How Smart Cargo and IoT Data Can Boost Your Claim for Damages After a Truck Accident
Truck accident cases are far more complicated than most car accident cases in Florida for a variety of reasons. There are more parties involved, corporate legal teams get aggressive, injuries are usually much more severe, and federal laws often set standards for the trucks involved. These factors have existed for some time. But now, new technologies have added even more factors, increasing the complexity of commercial truck accident cases.
Fortunately, when data is accessed and applied properly, these technologies can often strengthen a claim for recovery after a truck accident. We don’t have room here to provide more than a brief overview of the tech involved and the legal acquisition and usage of data. If you schedule a consultation with the team at Searcy Denney Tallahassee, we can review the facts involved in your case and explain more about how these technologies could boost your particular claim for damages. For general background information, here are some ways new tech could help your case.
The Increasing Prevalence of Smart Cargo
Commercial trucks carry cargo, which most of us picture as inert items. Unless the cargo consists of sentient beings, like a bus full of passengers, we tend to assume that the cargo just sits in the back of the truck waiting for someone to move it.
Increasingly, however, the cargo doesn’t just sit. What is termed “smart cargo” recognizes its context, reacts to it, locates and analyzes alternatives, and makes decisions. For instance, sensors in smart cargo can measure environmental conditions such as humidity, temperature, and light exposure. Cargo can record and report whether it is being jarred or tampered with. It can provide data about status, condition, and arrival times.
Smart cargo first came into use approximately 10 years ago, and it is becoming more common with each passing day. While the technologies have been integrated to improve operational efficiency and security for shipping companies, they often have ancillary uses as well, including in truck accident cases.
The Internet of Things in Trucking
IoT refers to the Internet of Things, which connects objects with sensors and software and enables them to gather and exchange data. Some of the most common IoT technologies used with tractor-trailers, tanker trucks, vehicle transport trailers, delivery vans, and other trucks include:
- Cargo sensors and other aspects of smart cargo
- Telematics devices that operate like the “black box” in an airplane and monitor factors such as the speed the truck is traveling, the performance of the engine, and the force used in braking
- Dashcams that use AI and can not only monitor activity outside the truck but also monitor the driver’s actions to indicate when a driver is fatigued or distracted
- Electronic logging devices used in place of paper logs to keep track of a driver’s hours and tasks
These electronic devices not only provide information that would be hard to access accurately otherwise, but they can also provide it in real time and in a format that cannot easily be tampered with.
Using IoT Data to Prove Liability
Data from electronic sensors and devices can be used to provide evidence that a trucking company or driver operated negligently. This proof of negligence is necessary before a truck accident victim can recover compensation for injuries.
For instance, smart cargo sensors can indicate if a load shifted in transit before an accident occurred. This movement indicates that the cargo was not properly secured or balanced, and the shift in weight caused the truck accident. This evidence could indicate that the company that loaded the truck is liable for the collision.
As another example, if IoT-based logs showed that sensors issued warnings about low tire pressure, faulty brakes, or other nascent mechanical problems, and those warnings were ignored, that could provide evidence of negligent operations.
Data revealing the way the truck was driven can provide evidence that a driver was operating aggressively. Or data about the timing of truck operations could show that a driver exceeded allotted driving hours with a sufficient break.
Information from these sources can not only be used to hold a trucking company liable for damages resulting from ordinary negligence but also to indicate that a company was grossly negligent. This information could provide grounds to seek additional punitive damages in a truck accident case.
The Need to Act Quickly to Preserve Digital Information
Although it takes less space to store information digitally than on paper or film, there are limits to digital storage space, and information is not kept indefinitely. Federal regulations require certain information to be retained for up to 6 months. Other information may be routinely recorded more frequently than that.
It is important to take decisive legal action to preserve critical information after a truck accident. This might include issuing a “spoliation letter,” obtaining a subpoena to access and preserve information, and other legal tactics. Like witness testimony, photos of an accident scene, and other critical evidence, digital evidence can be most valuable if obtained and preserved soon after a truck accident.
Get Help and Protection After a Truck Accident
Corporate legal teams work very quickly as soon as a commercial truck accident occurs. They take a multifaceted approach to shift liability and minimize the risk of paying damages.
To have a chance of succeeding against their tactics, a truck accident victim needs an experienced legal team working on their behalf early on. At Searcy Denney Tallahassee, we work not only to secure evidence, such as IoT data, but also to help avoid mistakes that could allow a trucking company to place legal blame on the victim.
It is wise to consult an attorney before talking to any insurance company investigators or trucking company representatives. They may appear sympathetic and offer money right away, but their goal is to keep costs down rather than ensure fair treatment for accident victims. You should at least learn the potential value of your claim before discussing any kind of settlement. Anything you say could potentially be taken out of context and used against you, which is why it is helpful to have your attorney communicate on your behalf.
For a free consultation and case evaluation to learn more about the assistance our team may be able to provide after your truck accident, call us at 888-549-7011 or contact us online now.
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