Electronic Evidence in Truck Crash Claims

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Auto Accident

The number of large truck crashes is on the rise, in part because of the number of inexperienced drivers who are behind the wheel. According to the American Truck Driver Association, the current 80,000-driver shortage could reach 160,000 by 2029. These large vehicles are difficult for even experienced operators to handle. An inexperienced driver could cause a high-speed crash that leaves little but charred wreckage behind. 

The lack of eyewitness and physical evidence could be a problem when such cases go to court. But an experienced Marietta personal injury attorney knows how to overcome such problems and turn lost opportunities into new opportunities. Frequently, electronic evidence survives even the worst and most destructive wrecks. Furthermore, most tech-savvy Cobb County jurors embrace electronic evidence and give it even more weight than some other kinds of proof.

Event Data Recorder

A commercial jet’s black box flight data recorder tracks critical mechanical information that helps investigators determine the cause of an airplane crash. Similarly, an Event Data Recorder measures and records critical information that helps a Marietta personal injury lawyer build a solid negligence case. This information includes:

  • Vehicle speed,
  • Brake application,
  • Steering angle, and
  • Engine RPM.

EDR proof is more precise than other forms of proof. An eyewitness might testify that a truck was speeding. An EDR shows that a truck was traveling 67.8 mph. EDR proof is also more reliable than other kinds of proof. Assuming the gadget was working right, a computer is never incorrect or biased.

This critical information is only available if a Marietta personal injury lawyer acts quickly and decisively.

Georgia has strong vehicle data privacy laws. Some federal vehicle information privacy laws are even stronger. So, unless judges issue court orders, EDR information is usually off-limits. Access alone is not enough. Large truck EDRs are very sophisticated. Only a lawyer with the proper technological tools and know-how can tap into the data and download it.

This discussion assumes the EDR exists. As mentioned, these gadgets usually survive crashes. However, most insurance companies quickly and completely destroy most wrecked vehicles, including the EDRs. Therefore, a lawyer must almost immediately send a spoliation letter to an insurance company. This legally-enforceable document orders the insurance company to preserve all potential physical evidence, including the EDR, for future inspection.

Electronic Logging Device

ELDs, which automatically record HOS (hours of service) compliance, are especially important in drowsy truck driver claims, as well as some substance abuse claims.  

State and federal laws cap the amount of time a trucker can drive per day and per week. If a tortfeasor (negligent driver) breaks these laws and causes a crash, the tortfeasor could be responsible for damages as a matter of law, whether or not regulators enforce these rules.

In ordinary negligence cases, ELD data is a key piece of circumstantial evidence. Because of the nature of electronic evidence, as discussed above, it’s often critical to proving negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Driving after 18 consecutive awake hours is like driving with a .05 BAC level. That is above the commercial driver legal limit in Georgia. To counteract the effects of fatigue, many truckers use amphetamines. These drugs only make drivers feel more alert. They do not address clouded judgment, slow reflexes, and the other underlying effects of fatigue. Furthermore, the user often crashes hard and fast when the drugs wear off.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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