In auto accidents involving trucks, identifying who is at fault just by looking at the scene can be difficult. Insurance companies and lawyers then look into a truck’s black box. In the aftermath of a collision, this tiny device can make a difference in your insurance claim. Understanding its purpose is critical in securing compensation.
The purpose of black boxes
A black box, also known as an electronic control module, records operational and performance data whenever an operator uses a truck. Trucking companies often install this device on their vehicles to track fleet management, maintenance and crash investigations.
It records what was happening in the seconds leading up to an accident, which can include:
- Speed and throttle
- Braking patterns
- Steering input
- Seatbelt use
- Hours of service
- Idling or downtime
- Airbag deployment
These details can help insurers and attorneys to assess whether a truck driver’s behavior was the primary cause of the crash.
What Texas law says about truck accidents
Texas follows the rule of proportionate responsibility. You can only recover damages if you are 50% or less responsible for the incident. This means if the trucking company argues that you were more than 50% at fault, you get nothing. Acquiring black box data as soon as possible can be your best shield against these blame-shifting tactics.
Why legal counsel can be helpful
Truck records are not permanent. Under Texas and federal law, motor carriers are only required to maintain driver records and logs from six months to two years. However, black-box data may not fall within these retention windows, prompting trucking companies to overwrite data within 30 days of continued vehicle operation.
You may send a formal Spoliation Letter, which is a legal notice that creates a duty for them to preserve the evidence. However, it would be best to avoid handling this alone while you are recovering. Seeking legal counsel is wise to navigate the claims process accurately and meet the strict two-year statute of limitations.
