A collision with a commercial truck on an Alberta highway can change your life in seconds. Trucks are the heaviest vehicles on our roads, and even a relatively minor impact can have catastrophic consequences for ordinary vehicles and cause severe injuries that change accident victims’ lives forever.
In 2023, some 113 medium-to-large trucks and 68 commercial vehicles were involved in accidents that resulted in major injuries or fatalities on Alberta roads, accounting for 8 percent total of all collisions that year. When accidents happen, there may be few eyewitnesses and no surveillance cameras, potentially making it hard to understand what led up to the accident. This is where black box data can help an Alberta truck accident lawyer build a strong case for fair compensation.
At Grover Law Firm, our dedicated truck accident attorneys leave no stone unturned as we fight to build strong cases on behalf of truck accident victims. Read on to find out how black box data and the right truck accident lawyer could help you recover the compensation you need to get your life back on track.
What Is a Black Box in a Truck?
“Black box” is a generic term applied to various computerized systems that record information about commercial trucks. They can be used to monitor the truck’s status as well as the driver’s driving behaviour. Some black boxes record all the time, while others only kick in when they detect an accident in progress.
There are three main computer systems that trucks can be equipped with, which fall under the umbrella of black boxes.
Event data recorders (EDRs)
This is the type of device most commonly understood to be the “black box” in a commercial truck. It monitors various systems and records key data in the moments leading up to a truck accident.
Black box data can provide insights into the following:
- Sudden deceleration
- Heavy braking
- Activation of the seatbelt tensioners
- Deployment of airbags
- Speed
- Application of the clutch
- Wheel turning
- Whether the engine warning lights were on
The information recorded by a black box can prove crucial. It can help a truck accident lawyer build a clear picture of exactly what happened in the moment leading up to an accident. Thus, he or she can determine who is liable and build a strong case for fair compensation.
Electronic control modules
Electronic control modules (ECMs) are the “brains” of modern truck engines. These computers control everything from the brake systems to the transmission. While they do not play a specific role in truck accidents, they are responsible for highlighting engine faults and other issues. Information from ECMs could prove helpful in proving whether mechanical failures were involved in your accident.
Electronic logging devices
Electronic logging devices (ELDs) are monitoring tech that logs truck drivers’ hours of service. In Canada, all commercial truck drivers are governed by the federal Commercial Vehicle Drivers Hours of Service Regulations. For example, a commercial driver may drive a maximum of 13 hours a day or be on duty a maximum of 14 hours per day.
ELD records could be vital in a truck accident case. For instance, if the driver who hit you broke the law and exceeded his or her maximum driving or on-duty hours, then your truck accident attorney may argue that fatigue played a part in your accident.
The Role of Black Box Data in Alberta Truck Accident Cases
EDR data provides impartial, objective evidence that can help your Alberta truck accident lawyer establish what caused your crash and who was at fault. However, to give you the best chance of recovering fair compensation, your legal team must prove the following, as they should in all truck accident cases:
- Duty of care: The first element is the easiest to prove. Your attorney must establish that the truck driver had a duty of care toward you – a responsibility to operate the truck in a way that would keep you safe. By getting behind the wheel, the commercial driver accepted this duty, which includes following traffic laws and remaining focused while driving.
- Breach: The driver’s negligence breached the duty of care he or she owed to you by driving the vehicle on public roads. This could refer to negligence prior to driving, such as failing to complete a necessary safety check, or misbehaviour while driving – driver fatigue, distracted driving, violating traffic laws, and the like. Black box data could prove crucial in proving that the driver drove recklessly in the moments leading up to your accident.
- Causation: This element demonstrates that the negligent actions of the truck driver were the direct cause of your injuries. If the black box records sudden acceleration, a sudden change in direction, or other erratic behaviour on the part of the truck driver, this may strengthen your claim and indicate that your injuries were sustained as a direct result of the truck driver’s actions.
- Damages: The injuries you suffered must have resulted in financial losses for which you are entitled to receive compensation. In Alberta, you may get economic damages, which are for your out-of-pocket expenses resulting from your accident. There is a cap on pain and suffering damages in Alberta if your injuries are minor. However, if you sustained severe injuries that affected your quality of life, then there is a much higher threshold for these damages.
Although we have referred to the driver in the example above, the trucking company and the truck or engine manufacturer may also have a duty of care toward you. If poor maintenance, lack of driver training, inadequate hiring practices, or mechanical failures were at play, one of these parties could also be partially or fully liable for your accident. Black box data could help reveal issues that would not be apparent from other forms of evidence.
Securing black box data after a truck collision
Getting hold of black box data after truck accidents is not easy, and it is vital to talk to a truck accident lawyer as soon as you can. Your attorney will contact the vehicle owner to preserve the data and provide him or her with a copy.
The good news is that black box data is designed to be very difficult to disable or delete. If the vehicle owner somehow fails to retain the data or refuses to hand it over, your truck accident attorney will advise you on your legal rights.
Reading and interpreting black box data
One challenge of working with black box data is that it cannot be accessed or interpreted without specialized training. The law firm you hire may work with accident reconstruction experts to download and interpret the data.
Accident reconstruction experts can use black box data along with other types of evidence to build a clear picture of what happened in the moments before your accident. Qualified experts can testify in Alberta courts, using scientific modelling to demonstrate how the accident happened. Your truck accident lawyer can use their evidence to build a strong case for liability.
The Unique Value of Black Box Data
Black box data may be tough to access, but once you get to it, it has the potential to strengthen the injured party’s case significantly. The data can settle questions of liability beyond a reasonable doubt. While eyewitnesses may forget key details and dashcam footage may be blurry, EDR data comprises cold, hard facts.
Black box data’s strengths include:
- Providing specific data, including speed and driving behaviour, second by second, before the crash
- Clarifying inconsistencies in witness statements
- Revealing other factors (such as wheels locking while skidding on ice) which contributed to the accident
- Proving how the impact occurred
The importance of black box data underscores the importance of choosing an experienced Alberta truck accident lawyer who keeps abreast of the latest technological developments. Such an attorney can explain how to access black box data and knows how to use it effectively as he or she fights for fair compensation on your behalf.
Do Not Settle Before Reviewing Black Box Data
Never accept a settlement in a truck accident case until a truck accident lawyer has reviewed the black box data and given you tailored legal advice. Remember, if the insurance company or vehicle owner is keen to settle fast, that likely means they know they are liable and will seek to stave you off with a low-ball settlement.
On the other hand, an experienced Alberta truck accident lawyer is 100 percent on your side. Your attorney will take the time to review the data, potentially consult expert witnesses or accident reconstruction services, and build a strong case to prove liability and your right to fair compensation.
Why Work With a Truck Accident Lawyer in Alberta
With so much electronic evidence now available, you may wonder whether you really need to hire an Alberta truck accident attorney to fight your case. Well, while technology has moved on, insurance companies have not. They still have one aim: to pay you as little compensation as possible.
However, when you hire an experienced Alberta truck accident lawyer, he or she brings the following benefits that give you the best chance of success:
- Crucial legal knowledge: Truck accidents are typically complex. Not only do they cause catastrophic injuries, but since they are commercial vehicles, there may be multiple liable parties involved. An experienced truck accident lawyer can apply his or her extensive knowledge of federal and provincial law to untangle these complexities and determine the strongest route to compensation.
- Case-building experience: Black box data can be crucial in trucking accidents that cause severe injuries and involve several parties. However, they are not the only type of evidence your legal team must consider. Experienced Alberta truck accident lawyers will examine a wide range of evidence to build the strongest possible case for liability.
- Handle challenging negotiations: Negotiations with the insurance company can be bruising encounters. No car accident victim should attempt to handle these alone. Instead, let your truck accident lawyer do the heavy lifting and play hardball in negotiations on your behalf.
- Calculate fair compensation: Severe injuries can require months or even years of medical treatment and rehabilitation. You may be left with permanent disabilities and mental health challenges as you adjust to a new way of life. The insurance company does not care about your long-term well-being, but your truck accident lawyer does. Your attorney can conduct a thorough investigation into your injuries to calculate fair compensation that can help you get your life back on track.
Now you know you need a truck accident lawyer, all you have to do is find the right one.
Trust Grover Law Firm With Your Truck Accident Case
Trucking accidents are complex and cause serious injuries. Black box data could be the key to proving why your accident happened and helping you secure the compensation you need.
Do not let your chance to obtain crucial black box data slip through your fingers. Talk to an experienced Grover Law Firm truck accident attorney as soon as possible after your truck accident. Our lawyer will listen carefully and explain your legal options.
We have already secured 6-figure settlements for trucking accident victims – how much could your case be worth? Schedule a free consultation with Grover Law Firm today to find out. Call [phone number] or contact us online and explore your legal options.