What It Means
Just like an airplane’s black box, a truck’s black box can give in-depth information about what the truck was doing just before a wreck. That makes it different from an electronic logging device (ELD), which records the driver’s driving time for hours-of-service rules. Both can matter in the same case.
The federal EDR standard in 49 CFR part 563 applies to lighter vehicles, with a gross vehicle weight rating of 8,500 pounds or less, that are equipped with an EDR. It does not set the rules for the recorders in heavy commercial trucks.
Washington law uses a broad definition. Under RCW 46.35.010, a “recording device” includes event data recorders, sensing and diagnostic modules, electronic control modules, and other devices that record data about a vehicle. Under RCW 46.35.030, that data generally may not be accessed by anyone other than the vehicle’s owner except in limited situations, such as with the owner’s consent or by court order or discovery.
Why It Matters in a Truck Accident Case
Black box data can help build a fact-based account of the crash and cut through conflicting witness statements. It may show whether the driver was speeding or braked too late.
The trucking company controls the truck and its data, so it is important to act quickly. A lawyer can ask the company in writing to preserve the data and can seek it through the legal process.
