Newsletter
The Science of Justice: How ECM Data and the Global Positioning System Have Revolutionized Truck Accident Litigation
Evolving technologies are making a difference in the work and conduct of truck drivers--particularly long-distance truck drivers. Trucks are being linked to their company headquarters via satellites and Global Positioning System (GPS) receivers through which they can be tracked and provided with virtually any important communication within seconds, including weather reports, directions, and other beneficial information. The information recorded by more recent ECM's isn't terribly different from the earlier systems, but the data is recorded with more accuracy, detail, and, for the most part, less input from the driver. Because of the quick progression of this sort of technology and the current reduced cost of tractor-trailer tracking systems, more truck companies than ever are able to track down their trailers and keep a watchful eye on their assets as well as their drivers' activities. This can be essential in truck accident litigation if you know what to request.
Qualcomm
Qualcomm's OmniTRACS system is a satellite-based tracking and communications system that includes instant messaging and position reporting between truckers in transit and their carriers. Messages are sent via satellite through Qualcomm's Network Management Center to dispatch centers throughout the United States. Currently the most widely utilized satellite receiver being placed in tractor-trailers is used in conjunction with Qualcomm's OmniTracs system, although multiple other truck tracking devices use the federally-owned Global Positioning System's satellites, like Vistar's GlobalWave or Sky Blitz's GLS which are deployed on fleets across the nation.
Qualcomm dominates the truckload market for mobile communications with its high-orbit satellite-based OmniTRACS system used to track truck locations, identify problems, and determine if deliveries will be on time. The unit is similar to a mini computer with a keyboard and message screen where truck drivers and company officials can send messages back and forth via email and maintain regular contact. The Qualcomm system has proven to be a valuable message tool when drivers or dispatch have needed to quickly contact each other. Other Qualcomm products include everything from e-mail to the ability to record trailer temperature:
- OmniOne: The OmniOne system allows mobile workers to communicate with the back-office enterprise systems of larger fleets and logistics companies via cell phone when load information is sent from dispatch to an OmniOne system-enabled phone. After receiving the load assignment, a driver presses a key to update the load's status.
- OmniExpress: The OmniExpress mobile communications system supports two-way data and optional voice communication, vehicle tracking, and real-time integration. It was created for vehicles operating in metropolitan areas and along major highway routes.
- GlobalTracs: The GlobalTracs system transmits equipment engine hours and location data at regular user-defined intervals or on-demand. The data can be accessed via the internet or the information can be integrated into existing business systems.
- TrailerTRACS: Qualcomm has made it possible to include the trailer while tracking. This system is capable of recording refrigerator temperatures on a trailer and sending the information to the tractor, where it is then, through satellite communications, transported to the fleet office. TrailerTRACS notifies dispatch of hooks and unhooks as well as other trailer-related events.
- FleetAdvisor: The FleetAdvisor can be used with automated dispatch systems and other back-office applications. It supports full-function, on-board computing, electronic DOT logs, state line crossing, vehicle tracking, back-office software, and real-time wireless communications.
- TruckMAIL: TruckMAIL was designed with smaller fleets in mind. The system provides two-way communication and satellite tracking. Drivers read and send text messages from a display unit in the cab, and dispatchers monitor vehicle location and send and receive messages with TruckMAIL software.
- All of these services are just varieties of one system and have the same feature set. Typically, a vehicle using one of these services would be fitted with a monitoring system responsible for gathering information from various monitors placed on the tractor, trailer, and cargo. The monitoring system's exact location is made possible through the implementation of a global positioning system receiver. Some of the lesser known companies that provide communication management system services for the trucking community include:
- Axiom Navigation Inc.: Axiom makes GPS receivers and offers six Accu-Tracker mobile communications units. Short-range units automatically download data from trucks returning to a terminal, for example, while long-range units with optional battery backup can be used for trailer tracking throughout most of North America.
- iNet-Blue Corp.: The iNet-Blue company offers tracking and GPS products for trucking like the BlackHawk Tracker, which is designed for use with untethered trailers, reefers, and containers. The company calls BlackHawk "reusable" because it can be temporarily attached to a trailer or container for a single use then easily moved to another unit. The company also introduced the Penguin system, a separate unit that mounts in a reefer to constantly monitor and keep a record of temperatures. The Penguin communicates wirelessly with a trailer-tracking or mobile communications unit elsewhere on the truck. iNet Blue products use various communications modes.
- Teletrac Inc.: Teletrac's VLU+ (Vehicle Location Unit plus) provides tracking data over AT&T, Verizon and Alltell CDPD (Cellular Digital Packet Data) networks, which serve primarily metropolitan markets. The company's ATU (Asset Tracking Unit) provides untethered trailer tracking. ATU draws power from a battery or from a solar panel and communicates over Numerex's Cellemetry network, which is built on the backbone of the analog cellular system. Teletrac has a feature that immediately alerts dispatch of problems such as unauthorized use of a vehicle. Alerts can be sent to one or more email addresses or cell phones.
- Terion: Terion's only product is FleetView, which communicates from trailers -- hooked or not -- over the Verizon cellular network. Terion also has Cargo Sensor, a single-component adjunct to FleetView that mounts inside a trailer to detect the presence of cargo. Cargo Sensor uses ultrasonic, high-frequency sound waves to determine an empty or not-empty environment and reports to fleet customers. According to Terion, Cargo Sensor is adaptable to trailer lengths and interior surfaces -- plywood or metal plates, for example -- and can record the exact time a trailer is emptied so that carriers can, among other things, verify claims for detention and storage charges.
- Vistar Telecommunications Inc.: Vistar Datacom offers the GlobalWave system for tracking and GPS. GobalWave communicates over a high-orbit satellite, which provides near universal North American coverage and service from hooked or unhooked trailers. The onboard system can report the status of reefer units and truck doors. With an optional lithium battery, a GlobalWave unit can operate for as long as four years. In conjunction with other products, GlobalWave can provide driver/dispatch messaging over the same wide coverage area. Vistar works with a number of partners such as Preco-Boise that offer a range of mobile tracking and communications products.
Evolution of the Electronic Control Module
The concept of using onboard computers in trucks for data recording isn't new- an earlier data collection device developed in the seventies called the tachograph automatically recorded data relevant to commercial vehicle operation such as the number of miles driven, the number of stops made, and speed before printing the information on disc-shaped graph paper with an ink pen. Most tachographs were constructed to fit in the dashboard, in plain sight of the driver right next to the vehicle's speedometer. The major downside of the tachograph was that it generated far too much paper, and truck company managers found it difficult to keep the numerous records organized properly for government records-they needed the information to be conveyed in a more accessible and convenient manner. Thus the trucking industry, like so many industries before it, turned to the rapidly evolving computer industry for a fast and efficient solution. And of course computers complied as they continued to shrink in size and conveniently slink onto the dashboards of trucks in addition to the multitude of desktops they already occupied in Europe and America.
Electronic sensors were installed in production vehicles as early as the 1970's after electronically controlled fuel injected engines were increasingly implemented into the automobile industry that were far more efficient than the mechanical recording devices used before them. These early computers-dubbed Engine Control Modules-were typically mounted to the engine block and they gathered current information about an engine's operation through the use of sensors. There were several different sensors that recorded various data, but in general the majority of them collected information concerning the throttle position, engine rpm, and airflow. After this information was recorded it was presented to the engine control module for analysis, which then, depending on its programming, could send instructions the way of an actuator that could alter the variables necessary to make adjustments to the way the engine it monitored was running and thus provide a notable increase in the vehicle's fuel economy. Today, the manufacturers of all diesel engines for commercial vehicles use electronic controls for the pressurization of the fuel, the injection of the fuel, and timing. The major features on the most widely used engines in the trucking industry (Caterpillar, Cummins, Mack and Detroit Diesel) are:
- starting air pressure
- filtered/unfiltered engine oil pressure
- oil temperature
- coolant level/temperature
- crankcase pressure
- fuel temperature
- inlet air temperature
- engine speed
- cylinder exhaust temperature
- exhaust stack temperature
- ignition timing
- detonation
Truck drivers used the earliest computer systems with ease-the driver only had to make preprogrammed entries by typing in a limited amount of raw data on the front panel of a recording medium in the form of a cartridge installed in his truck. The cartridge would, at a later time, be inserted into a main computer in order to generate more detailed and easily discernable reports. Many mechanics found these new systems extremely difficult to service, however, which resulted in the introduction of onboard diagnostics in the early 1980's as electronic systems began to replace mechanical systems in automobiles. A vehicle's onboard diagnostic system is basically just computer software that has been installed into its onboard computer in order to monitor and control its engine and emissions. With onboard diagnostics came an increase in the capabilities of the engine control module (also referred to as the electronic control module, or ECM.) It now had the ability to monitor problems within itself as well as its sensors, and could even store information regarding the problems it detected-an ability that not only helped mechanics to repair the modules, but that constructed the framework for the highly advanced data recovery technology that exists today and can be essential in accident reconstruction.
The increased ability for additional information to be recorded with the new computerized data collection units at less cost than one of the original tachographs soon proved to be of considerable importance in the quest to keep truck drivers on the straight and narrow regarding safety issues. As these early computer systems progressively became more sophisticated, they soon had the ability to monitor both the behavior of the rig and the driver's habits, essentially becoming the truck's "flight recorder."
The leaps in technology computers provided for the commercial motor vehicles quickly expanded to include several variations on the initial computer-driven data recorders. Perhaps to compliment the first electronic engines mobile radio, satellite, and cellular telephone based equipment was introduced and actually becoming fairly prominent in semi trucks by the mid 1980's.
The Global Positioning System
Initially, the Global Positioning System was developed as a military navigation system, but it soon became accessible to the general population. The GPS consists of 27 satellites that orbit the earth-24 of them are in operation and the presence of the extra remaining three is to ensure that the system will have a replacement satellite in the event that one of the 24 fails. A GPS receiver's function is to locate four or more of these satellites, calculate the distance to each, and utilize this data in order to figure out exactly where it is located on Earth. When the receiver completes this calculation it can then report the latitude, longitude, and altitude of its current position. A standard GPS receiver will not only locate itself on a map anywhere in the world, but it also has the ability to follow its own path across a map as it is moved, and also has a built in clock that can provide valuable information such as the distance it has traveled, the average speed of the journey, or an exact path it has followed on the map.
In the trucking industry, this satellite link from tractor-trailers to their company along with an Electronic Control Module allows dispatchers to monitor their driver's location as precisely as within twelve feet of their tractor, lets them know the amount of fuel the truck has consumed, and indicates the tractor's overall engine performance. This information often leads to the early detection of impending mechanical problems or driver delinquency which, upon discovery, ultimately cuts costs for the trucking company in improved fuel economy and reduced maintenance as well as increased revenue due to an increase in the amount of time drivers actually haul freight.
Litigation
The trucking industry isn't the sole party affected by the satellite linkage industry-the information retrieved from a tractor-trailer's ECM is invaluable for attorneys proving liability in a truck accident. The capability to record pre-crash data originated with some late nineties GM vehicles--these engine control modules, now installed on most modern tractor-trailers, are similar to the "black box" technology widely used by commercial airlines to document the final moments before a crash. In trucks, depending on the particular vehicle, all or a subset of the following data may be available:
- periods of stop-and-go driving
- throttle position (5 seconds before impact)
- state of driver's seatbelt switch (on/off)
- departure and arrival times
- vehicle stop time
- road miles
- cruise control time
- number of unnecessarily long stops
- number of time exhaust rises above a safe temperature
- engine warm-up and engine cool-down times
- idling times
- vehicle speed (5 seconds prior to impact)
- engine speed (5 seconds before impact)
- brake use (5 seconds before impact)
- fan clutch use
Considering that approximately 18,000 tow-away crashes occur every day, technology allowing vehicle safety researchers to collect accurate and detailed crash data can not only determine who was at fault in an accident, but also help to engineer reconstructions of truck accidents-this often lends insight to a crash that other engineering methods don't. For example, crash data from heavy trucks can provide a record of driver behavior and vehicle speed for nearly 2 minutes and provide a clear picture of pre-crash events.
Many attorneys neglect to investigate an enormous amount of electronic evidence that can be documented and authenticated because they assume the complexity of the process is more expensive and time-consuming than it really is. With the use of trained computer forensic examiners, however, new techniques that safely and effectively recover evidence can be performed for less than $5000. Today a rapidly growing number of professionals specializing in litigation support like electronic discovery consultants or truck accident reconstruction specialists offer extremely helpful services to attorneys including electronic document conversion, scanning, indexing, and online repositories.
First either file suit and request a TRO and injunctive relief to preserve evidence, or issue a demand letter and secure written assurance that all of the electronic data important to the case be preserved, and then hire an actual electronic discovery consultant to help collect, analyze, and process data. The experience of a consultant who is both a lawyer and trained in the type of computer forensics found in trucks might also be valuable while preparing discovery requests related to electronic documents and reviewing and evaluating discovery responses.
Plaintiff's counsel should investigate all communication systems relating to their case, but it's imperative to be aware that companies generally don't download information from an ECM and have it available for immediate investigative inquiry. In fact, under the current code of Federal Regulations they aren't even required to keep the stored information for a specific amount of time. If you don't retrieve the information within 30 days, it's quite likely the information will have already been deleted. If you quickly obtain other necessary documents for your case-credit card receipts, bills of lading, logs, and payroll records-the ECM can then be used to compare information and determine factors such as geographic location and speed.
Driver activity will be more closely monitored in the future-currently, it is common for an ECM to keep track of fuel usage, braking events and following distances-but one day information like how much time the driver spends in each gear, how much time he spends sleeping and resting, and the number of clutch applications he uses on a journey as well as the movement of the accelerator pedal will also be recorded.
Most semi-trucks currently use data recorders equipped with modern conveniences such as GPS receivers, wireless technology, voice recognition, and video capabilities. A driver may simply utter the words "On Duty" to his electric log rather than having to record the time in his log book, and using the GPS it's possible to program trailer doors to only open when the cargo has reached its destination. All new vehicles have been fitted with controllers that record fault and service information, and have had fantastic results yielding improvements in safety, productivity, and operating costs. As these electronic recording devices become more widely used, they will inspire even more sophisticated technology in the future.
USA State Trucking Laws
Learn more about the trucking laws and
standards in your state by clicking on the map
