In today’s digital world, a lot of information is being tracked at all times. For truck drivers, this includes details about how they drive, where they go, how safe they are, and more. If someone is a victim in a trucking accident, they may be able to use the electronic evidence available to show negligence on behalf of the truck driver, which may be needed to help the victim get compensation from the accident.
How is Electronic Evidence Gathered?
Electronic evidence can be gathered from a variety of different sources that can vary based on the truck driver, the company policies, the age of the vehicle, and more. In general, electronic evidence in trucking accidents can include logging devices that track hours of service, event data recorders that record all of the data just before and after an accident, and GPS systems to show routes and timelines. They can also include dash cam footage, maintenance records, or even electronic communications like texts or emails that may apply to the case.
How it Helps to Show Liability
The data available from electronic evidence can be used to show that the driver was at fault based on how the accident occurred. For instance, electronic logging devices may show that the driver was driving longer than legally allowed, which can show they were too tired to drive when they caused the accident. A dash cam may show that the truck driver made a mistake or was driving recklessly when the accident occurred. Or, the maintenance records can show that the truck was not properly maintained before the accident.
Gathering Critical Data Following an Accident
It is crucial to gather electronic evidence as quickly as possible after an accident, as it can be changed or destroyed prior to being requested by the victim of the accident. This is where having a lawyer can help. They have the opportunity to quickly request copies of all electronic data, such as logging device information, the data from event data recorders, or the maintenance records of the vehicle. Since some digital data can be overwritten automatically within a few days of the accident, it is crucial for the lawyer to act fast to gather all of the data they might need.
Challenges Using the Evidence in Court
Despite electronic evidence being available, there may be challenges to using it in court. Privacy laws can vary by state, and lawyers may have to get a court order to be able to view some of the electronic data as a result. This slows down the process, which can lead to evidence being deleted before it’s obtained. It can also be harder to prove negligence with electronic data in court if the jury handling the case is not tech-savvy or familiar with the evidence available today.
Final Thoughts
If you’ve been a victim of a trucking accident, electronic evidence can help prove negligence so you are able to get the compensation you need. However, it’s not always easy to get the electronic evidence, and it can be destroyed before it’s able to be collected. Instead, it’s a good idea to start working with a lawyer right away after the accident, so they can help gather and interpret all of the electronic evidence from the accident. Schedule a consultation today to learn more.