Kilpatrick & Philley Attorneys at Law

How can black box data make or break your truck accident claim?

2025-04-29T20:44:16Z

The consequences can be devastating if your car collides with an 80,000-pound commercial truck. Each year, thousands of Mississippi motorists face life-altering injuries from these crashes, leaving them with mounting medical bills and lost wages. The road to recovery often involves proving the truck driver or company was negligent, a challenging task when it's your word against theirs. What many victims don't realize is that most modern commercial trucks carry their own witness to the crash. The electronic control module (ECM), commonly called the "black box," records critical data about how the truck was operating before, during and after the collision.

What truck black boxes record and why it matters

The black box in commercial trucks captures vital information that can reveal the true story behind an accident. Most of these devices track the truck’s:

Speed
Braking patterns
Hours of operation
Fuel consumption
Clutch use
Cruise control usage
Tire pressure
Engine temperature

ECMs can also help identify mechanical problems, airbag issues, and even whether the driver was wearing a seat belt. This information can be crucial after an accident for many reasons. For example, if a truck driver claims they weren't speeding, but the ECM shows the vehicle traveling at 75 mph in a 55 mph zone, this evidence can help decide your case. The data also reveals how long the driver has been behind the wheel. Federal regulations limit driving time to prevent fatigue-related accidents, but some drivers falsify their logbooks to drive longer hours. The black box can't lie, as it records actual engine operation times that can be compared against driver logs. Recent Federal Motor Carrier Safety Administration data shows that driver fatigue contributes to nearly 13% of commercial truck crashes.

Acting quickly to preserve this crucial evidence

You have a narrow window to secure black box data after your accident. Most ECMs only store information for about 30 days before being recorded over. More concerning, in many states, trucking companies legally own this data and can erase it unless a court orders them not to. Black box data isn't just helpful for proving fault. It can also demonstrate the severity of impact, supporting your claims about injury severity. When the ECM shows a truck suddenly decelerating from 65 mph to zero, it helps explain the significant forces your body endured during the collision. After a truck accident, the company often sends investigators to the scene immediately. While you focus on medical treatment, they're already working to minimize their liability. This is why contacting a skilled truck accident lawyer promptly is essential. Experienced attorneys can send a preservation letter demanding that the company maintain all electronic records.

How to find and leverage witnesses after a serious crash

2024-10-04T19:53:30Z

Getting into a car accident is scary enough, and dealing with the aftermath can feel overwhelming. You're worried about getting better, getting your car fixed and probably worried about insurance, too. One of the best things you can do is find witnesses who saw the accident. Witnesses can play a powerful role in personal injury claims after car accidents.

Why witnesses are important

Witnesses can help clarify what happened during the accident. They can provide an unbiased account, which is crucial because their testimony can back up your version of events. They may be able to describe the scene, how the accident happened and even the behavior of those involved. However, witness testimony is not perfect. People can forget details or mix them up; anxiety, stress and fear could affect their recollections. So, while witnesses are valuable, you should use their testimony carefully. An attorney can help you determine if and how witness testimony may improve your claim.

Identifying and leveraging witnesses

Finding witnesses might seem difficult, but it doesn't have to be. Here are some tips to help you identify and use witnesses effectively:

Look around the scene: After an accident, check for people nearby. Ask them if they saw what happened and are willing to help.
Take contact information: Get their names, phone numbers and addresses. This will allow you to reach them later for a statement. Collect statements as soon as possible while the incident is still fresh in their minds.
Use technology: Traffic cameras or nearby businesses sometimes have footage of the accident. This can also serve as a witness.
Get a written statement: Ask the witness to write down what they saw. This makes their account more reliable.
Review reports: Insurance claims, police reports and other documentation relevant to the crash may include witness names and contact details. Reviewing these reports can help you find specific parties.

Having witnesses can make a big difference in a car accident case. They add credibility and detail to your claims. Remember, time is crucial. Memories fade, and people move away. So, seeking legal support to gather witness information as soon as possible after your accident is vital.

Too much reliance on your car’s safety tech can be dangerous

2023-08-27T17:18:08Z

Every new year witnesses increasingly high-tech vehicles with more safety features to help save drivers (and others on the road) from consequences of their own potential for errors and negligence. While there’s no doubt that all of these advanced safety features help prevent collisions and save lives, they also result in increased complacency for drivers, which can be very dangerous. For example, drivers often don’t feel the need to look over their shoulder as they back up when they have a back-up camera that seemingly can spot anything behind them and even tell them when they’re dangerously close to backing into another vehicle. Rearview mirrors that blink or otherwise alert drivers when there’s a vehicle in their blind spot also reduce a driver’s tendency to look over their shoulder. Emergency braking systems (EBS) can help a car slow down if a driver doesn’t appear to notice a vehicle in front of them. However, an EBS is no substitute for maintaining an adequate following distance.

Don’t assume that everyone has the same features as you do – or that yours will always work

What can be just as dangerous as relying on these features in a motorist’s own vehicle is assuming that everyone else has them too. Drivers should never assume that the car in the next lane sees them coming up alongside them and therefore won’t change lanes unexpectedly. If you’re driving through a parking lot, don’t assume that every car you pass has an alert that lets them know that something or someone is behind them. Assumptions like these can result in collisions. Because advanced driver assistance systems (ADAS) rely on sensors in and around a vehicle, they can be affected by things like rain, mud and debris on the vehicle and/or the road. That means when conditions are at their worst, the technology that drivers rely on may be at its least reliable. While there’s no doubt that having ADAS features on your vehicle can help you to more effectively avoid collisions, using “old school” safety measures like looking around you is still crucial. If you’ve been injured in a crash with a driver who wasn’t as safety conscious as you, don’t settle for less compensation than you’re entitled to in order to cover medical expenses and other costs and damages. If someone else has caused you harm, you deserve to have your losses covered, period.

Mississippi traffic laws that can lead to accidents when ignored

2023-08-09T23:49:48Z

Whenever they’re behind the wheel, it’s very important for motorists to obey all traffic laws. If they do not, they could be pulled over and cited. They could also cause a car accident. Drivers are sometimes frustrated by traffic tickets, feeling that they were committing a “victimless crime.” But the risk of accidents is the reason why traffic laws exist in the first place, and breaking those laws make the accidents more likely. Below are two common examples of preventable infractions that, when committed, risk accidents.

Tailgating

One issue that happens often is that drivers do not maintain a proper following distance. Tailgating is illegal under Mississippi law, which states that a driver must maintain a reasonable and prudent following distance. Some people tailgate aggressively and others are oblivious. They do not know what a reasonable and prudent following distance looks like. So they may accidentally tailgate, believing that they are leaving a large enough gap. The fact that they’re not becomes clear only when they cause an accident.

Distracted driving

It’s also important to note that Mississippi has a hands-free law, stating that no one should hold an electronic device in their hand while operating a motor vehicle. This means no text messages, no phone calls, no searching for a new destination on the GPS or a new playlist unless that effort is made in a hands-free way. There are some situations in which hands-free systems can be used, but the goal of this law is to keep a person’s hands on the wheel and their eyes on the road at all times. Holding a cellphone is simply far too distracting, and anyone who does it dramatically increases the odds that they will cause an accident.

Have you suffered injuries?

You may fully understand that following traffic laws is important, and you may do it consistently. But you could still be injured if another driver breaks the law and causes a crash, and that’s why it’s important to understand that accident victims have rights and may be entitled to compensation as a result of their harm.

Mississippi has the most dangerous roads in the nation

2023-06-08T13:47:16Z

Anyone traveling in a motor vehicle is compelled to accept a certain degree of risk. Even when an individual keeps their vehicle in ideal condition and abides by all traffic laws, they simply never know when they might encounter someone else who does not make safety their top priority in traffic. Crashes occur all across Mississippi for reasons ranging from someone swerving to avoid an animal in the road to someone texting while driving. While the risk of a motor vehicle wreck may be present everywhere there are roads, it is noticeably higher in Mississippi than elsewhere in the United States. Researchers, at least in part, place the blame on the roads for Mississippi having the highest number of traffic deaths in the country.

What has collision research uncovered?

There are many ways to calculate risk on the road, but looking at the number of deadly crashes compared with the reported local population may be one of the most effective. When looking at the number of traffic deaths per 100,000 people, Mississippi ranked the highest in the nation. Crash records showed 25 deaths in traffic annually per 100,000 residents, at least in 2020. There were 687 deadly crashes in 2020, and those collisions result in 752 deaths. The reason behind that very high number of deaths per 100,000 residents likely connects to the number of rural highways crossing Mississippi. The speed limit on such highways is high enough to make collisions very likely fatal for those on bicycles or out jogging. Additionally, the lax overall enforcement of traffic statutes on rural roads may lead to drivers engaging in riskier behavior.

What does this mean for Mississippi motorists?

It likely isn't realistic to simply avoid all rural highways when driving in Mississippi. However, motorists who are aware of their risk could potentially make smarter choices. Recognizing that drunk drivers are more likely to take rural routes to avoid enforcement efforts, for example, could help someone choose a better path home late at night. Drivers can also choose to carefully abide by traffic rules on rural roads despite the lack of enforcement. Those who recognize when and where their risk for a crash is higher can make smarter choices about how they behave on Mississippi roads.

2 ways the misuse of caffeine can lead to car crashes

2023-05-29T23:46:07Z

One could very easily argue that caffeine is the most popular drug used in the United States. While people do consume quite a bit of alcohol, countless people consume caffeine through coffee, soda, tea and energy drinks. There are also effectively no restrictions that limit consumers’ use of caffeine. Those who do not have enough time in their schedule to get adequate sleep often count on caffeine to keep them awake and fully functional. Unfortunately, the ways that people in the United States use caffeine can actually increase everybody's risk for serious crashes.

Overconsumption leads to jitteriness and energy crashes

The way that caffeine affects the human body is cyclical. At first, it creates an increase in energy and focus. However, as the body breaks down the caffeine, people often experience a slump in energy levels and in mood. Especially if someone consumed a large amount of caffeine all at once to stave off extreme exhaustion, the comedown could leave them in a compromised state. Additionally, too much caffeine can make people jittery, anxious and overreactive. Those who have too much caffeine in their bloodstreams might drive more aggressively than they should or move too frenetically while in control of a vehicle, possibly leading to unsafe maneuvers.

People use it to mask alcohol impairment

There is a popular urban legend that having a cup of coffee or other caffeinated beverage after drinking will help someone sober up enough to get home safely. Unfortunately, despite how much faith people put in that myth, the truth is that caffeine does not reverse the effects of alcohol but may merely temporarily cover up the worst signs of impairment. Consuming caffeine may make people feel like they can drive themselves home when they have had too much to drink, which could internally to a preventable drunk driving collision. Like many other chemical compounds, used responsibly and in moderation, caffeine is largely beneficial, but unsafe use can endanger not just an individual but also others whom they encounter in traffic. Learning more about how caffeine correlates with major collisions can help those hoping to maximize their safety when operating motor vehicles.

Potential symptoms of a brain bleed

2023-04-13T14:40:33Z

Those who have suffered head injuries need to be aware of the risk of a brain bleed. This is also often referred to as a hemorrhage. There are various types of bleeding that can occur around the brain, such as intracranial hematomas or subdural hematomas, depending on where they are located. But the general issue that the person is facing is that a blood vessel within the brain has been ruptured. This has caused bleeding in the brain tissue, between the brain and the skull or within the membrane that surrounds and protects the brain – the dura matter. Slowly, pressure can build up within these areas. In some cases, this pressure can become so great that the bleeding becomes fatal or results in life-changing complications.

What symptoms should you look for?

It’s important to take this risk very seriously because the symptoms may not be apparent at the exact same time as the injury. Bleeding could be very minor, and a person could feel like they have not been injured or that they will recover quickly. They may think they have a minor brain injury, such as a concussion. But the symptoms can get much worse with time and should not be overlooked. Examples include:

The onset of serious headaches or migraines
Paralysis in a specific area, such as an arm, a leg, or even a portion of the face
A feeling of numbness or sudden tingling
The onset of vomiting or a general feeling of nausea
The development of seizures
Trouble swallowing or eating
Issues with vision, such as difficulty seeing or sensitivity to light

Often, as the brain bleed progresses, a person may begin to have slurred speech, trouble balancing and/or issues processing information. When something like this occurs, it is important for that individual to seek medical assistance as soon as possible.

Your options for compensation

Of course, getting this type of medical assistance can be very expensive, and the injury may have been caused by someone else’s negligence. Those who find themselves in this position need to know how they can potentially seek financial compensation with the assistance of a legal professional.

Why recovering from a brain injury is so challenging

2023-03-02T17:32:59Z

When recovering from a traumatic brain injury (TBI), you may be – very understandably – frustrated if you do not experience the level of healing that you expected or hoped for over a certain period of time. Many other injuries people suffer when accidents occur – like broken bones or bruises, for example – heal relatively quickly. It may just take a matter of weeks or months for someone to fully recover. But a TBI may linger or may never heal completely. To some degree, recovery time depends on the severity of the injury, and every case is unique. But there is one key reason why the brain tends to heal in different ways than the rest of your body does: It cannot regenerate the neurons that it needs for that healing.

Neural cells are unique

One of the biggest differences between standard cells and neural cells is essentially that neurons cannot replicate themselves in most cases. Other types of cells do have this ability, and it’s a key component in healing. Replication allows skin to create new tissue, for example, or red blood cells to increase their count. But your brain is not able to replace or replicate neural cells, so they are lost forever once they are destroyed. What healing does occur is generally facilitated by the brain’s versatile healing ability which involves crafting new neural pathways. The brain uses remaining cells to foster new connections and re-create skills or abilities that may have been lost. But it is difficult to predict if the brain will be able to accomplish this with 100% of injury-related limitations, so some effects of a TBI may not heal entirely.

What legal options do you have?

The best chance for healing after a brain injury is to get prompt and comprehensive medical care. Unfortunately, this effort is incredibly expensive for most individuals. If you’ve been injured due to someone else’s negligence or intentional actions, be sure you know how to seek compensation. That way, you won’t be compelled to shoulder the financial burdens caused by another’s poor judgment.

2 reasons crashes with commercial trucks are harder to handle

2023-11-22T14:36:13Z

Any crash can significantly alter your schedule and leave you with medical issues and expenses to cover. A crash involving a commercial truck could lead to major complications for the people in the smaller vehicle.

Especially when the commercial vehicle or its driver somehow caused a crash, the people in the smaller vehicle may need to look into their options for financial compensation. The aftermath of a collision between a large commercial truck and a four-wheel passenger vehicle can often be substantially more complicated than the fallout from a collision between two passenger vehicles.

What makes commercial vehicle collisions so difficult to address?

They cause catastrophic damage

The staggering weight and overwhelming momentum of a commercial vehicle mean that it can cause the total destruction of a smaller vehicle. Commercial trucks can leave smaller vehicles unsafe to drive, forcing someone to purchase a new vehicle rather than repair the one they previously drove.

Such major damage to the vehicle often also means major injuries for its occupants. Brain injuries, amputations and spinal cord injuries can easily occur in a commercial vehicle collision, and fatalities are also possible.

The insurance claims can get messy

Many drivers don't have much insurance, so people end up scrambling to find ways to cover their costs after a major wreck. That typically won't be an issue in a commercial crash, as vehicles that weigh 10,001 pounds or more have to carry $750,000 or more in liability insurance. Some vehicles may even have multi-million dollar policies because of their dangerous cargo.

Although that means there will likely be enough coverage to replace your vehicle, cover your hospital bills and reimburse you for lost wages, you can also expect that the insurance company will be aggressive in its attempts to defend against a sizable claim.

Even those who might feel confident handling a basic insurance claim may feel completely overwhelmed by the process involved in a commercial vehicle insurance negotiation. Those trying to recover from a crash may need help evaluating the financial impact of the incident and fighting for an appropriate amount of compensation given their losses.

Bringing in professional help can make a big difference for those dealing with the aftermath of a commercial vehicle crash.

The dangers of drowsy driving and what you can do about it

2025-05-21T06:57:46Z

Not getting enough sleep is a health epidemic in the United States. Between mental health issues and demanding daily schedules, both chronic fatigue and insomnia are common complaints. Most people who feel tired just go about their day, unaware of the risk that their choices may generate. However, research makes it very clear that fatigued or drowsy driving is a serious safety concern that contributes to hundreds if not thousands of crashes every year in the United States.

What do the statistics say?

According to a survey conducted by the Centers for Disease Control and Prevention (CDC), one in 25 drivers will admit that they fell asleep at the wheel in the last 30 days at least one time. Some of those drivers fell asleep at the wheel more than once, and people tend to under-report bad behavior when surveyed by authority figures, even anonymously. In other words, a frighteningly high number of people are out driving when they are so exhausted they can't even keep their eyes open anymore. Far more people are driving when fatigue has affected their ability. The longer someone has gone without adequate sleep, the more their fatigue will impact their driving ability. Many experts liken the effects of sleep deprivation on driving to the impact alcohol has, as it may increase reaction times and lead to trouble focusing and making decisions.

How can you address fatigued driving?

Making sure that you get enough sleep and asking someone else to drive when you have not gotten adequate rest will be the simplest way to reduce your chances of causing a motor vehicle collision. Unfortunately, the solution that many people reach for is caffeine. Stimulants do not reverse fatigue but will cover up the symptoms of how exhausted you actually are. Too much caffeine can also worsen your fatigue symptoms while causing others. Caffeine can make your hands shake and spike your anxiety levels before you crash as your body metabolizes the caffeine. Once you recognize how dangerous it can be to drive while fatigued, you may have a newfound respect for the degree of risk on the road. After all, you probably know dozens of people who brag about how little sleep they get while taking care of their families or pushing their careers to the next level. Connecting certain behaviors with crash risk could help you reduce the chances of causing a car wreck.