Why Timely Evidence Gathering Is Critical in Delivery Truck Claims
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After delivery truck accidents, evidence can disappear faster than you think. Critical evidence like black box data, GPS, and delivery app data can be destroyed within a few days to weeks. You won’t be able to track witnesses if you delay, and even then, their memories won’t be fresh.
That’s why it is important to gather evidence on time. If you get into a FedEx or UPS truck accident, you have to consult a lawyer immediately, as they can help in gathering as much evidence as possible.
You Have to Preserve the Black-Box Data
Most FedEx and UPS trucks are equipped with Event Data Recorders (EDRs) that capture crucial information about the accident, such as the driver’s actions during or right before the accident.
You need to act as quickly as possible because the delivery truck companies will intentionally destroy the data.
You need this black box data as key evidence. You need a lawyer to send a spoliation letter (to preserve this black box data) so delivery companies don’t purposely get rid of the ECM (Electronic Control Module) and ELD (Electronic Logging Device).
Witness Memories Can Fade Away
Witness statements carry extra weight because they come from neutral third parties with no gain in the outcome. When a witness account aligns with physical evidence and your version of the events, it significantly strengthens your claim.
The longer you wait to find witnesses, the more unreliable their statements will become, because people forget details in a few days or misremember the events that happened during the accident.
GPS and Delivery App Data Can Disappear
GPS tracking stores the activities of delivery drivers. This GPS data can reveal how fast the driver was driving the truck, where they were going, places they went to, and any sign of unsafe driving, such as making abrupt movements with the truck.
Delivery app data reveals how many deliveries the driver had pending and if they were under pressure to deliver them all.
If you don’t act fast, this data is erased automatically since it lives on the company’s servers, and most companies purge their old data within weeks, or it may even be destroyed intentionally.
Just like for black box data, you need your lawyer to send a spoliation letter to preserve the GPS and delivery app data.
You Can’t Access Employment Records
Driver records can show if the driver has a history of traffic violations, prior accidents, or inadequate training.
The delivery company is federally required to hire a qualified driver. If employment records indicate otherwise, it’ll be easy to prove that the company put an unqualified driver on the road.
An unreported or delayed claim paves the way for these records to be destroyed, and you won’t be able to access them.
Challenges in Proving Fault
Delivery companies and their insurance companies will conduct their own investigation to work against you and prevent you from seeking compensation from them.
Delivery companies control the most evidence you need in these types of accidents. When you delay, the evidence will be very likely gone, and it’ll be challenging for you to prove that the delivery company or its driver is liable.
What Happens When the Driver Is an Independent Contractor?
Delivery companies can refuse to take responsibility if one of their third-party independent contractors hits the victim and causes damage.
You may wonder, do you need to sue the driver personally? Or the contracting company or the delivery platform, like FedEx and UPS?
The answer to these questions depends on how much control the delivery or contracting companies had over the driver, or if there are signs of negligent hiring, they can be sued.
However, to prove that the delivery platform is liable for the accident, you still need solid evidence that was documented promptly after the accident; otherwise, you will make it more challenging.
Key Takeaways
- Event data records in delivery trucks (black box data) are erased after a certain period of time, which acts as critical evidence in your claim.
- A gap in evidence gathering makes it challenging to track witnesses, and their memories can deteriorate fast.
- Delivery trucks can be tracked with their GPS and app data, but when you delay, this can disappear quickly too.
- If you delay, you cannot access employment records that would prove negligent hiring practices or show the driver’s traffic violation history.
- Besides all that, sometimes you deal with independent contractor drivers; it’ll be harder to prove fault. Taking action as soon as possible is better.
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