How We Investigate Truck Crashes | Texas Truck Accident Lawyers

When an 80,000-pound commercial truck causes a catastrophic crash, the difference between a successful claim and a denied one often comes down to evidence. At Varghese Summersett, we conduct aggressive, technology-driven investigations that go far beyond reviewing a police report. Modern commercial trucks leave behind a trail of digital breadcrumbs that can reveal exactly what happened, second by second, in the moments before impact.

Trucking companies and their insurers begin protecting themselves within hours of a crash. They dispatch rapid response teams to secure evidence, download data, interview witnesses, and control the narrative. Without immediate action from a legal team that understands trucking technology, critical evidence can be lost, altered, or destroyed. We level the playing field by launching our own investigation just as quickly, using the same sophisticated tools and techniques.

If you or a loved one was seriously injured in a truck accident anywhere in Texas, time is not on your side. Call (817) 203-2220 for a free consultation with our truck accident lawyers.

The Black Box: Event Data Recorders and Vehicle Modules

At the heart of modern truck accident investigation is the Event Data Recorder, often called the vehicle’s “black box.” While the term may evoke images of aviation disasters, this technology has been integrated into ground vehicles for decades. General Motors first implemented a form of EDR technology in 1974 and added pre-crash data recording capabilities in 1999. Today, the National Highway Traffic Safety Administration defines an EDR as a device that records technical vehicle and occupant information for a brief period before, during, and after a crash.

In commercial trucks, crash data is captured by a suite of interconnected electronic modules. Understanding what each module records is essential to building a complete picture of what happened.

The Engine Control Module (ECM) continuously monitors and controls the engine’s performance while logging critical operational data. This is often the primary source of crash-related information, but it tells only part of the story. The Airbag Control Module (ACM) records data specifically related to crash events, particularly when airbags deploy. The Power Train Control Module (PCM) manages the interaction between the engine and transmission. The Sensing and Diagnostic Module (SDM) detects and records information from various vehicle sensors throughout the truck.

Together, these modules provide not only crash-event data but also Daily Engine Usage information, which offers a broader timeline of the driver’s activities in the hours and days leading up to the collision. Our forensic experts know how to extract data from each of these systems to reconstruct a complete, second-by-second account of the truck’s operation.

What the Black Box Records

The data captured by a truck’s electronic modules can make or break a case. Each data point serves a specific evidentiary purpose in proving negligence.

Vehicle speed data tells us exactly how fast the truck was traveling in the seconds before impact, determining whether speeding was a factor. Brake application data reveals whether and precisely when the driver applied the brakes, indicating reaction time and attempts at evasive action. Throttle position shows the percentage of accelerator pedal application, telling us whether the driver was accelerating, coasting, or attempting to slow down. Engine RPM data provides insight into gear selection and engine stress at the moment of impact.

Steering input data captures the angle of the steering wheel, revealing the driver’s attempts to avoid a collision or showing loss of vehicle control. Seatbelt status indicates whether the driver was properly restrained, which affects both injury analysis and potential contributory negligence claims. Perhaps most importantly, crash pulse data measures the change in velocity (known as Delta-V) and the force of impact, helping accident reconstruction experts determine crash severity and validate or contradict witness accounts.

This objective, electronic evidence often tells a very different story than what the truck driver reports to police at the scene. Contact our truck accident lawyers to discuss how this data could strengthen your case.

Electronic Logging Devices: Enforcing the Rules of the Road

Driver fatigue is one of the leading causes of trucking accidents. A drowsy driver operating an 18-wheeler poses risks comparable to an intoxicated one. To combat this danger, the Federal Motor Carrier Safety Administration mandates strict Hours of Service regulations, and the introduction of Electronic Logging Devices has revolutionized how compliance is tracked and proven.

The ELD mandate was congressionally required as part of the Moving Ahead for Progress in the 21st Century Act (MAP-21). An ELD synchronizes directly with the truck’s engine to automatically record driving time, making it significantly more difficult for drivers to falsify their logs the way they could with paper records.

The federal regulations governing ELDs are specific and stringent. Under 49 U.S.C. § 31137, the FMCSA was required to develop and enforce the ELD mandate. Under 49 C.F.R. § 395.30(a), both the driver and the motor carrier must ensure the accuracy of ELD records. Most critically for litigation purposes, 49 C.F.R. § 395.30(f) prohibits motor carriers from altering or erasing original Hours of Service information or the source data streams that feed into the ELD.

This last regulation is particularly powerful in litigation. When we discover that ELD data has been modified or deleted after a crash, it raises serious questions about what the trucking company was trying to hide and can result in severe sanctions from the court.

What ELD Data Reveals

ELD data creates a verifiable record of a driver’s duty status that we use to establish Hours of Service violations. The data shows precisely when a driver started their shift, how long they drove without rest, whether they exceeded the 11-hour daily driving limit, and whether they violated mandatory 30-minute break requirements.

When our investigation uncovers Hours of Service violations, we can establish that both the driver and the trucking company acted negligently. The driver violated federal law by operating while fatigued. The trucking company either pressured the driver to violate regulations or failed to monitor compliance. Both can be held liable for the resulting crash.

Telematics and GPS: The Virtual Eyewitness

Beyond federally mandated systems, most modern trucking fleets are equipped with advanced telematics systems that integrate GPS tracking, vehicle diagnostics, and communication technologies. These systems serve as a virtual eyewitness to events preceding a truck accident, providing a minute-by-minute account of a truck’s operation.

Telematics data goes far beyond the basic information captured by an EDR. Fleet management systems can reveal the exact route the truck traveled (including any unauthorized deviations), speed at every point along the journey, instances of hard braking or rapid acceleration, patterns of aggressive driving such as speeding or tailgating, vehicle diagnostic information including engine fault codes and maintenance alerts, and real-time communications between the driver and dispatch.

AI-Powered Video Telematics

The technology has evolved dramatically in recent years. Modern AI-powered video telematics systems combine vehicle data with forward-facing and driver-facing cameras, using predictive artificial intelligence to analyze video and data in real time.

These sophisticated systems can provide real-time alerts and post-incident reports on driver inattention, signs of fatigue such as eye closure or head nodding, cell phone use while driving, following too closely, and lane departure without signaling. The system doesn’t just record what happened; it actively monitors for risk factors and can alert fleet managers when dangerous behavior occurs.

This creates a critical issue for trucking companies in litigation. When a fleet management system sends a real-time alert that a driver is fatigued or distracted, the company faces a choice: intervene immediately to prevent a collision, or ignore the warning. If they ignore the warning and a crash occurs, that documented failure to act becomes powerful evidence of conscious indifference to safety, a key element in pursuing punitive damages.

Have questions about telematics evidence in your case? Call (817) 203-2220 to speak with an attorney.

Cell Phone Forensics: The Smartphone Confessional

Distracted driving by commercial operators has reached epidemic proportions. The FMCSA has found that the odds of being involved in a safety-critical event are six times greater for a commercial driver who is dialing a mobile phone. Consider what that means in practice: a driver dialing a phone takes their eyes off the road for an average of 3.8 seconds. At 55 miles per hour, that is equivalent to traveling the length of a football field completely blindfolded.

Federal regulations under 49 C.F.R. § 392.82 strictly prohibit commercial drivers from using handheld devices while operating their vehicles. Any cell phone use at the time of a crash constitutes a clear violation of federal law and strong evidence of negligence.

Proving that a driver was using their phone at the moment of a crash is often a critical component of our cases. While cell phone billing records can provide a starting point, they frequently don’t tell the whole story. Modern smartphones contain vastly more information than simple call logs. This is where cell phone forensic analysis becomes essential.

The Forensic Extraction Process

Cell phone forensic analysis is a specialized field within digital forensics that focuses on extracting and examining data from mobile devices. The process begins by creating a forensic image, which is a bit-by-bit copy of the phone’s entire contents. This preserves the evidence in its original state and allows for thorough analysis without altering the source device.

The forensic process occurs in two distinct stages. During the Extraction Stage, all data is copied from the device, including information the user may have attempted to delete. Modern forensic tools can often recover deleted text messages, call logs, photos, and app data. During the Analysis Stage, the extracted data is decoded, filtered, and examined for information relevant to the crash.

A thorough forensic analysis can reveal whether the driver was texting or making calls at the moment of impact, complete app usage history showing what applications were active, GPS location data from the phone itself (independent of the truck’s systems), deleted messages or data the driver attempted to hide, and social media activity or streaming that may have caused distraction.

The Legal Framework: The Kuraray Test

Obtaining cell phone data in litigation requires understanding the specific legal framework that governs discovery. In Texas, the Supreme Court case In re Kuraray America, Inc. established a crucial three-part test for the discovery of cell phone data.

First, the party seeking the data must allege or provide some evidence that cell phone use could have been a contributing cause of the incident. This threshold showing is required before any cell phone discovery is permitted. Second, if the first prong is met, the court may order production of data, but only for a time period narrowly tailored to when the use could have contributed to the incident. Courts will not permit fishing expeditions through months of phone records. Third, only if that initial, limited production indicates that cell phone use was actually a factor may the court consider allowing broader discovery.

Post-Kuraray cases have affirmed that a request for a data window of approximately one to two hours surrounding the time of a crash is generally considered reasonable and discoverable, provided the initial showing is made. Our attorneys understand exactly how to satisfy these requirements and obtain the cell phone evidence needed to prove distraction.

Video Evidence: The Unblinking Witness

The proliferation of cameras in commercial trucking provides an unparalleled, objective record of crash events. Even basic dash cameras that store footage locally can be invaluable, as video can often be retrieved even if the recording device is damaged in a crash.

Forward-facing cameras capture the road ahead, often recording the other vehicle’s movements, traffic signals, road conditions, and weather at the time of the collision. This footage can corroborate or contradict witness testimony and police reports.

Driver-facing cameras, while more controversial from a privacy standpoint, can be even more revealing. These cameras provide direct evidence of distracted driving, fatigue, impairment, or other negligent behaviors that would otherwise be impossible to prove. When a driver-facing camera captures someone looking down at their phone seconds before impact, no amount of testimony can overcome that evidence.

Modern video telematics systems allow trucking companies to view clips of harsh driving events within minutes, providing what manufacturers describe as “unbiased footage” to mitigate risk. When that footage shows negligent driving and the company failed to act, it becomes powerful evidence for our clients.

We also investigate video sources beyond the truck itself, including traffic cameras, surveillance footage from nearby businesses, other vehicles’ dash cameras, and residential doorbell cameras that may have captured the crash.

Infotainment Systems: Evidence From Every Vehicle

The focus on digital evidence extends beyond commercial trucks to every vehicle involved in a collision. Modern passenger vehicles are equipped with sophisticated infotainment systems that record a wealth of data about the vehicle and its driver.

These systems, connected to the vehicle’s internal computers, can track location history, trip purposes and destinations, travel times, and driver behaviors including speed, braking patterns, and steering inputs. Specialized forensic analysis of these systems, sometimes compiled into what are known as BERLA reports (named after the forensic software used to extract the data), can provide another layer of digital evidence.

This matters in truck accident cases because it allows us to document exactly what our client was doing at the time of the crash, often proving they were operating their vehicle properly when the truck driver’s negligence caused the collision.

Ready to discuss how digital evidence could help your case? Schedule a free consultation today.

The Forensic Process: From Data to Admissible Evidence

Acquiring digital data is only the first step. Transforming raw electronic information into admissible evidence requires a meticulous forensic and legal process.

Step 1: Immediate Preservation

The first and most critical step is preserving the evidence before it can be lost, altered, or destroyed. Within hours of being retained, we send spoliation letters by certified mail to the driver, the trucking company, and their insurance carrier demanding immediate preservation of the truck and all its electronic components, all EDR, ECM, and telematics data, ELD records and Hours of Service logs, driver qualification files and training records, dispatch communications and route information, maintenance and inspection records, cell phones and electronic devices, and any video footage from the truck or company systems.

In urgent cases, we seek Temporary Restraining Orders to legally compel preservation. Under Texas law, a party who destroys evidence after receiving a preservation notice can face severe sanctions, including adverse jury instructions that tell jurors they may assume the destroyed evidence was unfavorable to the defendant.

Step 2: Acquisition and Discovery

Expert forensic analysts must properly acquire the data to ensure it will be admissible in court. This often involves formal discovery requests, but experienced truck accident lawyers know that the best source of information is frequently the third-party technology provider rather than the adverse party in litigation.

Telematics companies, ELD providers, and cell phone carriers maintain their own records that may be more complete and harder to manipulate than data held by the trucking company. We know how to identify these third parties and compel production of their records.

Lawyers must be competent in the relevant technology to make specific and proper requests for Electronically Stored Information under Texas Rule of Civil Procedure 196.4. Vague or technically imprecise discovery requests allow defendants to produce incomplete data or claim they don’t understand what is being requested. Our technical knowledge ensures we get everything we need.

Step 3: Expert Analysis

Raw data must be analyzed by qualified experts to reconstruct the timeline of events. This involves synchronizing data from multiple sources, including the ECM, ACM, ELD, GPS, telematics video, and cell phone, to create a comprehensive, second-by-second picture of the driver’s actions and the vehicle’s movements.

Our accident reconstruction experts can determine exactly how fast the truck was traveling, when (or if) the driver attempted to brake, whether the driver was distracted or fatigued, and how the trucking company’s policies contributed to the crash.

Step 4: Authentication and Admissibility

Electronic evidence must be properly authenticated to be admitted in court. This typically involves demonstrating that the data came from the purported source and has not been altered since collection. For cell phone data, text messages, and emails, authentication can be accomplished through witness testimony (such as the author or recipient) or through circumstantial evidence including the content, context, and distinctive characteristics of the communication.

Our forensic experts maintain detailed chain-of-custody documentation and can testify to the integrity of the evidence we present.

Step 5: Compelling Presentation

Complex technical evidence must be presented in a way that judges and juries can understand. We work with forensic animators and visualization experts to create color-coded timelines showing the sequence of events, data graphs illustrating speed, braking, and other factors, 3D accident reconstructions, and synchronized video showing multiple camera angles alongside vehicle data.

When jurors can see the truck driver looking at their phone while traveling at 70 mph, see the moment they finally looked up and slammed on the brakes, and see that it was already too late, the evidence speaks for itself.

Advanced Driver Assistance Systems: The Future of Evidence

The same technologies used to investigate accidents are increasingly being deployed to prevent them. Advanced Driver Assistance Systems (ADAS) are becoming common in commercial trucks, offering features like automatic emergency braking, forward collision warnings, lane departure warnings, and adaptive cruise control.

Studies by the Insurance Institute for Highway Safety have shown that these systems can significantly reduce the frequency of truck-related crashes. But ADAS technology also creates new categories of evidence. When a truck equipped with automatic emergency braking fails to stop in time, we can examine whether the system was properly maintained, whether it was disabled by the driver, or whether it malfunctioned.

As these technologies continue to evolve, they will provide even richer sources of data when crashes occur. Our firm stays current on emerging trucking technology to ensure we can leverage every available source of evidence for our clients.

Multiple Parties May Be Liable

Unlike typical car accidents where only the other driver may be at fault, truck accidents often involve multiple responsible parties. Our investigation identifies every potential defendant to maximize recovery.

The truck driver may be liable for negligent operation, Hours of Service violations, distracted driving, or impairment. The trucking company may share liability through negligent hiring or retention of dangerous drivers, inadequate training or supervision, pressure to violate safety regulations, failure to maintain vehicles or monitor driver behavior, ignoring real-time safety alerts from telematics systems, or vicarious liability for their employee’s actions.

Other potentially liable parties include cargo loading companies if improper loading caused or contributed to the crash, truck and parts manufacturers if defective equipment played a role, maintenance providers if negligent repairs were a factor, and third parties whose negligence created dangerous road conditions.

How Fault Works in Texas Truck Accident Cases

Texas follows a modified comparative negligence rule. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you are not more than 50% responsible for the accident. Your recovery is reduced by your percentage of fault.

This makes thorough investigation doubly important. We must prove the truck driver’s negligence while also gathering evidence to counter any claims that you contributed to the crash. Insurance companies routinely try to shift blame to victims. The digital evidence we collect often definitively proves that our client did nothing wrong.

The Types of Compensation Available

Truck accident victims often suffer catastrophic injuries requiring extensive medical treatment, rehabilitation, and long-term care. Texas law allows recovery for both economic and non-economic damages.

Economic damages include past and future medical expenses, lost wages and reduced earning capacity, cost of medical equipment and home modifications, and other out-of-pocket costs. Non-economic damages compensate for physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium.

In cases involving grossly negligent conduct, such as a trucking company ignoring safety alerts or pressuring drivers to violate Hours of Service regulations, punitive damages may be available. As one trucking company’s own safety training materials bluntly acknowledged, an accident showing improper cell phone use could dramatically increase the value of a case. They know what’s at stake. So do we.

Wondering what your case might be worth? Call (817) 203-2220 for a free case evaluation.

Why Insurance Companies Fear Our Investigations

Trucking companies carry substantial insurance policies, often $1 million or more. Their insurers employ teams of adjusters, investigators, and defense attorneys whose job is to minimize payouts or deny claims entirely.

What they fear most is a plaintiff’s attorney who understands trucking technology and knows how to build an airtight case. When we present ECM data showing a driver was speeding, ELD records proving Hours of Service violations, forensic cell phone analysis demonstrating distraction, AI-powered video capturing the driver looking away from the road, and telematics alerts the company ignored, settlement discussions take on a very different character.

At Varghese Summersett, our team of over 70 professionals includes attorneys, investigators, and support staff who work together to build the strongest possible cases. We have the resources and technical expertise to take on major trucking companies and their insurers. They know we are prepared to go to trial if necessary.

What to Expect From Varghese Summersett

When you hire our firm to handle your truck accident case, we immediately launch a comprehensive investigation. We send preservation letters within hours to protect critical evidence. We dispatch our team to document the crash site. We identify and subpoena data from the truck’s electronic systems, ELD providers, telematics companies, and cell phone carriers. We work with accident reconstruction experts, forensic analysts, and medical professionals to build a complete picture of what happened.

Throughout the process, you work directly with experienced truck accident attorneys, not paralegals or intake staff. We keep you informed at every stage and make ourselves available to answer your questions. We understand you’re dealing with painful injuries, emotional trauma, and financial stress. Our job is to handle the legal fight so you can focus on recovery.

We handle truck accident cases on a contingency fee basis. You pay nothing unless we recover compensation for you.

Frequently Asked Questions

How long do I have to file a truck accident lawsuit in Texas?

Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a personal injury lawsuit. However, evidence preservation is extremely time-sensitive. Black box data can be overwritten, surveillance footage deleted, and trucks repaired or scrapped. Contact an attorney immediately to ensure critical evidence is preserved.

What is a spoliation letter and why is it important?

A spoliation letter is a formal legal notice demanding that the trucking company preserve all evidence related to the crash. Once received, the company has a legal obligation to protect the truck, its electronic data, driver records, and all other relevant evidence. Failure to preserve evidence after receiving this notice can result in severe court sanctions, including instructions to the jury that they may assume destroyed evidence was unfavorable to the defendant.

Can deleted text messages and phone data be recovered?

Yes, in many cases. Forensic analysts create a bit-by-bit copy of the phone’s contents and can often recover deleted messages, call logs, photos, and app data. Even when data appears to be deleted, traces often remain on the device. This is why immediate preservation of the driver’s phone is so critical.

What if the trucking company claims the driver was an independent contractor?

Trucking companies sometimes claim their drivers are independent contractors to avoid liability. However, Texas courts examine the actual relationship, not just labels. If the company controlled the driver’s schedule, routes, equipment, or methods, they may still be liable. Additionally, federal motor carrier safety regulations impose direct obligations on trucking companies regardless of how they classify their drivers.

How much is my truck accident case worth?

Every case is different. The value depends on the severity of your injuries, your medical expenses and lost income, the impact on your quality of life, and the strength of the evidence against the defendants. Cases involving clear violations proven by electronic evidence typically command higher settlements. During your free consultation, we can discuss the factors that will affect your potential recovery.

Get Answers About Your Truck Accident Case

The aftermath of a truck accident is overwhelming. You’re dealing with painful injuries, mounting medical bills, and uncertainty about your future. Meanwhile, the trucking company’s insurance adjuster may already be calling, trying to get you to accept a quick settlement before you understand the true value of your claim or the evidence that exists to prove it.

Do not face this alone. Our truck accident lawyers have the experience, technical knowledge, and resources to take on major trucking companies and their insurers. We will investigate your crash using every available technology, identify all responsible parties, and fight to recover the full compensation you deserve.

Contact Varghese Summersett today for a free, confidential consultation. Call (817) 203-2220 or contact us online. We serve truck accident victims throughout Texas from our offices in Fort Worth, Dallas, Houston, and Southlake. There is no fee unless we win your case.

Past results do not guarantee future outcomes. Every case is different.