The 48-Hour Warning
Most modern trucks are equipped with systems that auto-overwrite data after a certain period or number of engine cycles. Sometimes, this window is as short as 48 hours.
If we do not send a Spoliation Letter immediately, the 'Black Box' data could be gone forever.
Step 1: The Spoliation Letter
The first thing we do—often within hours of you hiring us—is send a certified legal document called a Spoliation Letter to the trucking company, their insurer, and the driver. This letter puts them on formal notice that litigation is pending and that any destruction of evidence will be treated as an admission of guilt in court.
Step 2: The Black Box (ECM) Download
Just like an airplane, 18-wheelers have a "Black Box" or Electronic Control Module (ECM). This computer records data that the driver cannot fake:
- Speed at Impact: Was he speeding?
- Brake Application: Did he never touch the brakes?
- Throttle Percentage: Was he accelerating?
- Cruise Control Status: Was he on autopilot in the rain?
We hire forensic experts to physically plug into the truck and download this data before it is wiped.
Step 3: The "DQ File" Audit
Federal law (FMCSA) requires trucking companies to maintain a Driver Qualification (DQ) File. We subpoena this file to find:
- Did they hire a driver with a history of DUIs?
- Did they ignore a failed drug test?
- Was the driver medically disqualified (e.g., severe sleep apnea)?
If the company hired a dangerous driver to save money, we sue the company for Negligent Hiring.
Step 4: The Scene Inspection
We send accident reconstructionists to the scene to drone-map the area. We look for:
Gouge Marks
Scratches in the pavement that prove exactly where the impact occurred (disproving "he crossed the yellow line" lies).
Fluid Trails
Radiator fluid patterns that show the path of the vehicles post-impact.