Heavy Truck Accidents: Are You Getting All the Data During Litigation?
In commercial trucking accident litigation, forensic engineers play a crucial role in helping litigators piece together the events leading up to various types of collisions. In many cases, electronic evidence, such as data from an Engine Control Module (ECM) or a dash camera, plays a decisive role in establishing liability, reconstructing events, and supporting expert analysis.
Accident reconstruction experts can use any electronic or video data to support analysis, create accurate simulations, calculate impact forces, and analyze contributing factors, leading to a better understanding of the collision dynamics.
Does it matter who you hire to perform inspections and obtain heavy truck data?
Electronic and video data for heavy trucks is not standardized. Is there GPS tracking on the vehicle or cellular-based event data? Was anything removed from the vehicle? Is there event data from the braking control module? Were the brakes functioning? Each truck, engine manufacturer, and camera system is different. The software for these systems varies. It is not only crucial to know what data you may or may not have, but also how to obtain that data, and how those different data streams fit together. That is why it is important to have a qualified expert perform any inspection and data extraction.
What do you know about Bendix BDR Data?
When it comes to heavy trucks, a valuable source of additional electronic evidence is often overlooked. There are generally two types of braking systems on heavy trucks: WABCO and Bendix. You may or may not be aware of the Bendix Data Recorder (BDR), which can contain valuable event data often associated with a crash. BDR data can easily be overlooked because it is hidden behind a file’s source code. Even for those who are aware of the data, previously it required sending the file to Bendix for translation. This can take weeks or months to get back and it is costly. Industry experts have cracked the code and published this translation for everyone to access. Qforensics has incorporated this highly technical translation into a fast and accurate report. Now you can quickly and efficiently see which data you have and don’t have.
What Data Does BDR Record?
The BDR acts as a black box for heavy trucks, recording essential event data critical for accurate collision reconstruction. Unlike engine-based Electronic Data Recorders, BDRs focus heavily on foundational braking and stability parameters.
- Events: There are typically more events saved in a BDR than in an ECM. They can contain 5 or even 10 unique events. These can be similar to, or in addition to, ECM data.
- Resolution: BDR data is typically in .5 second intervals, whereas most ECM data is in 1 second intervals.
- Triggers: Acceleration (crash) events, hard braking events, automatic emergency braking events from collision mitigation systems (such as Bendix Wingman), or driver override events can trigger a recording.
- Parameters: The BDR often contains many more parameters than event data from an ECM. In addition to standard parameters such as speed, steering, and acceleration, they can include the amount of brake pressure applied, activation of various systems such as electronic stability intervention, forward-looking radar intervention, ABS, and cruise control activation, plus more.
Three Reasons Hiring a Forensic Engineer Early Can Change the Course of Your Case
- Evidence Preservation & Spoliation: Electronic data from heavy trucks can be highly volatile, and key evidence can be destroyed by continuing to run/drive the vehicle. Additional engine hours or miles make it increasingly difficult to tie event data to a crash. Engaging an expert immediately ensures the preservation of evidence and prevents spoliation claims by opposing counsel.
- Strengthening Discovery and Depositions: Electronic data, including translated BDR reports, often identifies specific events and driver actions that can provide attorneys with strategic leverage in pre-trial negotiations. For example, attorneys may use translated data to:
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- Question drivers about speed and braking behavior.
- Investigate inconsistencies in witness testimony.
- Evaluate compliance with company safety policies.
- Examine maintenance and inspection practices.
Having access to data early in the litigation process allows legal teams to craft more targeted discovery requests and conduct more effective depositions.
- Improving Settlement Negotiations: Objective electronic evidence frequently influences settlement discussions. Electronic data can clearly support or contradict a party’s version of events and significantly affect case valuation.
Getting access to data, including expedited BDR translations, allows attorneys to assess evidentiary strengths earlier and enter negotiations with a clearer understanding of the facts. In some cases, early access to data can facilitate faster resolutions and reduce prolonged litigation expenses.
Conclusion
Trucking accident cases are frequently time-sensitive. Qforensics can document, preserve, translate, and analyze all available data to expedite litigation, providing attorneys with faster access to crucial vehicle information. In a litigation environment where timing can significantly impact outcomes, tools such as expedited BDR translations offer a valuable advantage for legal teams handling complex trucking accident cases.
Want to know what type of data you can get? Have a case with a Bendix module and want to see if there is crash data on it? Contact Senior Engineer Jodie Immell, BSME, ACTAR, today to learn more: (904) 300-1182 or jimmell@Qforensics.com.
About Qforensics
Quality Forensic Engineering, LLC is a full-service forensic engineering firm providing engineering support to clients in accident reconstruction, biomechanics, fire investigations, patent litigation analysis, premises liability, product liability, and tire failure analysis. We use the latest technology and industry-proven techniques to provide thorough analysis, expert testimony, and conclusions for the most difficult engineering questions. Our forensic engineers support clients throughout the U.S. View our locations
