TMCnet Feature
January 13, 2022

Technology can assist you with your truck accident personal injury claim

"Nearly 2,000 Canadians are killed each year and another 10,000 seriously injured in collisions involving a heavy truck. "

Approximately 15% of highway deaths each year are due to truck crashes.

Although traditionally, the law is relatively slow to develop and adapt to new technologies, there is increasing uptake of technology when it comes to assisting the plaintiff in proving their claim.

Truck-specific technology

Since trucking is often well monitored by the trucking company, there is access to more information from the truck than would be available in a car.

The "Black Box (News - Alert)"

Commercial trucks have "black boxes" on board. The black box records information such as the speed at the time of the accident, weather conditions, the amount of time the brake was applied, and so on.

The black box can be secured as evidence, and your attorney can get access to all of the records, which may prove critical in any potential litigation.

Trip inspection records

Trip inspection records are another valuable source of information. Truck and trailer combinations are mandated to do these inspections every 24 hours that the truck is in service. So, again, this evidence, or lack of it, can be very beneficial to your case.

Daily travel logs

Truck drivers are required to maintain detailed daily travel logs. The travel logs can be used as evidence of hours driven. In addition, travel log evidence can be critical where the driver is alleged to have fallen asleep or has been overworked and suffered from fatigue at the time of the accident.

Access to annual inspection certificates

Annual inspection certificates are mandatory. If these have not been adequately done or are absent, it is easier to prove liability on the part of the truck driver and company

Other technology which is now used in personal injury claims

With technology being developed every day and with the advent of artificial intelligence, technology continues to grow in leaps and bounds.

In Ontario, specialist truck accident lawyers are speedily adopting these technologies to assist them in proving their claims.

Cellular cameras and videos     

Almost everybody carries a cell phone capable of taking high-definition photos and videos. This has increasingly been used as evidence in court or during settlement negotiations.

Distracted driving – cell phones. GPS's and onboard cameras

Distracted driving is a cause of many accidents. It is sometimes possible to recreate what the driver was doing at the precise time of the accident by looking at the digital records of these devices. Onboard cameras have been used to lead clear evidence from the driver's perspective in which the camera has been mounted.

Big Brother is watching you!

Closed Circuit TV cameras are endemic and capture footage of accidents daily, providing incontrovertible evidence of who did what in an accident sequence.

Artificial intelligence and claims assessment

The adoption of AI by many insurance companies and now law firms has allowed for much quicker and more accurate computations of the amount of an expected claim. AI can sort through massive amounts of data and quickly work out average award amounts.

To sum up

Technology will continue to see wider adoption by lawyers due to its inherent value in strengthening a claim for a client. Data is valuable – and will continue to be introduced in the courts. Use it or lose.

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