As late as the early 2000s, most truck drivers were experienced operators who hauled manageable loads on reasonable schedules. Those days are over. Mostly because of the ongoing truck driver shortage, many of these operators have little experience. Fewer drivers mean heavier trucks which must meet demanding schedules. As a result, the number of large truck accidents has increased 48 percent since 2009.

These accidents often involve catastrophic injuries, such as severe head wounds. Memory loss is a common head injury symptom. So, many of these victims don’t remember much about the crash. Others are unable to take the stand and tell their stories. Either way, a vital piece of the evidentiary puzzle is often missing.

To fill in the gap, Philadelphia personal injury lawyers often turn to electronic evidence. Such proof is usually very effective in court. Unfortunately, such proof is also difficult to obtain. There are some significant legal and practical hurdles to overcome.

Evidence in Civil Cases

A victim/plaintiff usually has the burden of proof and the burden of persuasion in a vehicle collision or other negligence case. 

The burden of proof is a preponderance of the evidence, a legal term which means “more likely than not.” Imagine there are two equally sized stacks of paper. If someone moves a single sheet from the left to the right, the stack on the right is larges than the one on the left. That’s a picture of the preponderance of the evidence.

This standard of evidence is one of the lowest standards in the law. However, if a victim/plaintiff presents the minimum amount of evidence, the result is usually the minimum amount of compensation.

Philadelphia personal injury lawyers must also account for the burden of persuasion. The more evidence presented, the more likely jurors are to side with the victim and award maximum compensation. Additional evidence also helps refuse some common insurance company defenses, like comparative fault.

The compensation in a truck wreck claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Event Data Recorder

Pretty much all vehicles on the road, including semi-trucks, have EDRs. These gadgets resemble the black box flight data recorders in commercial airliners. Federal investigators usually rely on black boxes to help them find out what caused a plane crash. An EDR does basically the same thing. Depending on the make and model, most EDRs measure and record information like:

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

A skilled attorney, often in partnership with an accident reconstruction engineer, can use these bits of evidence to assemble a clear model for jurors.

Large truck EDRs are very sophisticated devices. Attorneys usually need special tools to access these gadgets and download the information they contain.

That’s assuming the EDR is available to begin with. Unless a lawyer acts quickly, that might not be the case.

Most insurance companies destroy wrecked trucks almost immediately after an accident. If that happens, the victim/plaintiff loses any physical evidence, including the EDR, that was on the truck. So, attorneys normally send spoliation letters to insurance companies. These letters create a legal duty to preserve any potential physical evidence, including the EDR, for subsequent inspection.

Electronic Logging Device

These same technical and legal principles apply to a large truck’s ELD. These devices are particularly critical in drowsy truck driver claims. Such claims are more prevalent than ever, partially because of the aforementioned trucking environment. Additionally, truck driver profit margins are very low. They must stay behind the wheel as long as possible in order to make money on a certain trip.

The trucking industry fought the ELD mandate all the way to the Supreme Court. That’s because an ELD could provide crucial proof in either an ordinary negligence case or a negligence per se claim.

Ordinary negligence is basically a lack of ordinary care. Driving while fatigued breaches this duty of care. Drowsiness and alcohol have basically the same effect on the body and brain. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level. That’s above the legal limit for commercial operators in Pennsylvania and most other states.

ELDs accurately show when a trucker first got behind the wheel and when a trucker called it quits for the day. ELDs also measure HOS (Hours of Service) compliance. That’s where negligence per se, which is the violation of a safety law, comes into play. State and federal laws include mandates like break requirements and weekly driving caps. If a driver violates any of these rules, and that violation substantially causes a wreck, the driver could be liable for damages as a matter of law.

The shipping, transportation, or other company which owned the rig is usually financially responsible for damages, according to the respondeat superior rule. This doctrine holds employers responsible if their employees, or drivers, are negligent during the scope of their employment.

Please be aware that this article was written and published in conjunction with the help of Gorilla Webtactics, Law Firm Marketing Agency, and does not contain legal advice. Please do not act or refrain from acting based on anything you read in this article.

About the Author

John Mattiacci is the principal attorney at Mattiacci Law, LLC. He has received numerous peer awards, and he is an active member of several state and national bar associations. In addition to truck accidents, John handles a wide variety of personal injury claims. Click here to learn more.