Every commercial truck built after 1995 contains an Electronic Control Module (ECM) — often called a "Black Box." This device records critical data about the truck's operation in the moments before a crash.
What the Black Box Records
The ECM captures data that can prove or disprove whether the driver was negligent:
- Speed: How fast the truck was traveling (compared to posted limits)
- Braking: When the brakes were applied and how hard
- Throttle Position: Whether the driver was accelerating at impact
- Engine RPM: The engine's performance at the time of crash
- Hours of Operation: How long the truck had been running (cross-referenced with logbooks)
The Danger of "Spoliation" (Evidence Destruction)
Federal regulations require trucking companies to keep logbooks for 6 months. However, there is no federal requirement to preserve Black Box data indefinitely.
Many trucking fleets have systems that automatically overwrite old data as the truck continues to drive. If the truck is repaired and put back on the road, the crash data may be lost forever. In some cases, unscrupulous companies may deliberately "flash" or reset the ECM.
Stop Evidence Deletion Today
We send a "Spoliation Letter" via certified mail immediately upon being hired. This legally forces the trucking company to preserve the truck, the ECM data, and the driver's logs. If they destroy it after receiving this letter, we can tell the jury they are hiding guilt.
Send Preservation LetterHow We Extract the Data
You cannot simply plug a laptop into a semi-truck and download the data. It requires specific software and hardware for that engine make. At Hicks Law Firm, we hire forensic engineers to travel to the salvage yard, physically connect to the ECM, and perform a "forensic download."
This data often contradicts the driver's story. The driver may say, "I was going 65 mph and he cut me off." The Black Box often reveals, "The truck was going 78 mph and never applied the brakes."
Conclusion
If you or a loved one has been involved in a trucking accident, time is your enemy. The trucking company's insurance adjusters are already on the scene. You need an attorney who knows how to secure the digital evidence before it is erased.
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