truck owner |
| Electronic logging device (ELD) | Driving and duty hours, rest breaks, hours-of-service violations | Carrier, ELD vendor |
| Dashcams | The road ahead and, with driver-facing cameras, phone use or drowsiness | Carrier, camera vendor |
| Driver qualification file | License, medical certificate, driving history, prior employers | Carrier |
| Drug & alcohol testing | Post-crash and random test results | Carrier, testing provider |
| Inspection & maintenance | Brake, tire and equipment condition and repairs | Carrier, repair shops |
| Dispatch, GPS & messages | Schedules, routes and pressure to deliver on time | Carrier, broker |
Why time matters
Some records only have to be kept for a limited time under federal rules, and onboard systems can overwrite data as the truck keeps operating. Hours-of-service records, for example, generally only have to be kept for six months. Video from nearby businesses is often deleted within days.
The preservation letter
A preservation letter puts the trucking company and others on notice to keep specific evidence. In Georgia, a party that destroys evidence after it should have expected a lawsuit can face court sanctions. That makes an early letter one of the most valuable steps in a truck case.
Inspecting the truck
Where needed, we arrange for experts to inspect and download data from the truck, and to reconstruct the crash. We also request the carrier's safety history from public federal databases.