What you do in the hours after a Florida truck accident can determine whether you ever see justice. The black box—technically called the Event Data Recorder (EDR)—captures vital information like speed, braking, and driver actions in the moments before a crash. But here’s the catch: this evidence can be lost or overwritten in a matter of days if you don’t act fast.
Florida law does not automatically require trucking companies to preserve EDR data after a crash. Under federal regulations (49 CFR § 395.8, § 390.15), carriers must keep certain records, but EDR data is not always included unless there’s a specific request. The Florida courts recognize the doctrine of spoliation, meaning if evidence is destroyed after a party is put on notice, the court can impose serious sanctions. That’s why sending a preservation letter immediately is critical. If you wait, the trucking company may legally dispose of the data, and your case could be irreparably harmed.
The most common mistake? Assuming the evidence will be preserved automatically. Another is waiting too long to involve an attorney, which can result in lost or altered data. The right move: contact a Florida personal injury attorney as soon as possible. Your lawyer can send a formal preservation letter, demand access to the EDR, and take legal steps to secure the evidence. Don’t let a simple oversight destroy your claim—act quickly, know your rights, and get experienced legal help on your side.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
