Electronic Evidence in Truck Accident Cases - Truckers' Trucking Forum

rookietrucker · **^ Top** #1 08.11.2009

Electronic Evidence in Truck Accident Cases

Quote:

Thanks to emerging technology, attorneys increasingly have access to more and more evidence that may help to prove their clients' cases. As litigation techniques evolve with the available technology, computerized dispatch records, cell phone forensics, GPS technology and computer animations make it possible for attorneys to better investigate their cases and better represent their clients at trial.

Digital data has already begun to affect truck accident litigation. For instance, federal motor carrier safety laws regulate the hours of service for all commercial truck drivers. Truck drivers, however, sometimes falsify logs, so that they can travel more miles and for more hours in a day than would be allowed. The end result of this is that drivers are at times not where they report to be. What happens if a truck driver is involved in an accident, but claims he was somewhere else entirely when it happened?

The chances of getting away with such a claim are significantly less now than they used to be. Today, GPS technology used by trucking companies, security cameras on the street and cell phone records all can be used to verify a drivers location. This is just one of the many potential uses of emerging technology in litigation.

more here>> Electronic Evidence in Truck Accident Cases

Working Class Patriot · **^ Top** #2 08.11.2009

How long before cameras in the cab?.....in the sleeper?......

I feel like Winston Smith more and more everyday....

Roadmedic · **^ Top** #3 08.11.2009

Friend had an accident in February 2007.

They requested the phone records.

CommDriver · **^ Top** #4 08.12.2009

Quote:

Originally Posted by Roadmedic

Friend had an accident in February 2007.

They requested the phone records.

I think the GPS on most phones can only determine location in "real time" if the phone is on. I don't think it generates a history or "GPS trail."

Of course if you were talking on the phone that could be a different story.

The black box is coming.

Roadmedic · **^ Top** #5 08.12.2009

Quote:

Originally Posted by CommDriver

I think the GPS on most phones can only determine location in "real time" if the phone is on. I don't think it generates a history or "GPS trail."

Of course if you were talking on the phone that could be a different story.

The black box is coming.

They are after the phone call data. It shows where the phone was at the time of the call. I am not sure, but the phone pings towers even when not in use. I do not know if that is traceable.

So, if your log shows you off duty or in the sleeper, the phone had better be in the same location and time.

Raezzor · **^ Top** #6 08.12.2009

I believe the phone is traceable if on, but only through active means. Don't think they could pull up a location of the phone after the fact unless you make a call. Not sure on that though.

But we already have a black box. Except it's grey with a little screen on it.

CommDriver · **^ Top** #7 08.12.2009

Quote:

Originally Posted by Raezzor

But we already have a black box. Except it's grey with a little screen on it.

Not all of us. I think my company will hold out until they're forced. There would be a driver mutiny if they tried to install them otherwise.

CommDriver · **^ Top** #8 08.12.2009

But I use MS Streets and Trips w/GPS. The data could probably be pulled from Microsoft.

old-six-pack · **^ Top** #9 08.12.2009

i have a black trash bag, in a box for poop.. does that count?????????????

Kansas · **^ Top** #10 08.12.2009

Quote:

Originally Posted by CommDriver

But I use MS Streets and Trips w/GPS. The data could probably be pulled from Microsoft.

That's not what they are talking about. As you travel down the highway your cell phone jumps its signal from tower to tower, your phone becomes registered to each tower as you move down the highway. Allowing a digital cookie trailer of where you have been. You don't even have to be talking on the phone, the phone only need be turned on.

For example, if I was accused of being involved in a hit and run accident, at 12:45 PM. The DOT could subpoena my phone records and find out what cell phone tower my phone was registered to at the moment of the accident. Of course if I was 100 miles away, I should instantly be cleared of any wrong doing, but if my phone was tied to that tower at that time, they could use that evidence in court to place me "near" the crime scene.

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