Trucking accidents are the most dangerous of all traffic accidents because they cause hundreds of thousands of serious accidents per year and result in an average of over five thousand fatalities each year. The mere size and substantial weight differences between large semi-trucks and other passenger vehicles usually means that the passengers and drivers of the other vehicle involved will likely suffer serious injury or death. A victim of a serious trucking accident, especially if injured, will likely face a significant challenge in establishing the cause of the accident. Driver fatigue is one of the leading causes of serious trucking accidents. While trucking industry regulations require drivers to maintain logbooks that detail the time a driver is on the road and rest schedules, these logbooks and other supporting documents are routinely altered.
One of the most valuable pieces of evidence regarding the cause of a commercial trucking accident are onboard data recorders often referred to as “event data recorders” (EDRs). These electronic devices store a wealth of information that is critical to identifying the factors that cause a serious big-rig accident. However, the trucking industry is now seeking legal sanction to make this information unavailable to victims in big-rig accidents. This extremely unfair proposal, sponsored by Senators Mark Pryor (D-Ar) and Lamar Alexander (R-Tn), threatens to give legal sanction to a trucking industry practice that is already widespread – specifically the cover up of vital evidence of driver negligence or inadequate vehicle maintenance in trucking accidents.
What is even more astonishing about this proposal, referred to as the Commercial Driver Compliance Improvement Act, is that the information stored in the EDR would still be available for use in litigation by the trucking company if the data helps them defend trucking accident cases. Currently, experienced trucking accident attorneys will send spoliation letters to trucking companies warning that this information must be preserved because of possible litigation. If the trucking company refuses to comply and destroys the information stored in the EDR after receiving a spoliation letter, the trucking company may be liable for sanctions.
The data stored in an EDR currently provides critical evidence regarding factors that may have played a role in a tractor-trailer accident and provides a check against logbooks and other documents relating to driver fatigue that are more easily manipulated. An EDR may record data relevant to speed history and speed immediately proceeding an accident, sudden braking, rapid acceleration, hours behind the wheel, rest periods and vehicle maintenance issues. Because driver negligence and mechanical issues related to vehicle maintenance are leading causes of tractor-trailer accidents, this legislation would make trucking accident litigation much more difficult for trucking accident victims. The potentially chilling effect this proposed legislation could have on commercial trucking accidents is evident when reviewing some leading causes of trucking accidents:
- Exceeding the speed limit or driving too fast for road conditions
- Driver fatigue relating to violation of hours of service rules (i.e. driving too long without adequate rest periods)
- Failure to perform scheduled maintenance regarding tires, brakes, etc
- Truck drivers distracted by mobile phones and other electronic devices
The typical EDR will preserve critical evidence regarding all of these potential trucking accident causes. This typically allows trucking accident reconstruction experts to carefully identify the factors and causes of a serious trucking accident. The issue of proving fault in a trucking accident can be complex. It is essential to work with an experienced Kansas City commercial trucking accident attorney if you are involved in a Kansas City trucking accident.
If you suffer serious injury or a loved one suffers a serious injury or wrongful death in a Kansas City truck accident, Call (816) 472-HOPE (4673) or Contact us by email today to schedule an appointment.
From our offices in Kansas City, a Kansas City trucking accident attorney from our law firm is available to serve clients throughout the Kansas City region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many more Kansas and Missouri communities.