Why Trucking Companies Often Object to the Use of Black Box Evidence
Most commercial trucks are not equipped with some form of “black box” recorder, but not all trucking companies or truckers fully support their use—a sizeable number of trucking companies fight black box evidence when personal injury attorneys seek to introduce it at trial. Why are some truckers and truck companies opposed to the use of this evidence?
Black Box Recorders Almost Universally Used by Commercial Truckers
Though the Federal Motor Carrier Safety Administration requires that most motor carriers and drivers have electronic logging devices (ELDs or “black boxes”) on board, there are some exceptions allowed and some drivers or their companies simply ignore the rules. These devices can potentially record a wide range of data, including location, speed, miles traveled, use of brakes or steering mechanisms, use of cruise control, engine RPM and throttle position.
Why Trucking Companies Fight Black Box Evidence
Not surprisingly, some trucking companies oppose the introduction of black box evidence because it’s so compelling. Often, particularly when a driver has been negligent or a trucking company has failed to act reasonably, the defendants in a personal injury claim seek to argue that there were multiple causes and many uncertainties contributing to an accident. The black box evidence, though, is often incontrovertible. Studies also show that, when the black box evidence clearly shows violation of FMCSA regulations, juries tend to award higher dollar amounts. Black box violations by companies or drivers also typically increase bargaining power when negotiating a settlement.
Let Us Help Protect Your Rights after a Texas Truck Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have suffered any type of injury in a trucking accident. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Motor Vehicle Accident Cases Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma