Dashboard Cameras, Telematics Devices & Driver Logs: The Essentials to Protecting Your Truck Accident Case When Injured on the JobMay 10, 2018
After a truck wreck, it can be difficult for injured truck drivers to know what exactly caused the crash, who is liable and whether they may be entitled to compensation. While various evidence may clarify these issues, the recordings and records from dash cameras, telematics devices and truck driver logs can serve as key evidence in truck accident cases. Here’s how and why…
Dashboard Camera Evidence
Dashboard cameras, or dash cams, can capture video footage of what was occurring inside the truck’s cabin, as well as in front of and/or alongside of the truck on the road, before, during and after a crash. Depending on the type of dash cam installed in a truck, these recordings may also include GPS data and/or data regarding the truck’s speed or movements prior to a crash.
Consequently, dash cams can capture crucial details related to an accident, like (but not limited to):
- Whether a truck driver appeared to be attentive and/or sober immediately prior to the accident
- Whether the trucker was complying with traffic laws prior to the wreck
- Whether the negligence of other motorists may have contributed to the wreck.
Typically, when a truck accident occurs, any dash cam recordings related to the crash are transmitted to the camera’s service provider, who analyzes the recordings, provides an assessment and then passes the recordings and assessment on to the motor carrier.
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Evidence from Telematics Devices
Telematics devices are pieces of equipment in trucks that record various details regarding how and when trucks are being driven. This information can include (and is not limited to) details related to:
- The time(s) of day or night a truck is driven
- The hours and number of miles driven
- Speeds and braking applications, including hard stops and sudden accelerations.
As a result, telematics data can provide important details regarding a trucker’s:
- Driving habits and behaviors
- Compliance with trucking regulations
- Compliance with traffic laws.
This data is usually transmitted via wireless networks to motor carriers and/or their insurance providers.
Driver Log Evidence
Whether truckers use paper or electronic driving logs, these logs also tend to contain key evidence regarding drivers’ schedules and compliance with hours-of-service (HOS) regulations. These details, which can reveal when drivers were on- versus off-duty and how long they drove for (in a given day or work week), can be essential to proving that truckers:
- Took the required rest periods in between driving shifts
- Were not impaired by fatigue or exhaustion when the crash occurred.
Preserving Records from Dash Cameras, Telematics Devices & Driver Logs: Spoliation Letters
Taking action to preserve the evidence captured by dash cams, telematics devices and driver logs can be pivotal to helping truckers safeguard a future truck accident claim. One effective way to do this is to send spoliation letters (also known as stop destruction notices or litigation hold letters) to:
- Motor carriers
- Insurance companies
- Device or service providers
- Others who may hold the records collected and retained by these devices.
Spoliation letters will effectively direct the recipient to retain certain evidence related to a future legal claim. Consequently, these letters can be crucial to preventing motor carriers or others from destroying recordings, driving data and other evidence that may be important to proving that:
- A trucker did not cause or contribute to a wreck.
- The injured trucker is entitled to compensation for the injuries and losses arising from that crash.
An attorney at the Amaro Law Firm can help you gather, preserve and present all evidence necessary to support your truck accident claim and position it for the best possible resolution.
A Truck Accident Lawyer at the Amaro Law Firm Is Ready to Help You: Contact Us
If you or a loved one is a truck driver who has been hurt in a crash, a truck accident lawyer at the Amaro Law Firm is ready to partner with you in the pursuit of financial recovery and justice.
Call (877) 892-2797, text (281) 612-8024 or email our firm for your FREE, no obligations consultation. During this meeting, we will explain your legal options and how to proceed. We offer free virtual and mobile consultations to those who cannot visit our office.
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