Perhaps you've heard that your phone, smartwatch, or home personal assistant are spying on you. I can't really speak to what degree any of that is true or just paranoia, but it obviously reflects the fact that we're all constantly surrounded by technology that in one way or another leaves a record of what we have done. As my profession is one that deals in facts, I'll leave it to the philosophers, talking heads, and social media influencers to sort out whether or not this a good or bad thing. But when you deal in facts, that these records exist changes the way a truck accident injury attorney must approach his/her job.
When I first start out, 30+ years ago, the evidence available to truck accident victims boiled down to the physical evidence at the scene, eyewitness statements, and the opinions that accident reconstructionists could form based upon that evidence. I can still recall the first case I worked where I asked a judge for access to a trucker's cell phone data. At least in my practice, this new source of evidence has made a tremendous difference assisting me in telling my clients' side of the story.
Gathering All Electronic Evidence is Vital to a Truck Accident Case
If I'm laying all my cards on the table, there were a couple of recent commercial vehicle accidents that led me to think about just how valuable electronic data is as evidence in a truck accident case. First, I learned about an October 24, 2024 crash in Milam County, involving an 18-wheeler and a passenger vehicle that left the driver of the car, Shellie Jones, with serious injuries. According to reports, both vehicles were travelling in opposite directions along FM 487, when for some inexplicable reason, the 18-wheeler driver made a left turn, cutting across the path of Ms. Jones vehicle. I haven't heard a good explanation for why a driver would turn across the highway in broad daylight, but my gut tells me, the answer might be found in the electronic data, like cell phone records or in-cab video footage.
Just six days later, on October 30, 2024, an 18-wheeler lost control on I-69 in Houston. The truck ended veering across several lanes of traffic, striking multiple vehicles. As a result of that crash, another person, seriously injuring Duyen Nguyen. Like in the Milam County crash, there isn't a great explanation for why the driver ended up going across several lanes of traffic. Similarly, electronic data might illuminate what is otherwise a murky accident picture.
I bring these incidents up because electronic evidence often clears up crashes with murky fact patterns. While 20 years ago, it may have been rare for an attorney to request a truck driver's electronic data, it's been a standard part of my practice for well over a decade. Whether it's a truck driver's personal phone, smartwatch, Ipad, in-dash video, or even the surveillance video of a nearby Ring door camera, it all has the potential to tell an important part of the story, and my team and I make it a point to gather and secure these records.
For instance, I represented the victims in a case several years ago where they were rear-ended by an 18-wheeler driver while stopped in traffic. At first, the trucking company defense lawyers tried to claim that the driver suffered a medical emergency, therefore, the crash wasn't his fault. Oddly, the defense attorneys also put up an unusually fierce defense to prevent me from obtaining the driver's phone records. When my firm ultimately prevailed, we didn't have to look at the records for too long to know what the fuss was about. The driver was watching adult content on his phone at the time of the crash. The electronic evidence transformed what would otherwise have been a touch and go case into a slam dunk for my clients. That's why I urge everyone, whether they're my client or not to ensure that someone works on their behalf to ensure that all electronic evidence in a case is preserved.
Gather Electronic Evidence Is Time Sensitive
At the risk of stating the obvious, while electronic evidence is vital for a case, it's only useful if someone collects the data. From the moment an accident occurs, there is a race against time to gather evidence. For instance, if you want to gather the engine control module (ECM) data from a truck involved in a serious crash, you're in a race against time before the truck potentially ends up in a junk yard.
Similarly, dash cam, door cam, and other video evidence is routinely recorded over after a certain period of time. People frequently trade in or upgrade cell phones. While this data can be incredibly useful to victims, it doesn't do them any good unless someone is out there gathering and preserving it.
The First 30 Days after a Crash Are Vital
Most accident victims aren't aware that they're in a race against the clock to preserve evidence relating to their crash. My general rule of thumb is that if you want to ensure that all the evidence that can shed light on your crash is still around when you need it, the first 30 days after a crash are crucial.
Within that time period, it's exceptionally rare for someone to destroy an ECM, overwrite video footage, or ditch a phone containing compromising information. It's even less likely when there is an attorney who knows what they're looking for sending out notices to the relevant parties reminding them of their duty to preserve evidence.
Does this mean you'll lose your case if you don't have all the evidence secured in the first 30 days? Not necessarily. It merely means that the risk that some evidence will be lost goes up substantially. I've been hired in cases 6 or 12 months after a crash and I was still able to recover most, if not all, of the electronic data. I've also had situations where after the same period of time, little of the electronic evidence necessary to make a case remained and I had to give people some bad news. The way to avoid this crapshoot is to act quickly.
Victims Should Ensure Someone Is Acting on Their Behalf, Even if They Can't Act Themselves
Obviously, those who've lost a loved one or suffered a serious injury in a commercial truck accident have other things on their mind in the immediate aftermath of a crash. Sure, if you go to a law school seminar or talk to an attorney, they'll say that the best time to get started on a case is right now. But one of the problems in my profession is that it's easy to forget that the last thing most people want to do is spend time talking to an attorney. This is particularly true during life's trying times.
My suggestion has always been that if you find yourself in this situation, don't rush to hire an attorney that you can't vet, rather entrust a responsible family member or trusted friend to do the legwork for you. They can reach out, talk to someone, and find out what steps need to be taken to preserve evidence, while allowing you the time you need to deal with the aftermath of the crash. Then, when you're ready, some of your case's groundwork has already been laid and you won't run the risk of having vital electronic evidence disappear.