Proper Management of Trucking Communication Devices Can Protect Fleets in Litigation
The truck crashes. Police arrive. Fire trucks come. Then the tow trucks haul away the wreckage.
Life on the road for truck drivers can sometimes be filled with peril. But after the police officers have long since finished their reports, after the fire fighters and crews have finished clearing the roads and after the tow truck operators have unloaded the wreckage, the attorneys arrive. It’s time to settle the matter of fault and determine accountability in court.
Good Communications Equipment Can Protect Fleets
Legal experts say that without properly managed and equipped Electronic Control Modules, fleet managers are up the judicial creek without a paddle for defense.
We at iGlobal LLC, the future of communications technology for the transport industry, will explore the legalities relating the worst-case road scenarios.
Attorney Rob Moseley said properly integrated communications data and effective technology equipment significantly mitigate the prospects for adverse legal judgments following crashes.
Moseley, who addressed those who attended last month’s annual meeting of the Truckload Carriers Association in Charlotte, North Carolina, said fleet operators would serve themselves well by investing in good ECMs in their trucks. The investment would save fleets in the long run both financially and in terms of safety.
“From my standpoint, I’m seeing everything post-crash,” Moseley said. “If I see 400,000 miles of history on your ECM download – that’s not good. Let’s have a process of downloading this regularly and not waiting until there’s a wreck.”
Ill-maintained or inadequately kept data-recording devices can vastly increase the chances of unfavorable court rulings, Mosely said.
Adequately Managed and Maintained ECMs Help Keep Fleets Running Smoothly
In CCJ Commercial Carrier Journal – Fleet Management Magazine, Moseley said plaintiffs’ attorneys gain significant legal advantages when given access to long road histories from inadequately maintained trucking devices; “truck electronic control modules to varying degrees will show things like maximum speeds, fuel efficiency, ‘hard stop data, last stop data.’”
Moseley said a vital aspect of creating a strong legal defense involves maintaining last-stop data following a crash. Restarting engines can erase last-stop data following a crash. “Be careful on the scene of an accident. It’s worth paying a tow bill to avoid erasing that data,” he said.
Moseley urged fleet operators to do their homework and understand their trucks’ data storage parameters and capabilities. He said he’s seen “maximum speeds at over 100 mph. I don’t want to see that” from someone Moseley will have to defend. Keep appropriate device data “through the statute of limitations or when the case is finally finished.”
iGlobal LLC is a technology company which specializes in providing solutions for transportation, logistics and distribution industries. We build hardware and develop software that resolves critical business dilemmas, especially those involving fleet management and communication technologies.
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