Truck Accident Lawyers and AI

Truck accidents can have devastating consequences. Samsara is one of several different companies that integrates programs within the trucking industry to promote safety and efficiency. Samsara – GPS Tracking These companies equip a truck fleet with cab-facing and road-facing cameras as well as GPS route tracking devices. According to our truck accident lawyers, most major trucking companies use this equipment, whether through Samsara or a similar service provider.

The purpose of these systems is to document how a crash occurred, to ensure that the driver is utilizing the most efficient route of travel, and to confirm that the driver is complying with Federal Motor Carrier Safety Act (FMCSA) hours of services regulations.

Truck accidents account for a high percentage of fatal collisions according to Department of Transportation data. Nashua Truck Accident Lawyers | New Hampshire Trucking Injury Attorneys Granite Law Group (granite-law-group.com) Since the stakes are high, one can assume that a seasoned defense attorney is going to defend the trucking company in a major crash. This defense attorney is going to work with these camera systems and GPS systems if they exculpate their client.

Collecting the Data:

But what if the systems prove that the driver was negligent?

A savvy truck accident attorney who represents injured parties should know what records, documents, video, etc. are available. The type of technology that these trucking companies possess is not intuitive. Most inexperienced attorneys are not going to know what materials to even request in discovery. Failure to obtain these materials may cause a client to lose their case. It may very well contain a smoking gun. Unless it is explicitly requested in discovery, the defense attorney is going to conceal that information.

Advances in AI Technology:

In the modern era of artificial intelligence, there is even more technology that the trucking industry is using which truck accident lawyers must be aware of. Samsara has recently rolled out an artificial intelligence platform that connects with the onboard camera and GPS systems. The AI then provides in-cab audible coaching instructions to the driver. The AI also sends contemporaneous notifications to the company headquarters.

If the driver is texting while driving, the system will tell him to put his phone away and will inform his superiors. The same goes for a driver who fails to stop at a stoplight. Or if the driver is operating his vehicle more than the FMCSA hours of service regulations. Artificial Intelligence adapts on the road (foxbusiness.com)

Our truck accident lawyers explain that AI will undoubtedly leave a digital paper trail of these audible instructions. Even if the trucking company claims that they do not have any physical records to produce, the metadata will be memorialized. The truck accident attorney can retain a digital forensic expert to pull the metadata off a hard drive.

Electronically Stored Information:

Different jurisdictions have different rules governing access to metadata, or electronically stored information (ESI). Generally, issues associated with ESI are not litigated at the state court level. However, the Federal Rules of Civil Procedure (Rule 34) have specific rules that outline how to deal with ESI discovery. Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute (cornell.edu)

Given that trucking cases deal with a corporate defendant, which may trigger diversity of citizenship if the corporate defendant has an out-of-state principal office, truck accident lawyers should not shy away from bringing a case in federal court if they believe the retrieval of ESI is going to be a hot button issue in their case. 28 U.S. Code § 1332 – Diversity of citizenship; amount in controversy; costs | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)

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