Recovering the EDR: Why it is So Important After a Truck Accident

Most people are familiar with the “black box” in airplanes that records data and can be used to help determine what caused a plane crash. But did you know that many commercial trucks now routinely carry the same type of device? It’s called an Event Data Recorder or EDR and it can provide evidence of what was happening shortly before, during, and after a truck accident. This evidence can be extremely valuable in establishing liability for the cause of a truck accident, so experienced personal injury attorneys will work to obtain this data and use it to help secure compensation for accident victims.

Trucking companies are aware of this, of course, and they will have response teams on the scene of an accident quickly to gather all the evidence they can and take steps to protect their interests. To succeed against the insurance companies and corporate legal teams, truck accident victims need to work with an attorney who is prepared to overcome their tactics and put all evidence to best use, including information recorded on the EDR.

How an EDR Works

The Event Data Recorder is often incorporated into a truck’s Engine Control Module, which operates like the central computer or “brain” of the truck. Overall, this Module monitors and regulates engine performance, managing functions such as fuel injection and ignition timing based on data collected by sensors throughout the engine.

As part of this computer mechanism, the EDR records technical data about the vehicle’s operation. It is designed so that it cannot be tampered with, ensuring the recorded information is reliable and unaltered.

Information recorded on the EDR often includes:

• Speed recorded at one-second intervals. This reveals sudden changes in speed
• Steering input
• Brake application
• The position of the throttle
• Engine RPMs
• Usage of cruise control
• Airbag deployment
• Seatbelt use

This data is date and time-stamped and often linked to GPS location as well. Although speed and some other information may be recorded frequently, the device does not provide continuous monitoring. Rather, it records when an event occurs, such as the application of the brake.

Why EDR Data is So Critical to Obtain After a Truck Accident

Information recorded in the EDR can make or break a personal injury claim for damages because it is hard to refute. Unlike statements from witnesses, data reported by this reliable device is not prone to memory lapses. While statements by the truck driver or other witnesses are subjective and colored by their personal perspectives, data from the EDR is completely objective—though the trucking company will certainly try to use it subjectively to support its arguments.

When a truck accident victim’s attorney understands how to interpret and use the information from the EDR, it can become a formidable pool to counter the arguments of the trucking company and their version of events. Accident reconstruction experts can use the EDR data to create models or animations to demonstrate the moments leading up to the crash and the impact of the collision in a powerful way for the court.

EDR information can reveal wrongful actions such as speeding, failure to brake in response to conditions, and other negligent conduct by a driver. When this information is combined with data from the Electronic Logging Devices, it can indicate that a driver was violating service-hour requirements.

To recover damages after a truck accident in California, it will be necessary to prove that the trucking company, the driver who works for them, or some other party acted irresponsibly in a way that contributed to the cause of the accident. Evidence from the EDR can go a long way toward establishing that proof, and it does so in a way that is hard to contradict.

EDR Data Can Be Difficult to Obtain and Use

While EDR data can be extremely helpful in building a liability case, it is not always easy to obtain and use. It is important to act quickly to preserve the recorded information, as it might otherwise be overwritten in the regular course of operations. A knowledgeable attorney can obtain a court order to compel production of the data or send a legal letter to the trucking company to ensure that the information is preserved, but this must be done as soon as possible after the accident. Section 9951 of the California Vehicle Code provides that data in an EDR may be retrieved only by the truck’s owner, unless the owner consents or a court orders the data to be shared.

Once you have access to EDR data, you need to know how to use it effectively. The data can be challenging to interpret, and it may require specialized equipment and technicians to ensure its integrity so it is admissible in court. The defense team may argue that there are critical gaps in data or that sensor failures produced inaccurate information. The victim’s legal team needs to anticipate these tactics and be prepared to counter them.

Work with an Attorney Who Understands How to Use EDR Evidence Effectively

If you or a loved one were injured in a truck accident, it is important to act quickly to ensure that the data on the truck’s EDR is preserved. Then it will be necessary to obtain that evidence and effectively translate it into formats and arguments that can be used to demonstrate liability. Not every injury attorney is prepared to do this effectively. At the Law Offices of Benjamin Arsenian, we understand how to use litigation discovery tools and other methods to obtain evidence vital to establishing liability and obtaining the maximum recovery for injuries. We invite you to contact us for a free consultation and case evaluation to discuss how we can use the evidence available in your case to obtain justice and full compensation for the suffering you’ve endured. To get started, call us at 714-400-2000 or contact us online today.