Doug Marcello
A major failing in trucking “defense” is that is seen as synonymous with “defensive”.
Too often trucking companies and their insurers hunker down after the accident, waiting for the bill board attorney to make their move. Worse yet, even after receiving the letter of representation, they sit by idly waiting for the plaintiff to dictate the time and place of the action.
Because too many see “defense” as meaning “defensive”. Enough!
THE NEED FOR AGGRESSIVE DEFENSE
Passive, reactive, “defensive defense” rarely if ever works. Aggressive, proactive “defenses” often do. And they do so by flipping the script on an opponent, even one that appears to be in stronger position.
Pick your example. Israel in 1966 compared to France in 1939. How did that “impregnable” Maginot Line work out?
How many times have you yelled at the TV when your favorite football team is ahead and decides to play “prevent defense”?
One of my favorite examples is from Malcolm Gladwell’s story of Vivek Ranadive, an immigrant from Mumbai who, despite having never played basketball, coached his daughter’s team to a national championship game despite only two of the girls having ever played organized basketball before.
“They weren’t all that tall. They couldn’t shoot. They weren’t particularly adept at dribbling.”
OK? So how did they do it?
Watching his first basketball game, Ranadive was struck by the illogic that after a basketball, the scoring team retreated and defended only about 24 feet of the 94 feet long court. “He thought it was mindless.”
So he applied the principle “that his team would play a real full-court press, every game, all the time. The team ended up at the national championships.”
Gladwell’s article expands the principle of aggressive defense to Lawrence of Arabia and David v. Goliath, the original pre-pay-per-view Match of the Century that has a scientific explanation. Great Read
And in case you think the full-court press, aggressive basketball only works with youth sports, ask a Razorback fan the name of Coach Richardson’s national championship style of play. Young ones—Google it.
The point is that too often trucking companies and their insurers only defend the last 24 feet of a 94 feet long contest. They concede the early going, even the middle going, and hunker down for a final skirmish.
You need to take the fight to them. Particularly after the letter of rep. Keep reading. I’ll get to it.
PROACTIVE, AGGRESSIVE TRUCKING DEFENSE
So what can you do? Hope the advertising plaintiff attorney won’t sue? Avoid antagonizing them and maybe they’ll be kind and gentle? How’s that been working for you?
Sounds ridiculous, but it is too often the “strategy”. If you can call sitting by passively and waiting for the attack a “strategy”.
BEFORE THE ACCIDENT
I’ve written and spoken a lot about pre-accident preparation, so let me just give a recap.
The highlights:
-Have an accident response plan in place NOW;
-Train your driver
-Thoughtfully select and train whomever is going to take “the call”;
-Preselect experts and ensure their 24/7 availability;
-Know what you need to do to preserve data—ECM, telematics, video,…;
-Review your safety plan, manual, training, …and prepare as if you will have to defend it at trial;
-Identify who is going to be the “face of the company” in a suit and prepare them.
Key—if you were on the witness stand, what evidence would you want to present? Develop it now. After the accident, it’s just back-fill.
WHEN THE ACCIDENT OCCURS
Act immediately. Investigate. Document. Get statements from witnesses. Do something!
We have an advantage that none of those daytime TV attorneys have—immediacy. We know about the accident before any of them. If we are not ready and act immediately, we will have squandered our greatest of assets.
Don’t rely on your insurer. If they act immediately-great. If not, protect yourself. In a world of high insurance rates and significant risk retention levels, it’s your money.
You can’t afford to sit by idly if your insurer delays in assigning an adjuster, opening a claim,…. One of my grandmother’s saying was, “the Lord helps those that helps themselves.” Act immediately. Help yourself.
Take the slack out out of the post-accident chain. Do something.
AFTER THE ACCIDENT
This is where the “hunker down”, “defensive defense” is tragically the norm. “What can we do except wait until they sue?” Answer—A lot.
Sue them first. If you have an argument as to liability and you’ve suffered damages (PD, cargo, downtime,…), sue them first. This gives you the jump on the cable TV attorneys by being able to subpoena records and propound discovery against the claimant who, at this point, is represented by the auto insurance company attorney.
More importantly, you have the potential to anchor jurisdiction in the location of the accident rather than allowing the plaintiff to drag you into a “hell hole” on the theory that you are a trucking company and can be sued anywhere. This can save you millions and the industry as a whole hundreds of millions of dollars.
You may even be able to prevent the claimant from if you get a judgement in your favor against the claimant. This can result in res judicata or collateral estoppel–legal terms for “you had your chance and you lost. Good bye.”
Someone recently told me that they do this. “We pursue subrogation on all our cases. We often get our money without having to sue.”
They’re missing the point. You might not want to get your money right away, otherwise you could lose being in a conservative jurisdiction. Sue them. Maximize your suit per discovery and jurisdiction.
Watch the Video Tease–learn what Coach Bill Walsh said before every big game that is the best advice for your defense. But…you have to watch the Video
Push back against the Letter of Representation. Shortly after the accident you will get the standard letter of representation from the advertising attorney—“This is my client. No further communications with them. What are your policy limits?”
Too often this is sent to the insurer after which it is filed it away and waiting for the inevitable. And all that time the claimant is running up medical bills from a doctor to which they are frequently referred by their attorney.
Do something. Push back. Have your attorney send a letter and say all communications are to be to them. And do more.
Include medical and employment record releases in that letter for the claimant to sign and return. Request a list of medical providers and employers. State your need for these records to promptly investigate the claim and potential prejudice if not provided. And do more.
Request that their client submit to an immediate medical examination. Again, make clear the prejudice that you will suffer is they do not agree to do so.
What responses do I get from the plaintiff attorneys when I do this? “I’ve never had this before.” Or, more often, “What right to you have to request an exam before suit?”
My answer? “None. But I’ve documented my request. If this goes forward, you and your client will have to explain why, if you were really injured, you would not let our doctor examine them.”
Quite frankly, I don’t care if they agree to it or not. If we get the exam, great. if not, we have documented the record as to our request. Documentation to challenge that ongoing treatment and medical expenses run up before they file suit.
BOTTOM LINE
We cannot concede an inch. We cannot make it easy for those who want to eat your lunch. That is exactly what “defensive defense” does.
Learn the lesson—full court press in defense of your company.
Jim Stinson
Dive Brief:
- Labor costs for repair and maintenance increased 2.6% between Q1 and Q2, according to Decisiv’s and the American Trucking Associations’ Technology & Maintenance Council’s North American Service Event Benchmark Report. Overall, cost of parts increased by 2.8% in the same time period, with tires increasing 10.7% and the cost of transmission parts rising 9%.
- But time between breakdowns is improving. TL carriers averaged 23,769 miles between breakdowns, up 8.8% from Q1, according to a survey by TMC and FleetNet America.
- LTL carriers bettered their performance by 4.1% from Q1 to Q2, increasing to 46,186 miles from 44,380 miles, according to the TMC/FleetNet America survey. The tank sector had a 4.7% improvement, running 18,241 miles in Q2, up from 17,420 in Q1.
Dive Insight:
Unscheduled maintenance and breakdowns have been a rising cost issue since early 2020, but now the issue of inflation appears to be rearing its head. Costs have been spiraling upward for quite some time.
In June 2020, FleetNet reported Q1 2020’s cost for a mechanical repair was $491, 30% higher than repairs in Q4 2019.
The arrival of COVID-19 worsened the costs, not because the raw materials behind steel and rubber became more rare, but because the supply chain slowed at first and is now currently experiencing congested ports and backed-up orders.
Costs for actual parts are also going up, along with the labor costs associated with breakdowns and even regularly scheduled maintenance.
“The increases in costs for parts and labor reflect the changes taking place in the North American economy,” said Dick Hyatt, Decisiv president and CEO. “Ongoing economic growth has led to a rise in freight volume and demand for carrying capacity. That is also being driven higher by the need to replenish supply chains that have been depleted due to manufacturing and distribution shutdowns during the pandemic.”
Hyatt said increased transport demand pushed up vehicle mileage and usage.
The heavy parts, as well as the electrical parts, went up by doubles digits. Lighting systems increased 17.4% in Q2 from a year earlier, transmissions costs were up 16.4% in the same time frame, and brakes costs increased 11.1%.
Emily Hurst, manager of data and analytics at FleetNet, said fleets seeking to cut costs need to mimic the habits of the best-in-class fleets in the TL, LTL and tanker divisions.
Such habits could include reinforcement and better insulation put around electric wiring and lighting lines to prevent problems that put out lights.
The Decisiv/TMC North American Service Event Benchmark measures results in 7 million commercial vehicles operating in the United States and Canada, serviced by Decisiv’s SRM platform. The surveys on unscheduled maintenance and general costs were both released before TMC’s fall meeting.
Fleets using in-cab cameras said they pay for themselves within months, as video exonerates drivers in crashes and drops insurance premiums.
Jim Stinson
When Keith Wilson proposed having an in-cab camera system for the trucks at Sharp Transport, the idea did not go over well with some drivers.
The system raised privacy concerns with drivers, not least of which was the fear that in-cab cameras would record while the truck was parked and the driver was sleeping. A few drivers threatened to quit the fleet if Sharp went ahead and installed the rectangular units, which would produce four different camera angles from the cab.
Wilson, Sharp’s director of safety and recruitment, knew he had to address the concerns before he implemented the policy change. After proposing the idea, Sharp contacted the chairman of the driver council the next day, said Wilson. “We met with the [council] a few weeks later to discuss and answer questions.”
“We showed them everything the camera did, and everything they did not.”
The list of concerns soon narrowed, with drivers asking if the cameras would be able to peer into the sleeper areas.
“The biggest objection obviously was the driver-facing cameras,” said Wilson. “We showed them everything the camera did, and everything they did not.”
One thing the cameras do not do is record when the keys leave the ignitions, Wilson said. The cameras even go inactive if a truck is idle for three minutes. And most important to drivers, the unit did not record the sleeper area, he told drivers.
Out of 150 Sharp Transport drivers, only three left the company after in-cab cameras were installed, Wilson told a WorkHound webinar last summer.
Then the policy paid off. Costs went down, and the cameras “paid for themselves.” Wilson said it only took eight months for the return on investment.
For truck drivers, often blamed for accidents, the in-cab video became a useful piece of evidence to show the police. Sometimes truck drivers were exonerated “on the spot” following an accident, after police reviewed the video, Wilson said.
“It changes the narrative really quickly,” said Wilson.
The video benefits
Alan Drazen, vice president of Simco Logistics, said its Samsara-branded video cameras have indeed exonerated the company’s drivers. But Drazen pointed to other benefits from the cameras, as well.
“The biggest change for us was the culture change,” said Drazen.
From safety to “harsh events” such as sudden braking, the cameras have proven their benefit by improving the company’s safety record, Drazen said.
The New-Jersey-based company has 160 trucks, Drazen said. The Samsara in-cab cameras have cut use of personal electronic devices by about 90%, he said. The video cameras, which can upload videos immediately after a harsh event is detected, are also used for driver coaching, tips and discipline.
As for privacy concerns, the drivers still have them, even though Simco has no overnight drivers. But Drazen tells the drivers that video is only uploaded to him under certain circumstances.
“If they don’t do harsh events, we’ll never see [the drivers],” said Drazen.
In three years of usage, Simco’s insurance premiums have dropped, Drazen said, as the company’s “culture of safety” grows.
“Right now, we are paying about 60% of what we were paying before the cameras,” said Drazen. “And [insurance premiums have] been dropping every year.”
Drazen said Simco agreed to a five-year prepayment for the Samsara cameras and service. The ROI was quickly recognized.
“We got a full recovery in costs in 18 months,” said Drazen. “It’s unbelievable.”
Drazen said he now promotes the cameras to other fleets.
“It makes it safer for everybody,” said Drazen.
Wilson said the time from idea to implementation of in-cab cameras relatively short, and the ROI came quickly.
“The proposal and vetting process took about a month to complete. Two weeks to finalize the financial aspect, a week to have shop personnel trained to install,” Wilson said. “We estimated three months to install in all units.”
From skepticism to support
The cameras can notify dispatch offices immediately after a harsh event. In Samsara’s case, the cameras can upload video immediately via cellular networks.
Samsara is aware of the concerns drivers have at first. The company has a blog that offers nine tips “for getting driver buy-in on dash cams.”
As with Sharp Transport, the first strategy advised was meeting with drivers and transparency. And during those meetings, showcase real exoneration footage, the blog states.
“We got a full recovery in costs in 18 months. It’s unbelievable.”
“Successfully exonerating drivers is the most powerful way to get skeptical drivers in support of dash cams,” the blog, written by Samsara product marketing manager Eleanor Horowitz, said. “If you have an example of a near-miss or not-at-fault collision that was captured during a pilot, share the footage with all of your drivers.”
Wilson said there is no legal precedent that favors violations of privacy for company-owned vehicles.
“We did have to compromise with our owner-operators,” said Wilson. “They agreed to have the cameras installed on all of their vehicles with the option to have the driver-facing camera turned off.”
Privacy issues aside, Samsara makes the lure of decreasing accidents and premiums the main selling point in the promotion of the cameras. The company, on its blog, cited a June report by Frost & Sullivan. The report noted the FMCSA estimates that 71% of large-truck crashes occur due to driver distraction.
“Unsafe practices, including texting or calling while driving, increase the likelihood of crashes,” the report reads. “They also affect a fleet’s brand image and reputation, while creating challenges related to driver retention.”
Frost & Sullivan concludes that the U.S. and United Kingdom market for such cameras will grow by 22.2% from 2018 to 2025, surpassing 3.5 million units by 2025.
Wilson said Sharp’s accidents have dropped 125% since cameras were installed, and part of the reason is the psychology involved.
“Just having the camera in-cab changes behavior,” said Wilson.
Ryan Driscoll
Years of rising insurance premiums have pushed fleet operators to their limits, with many insurance carriers mitigating costs through dramatically increased deductibles and reduced coverage, according to the American Transportation Research Institute. Yet, a growing number of carriers are reining in insurance spending – without taking on excess liability – by leveraging advanced fleet safety programs.
Powered by artificial intelligence, global positioning systems and other technology, today’s safety platforms are helping organizations not only to reduce outlays for insurance premiums and settlements, but also to incur fewer citations, conserve fuel, reduce wear and tear on vehicles and, most importantly, experience fewer accidents.
The right tools can help drivers protect themselves and others from accidents. When an accident does occur, telematics and smart cameras can provide a record and valuable context of the event. Even when a fleet’s driver is at fault, a strong safety program demonstrates an organization’s commitment to safety and can aid in negotiating a settlement.
Follow these seven steps to create a fleet safety program or transform a mediocre system to be state of the art.
1. Evaluate your organization’s telematics
There is a reason that more than half of commercial vehicles in the United States use telematics devices. Data tracking is essential to identify challenges and give managers visibility into driver behaviors and vehicle operations. The more detailed the data collection, the clearer the picture and its applications to shape ongoing improvements and driver coaching.
Fleet technology has expanded past basic location tracking (although that remains an essential element) to now record or flag incidents of unsafe driving. A system can warn drivers when they exceed the posted speed limit, for example, and can be set to alert managers by text or email of speeding or other incidents. Smart dash cameras not only reveal unsafe driving but also help defend against false claims. The most advanced dashcams record multiple views, which can reveal reasons for hard braking or sudden lane changes, potentially proving that a driver was paying attention and acted to avoid an accident.
2. Identify your safety challenges
Telematics systems that integrate smart cameras reveal which drivers are following the rules and which are breaking them. Fleet managers can share this hard proof with individual drivers to identify each person’s opportunities to drive more safely, such as complying with a smartphone policy or paying special attention to traffic signals and posted speeds. After installing smart cameras, fleet managers often discover issues that had gone undetected, such as inconsistent seatbelt use.
3. Close telematics gaps
Is your technology collecting the necessary data to address all your safety needs? What about other telematics applications, such as informing operational adjustments to improve fuel efficiency or reduce wear and tear on vehicles and equipment? It may be a worthwhile investment to add forward- and driver-facing video capability, to begin tracking engine idling or to evaluate a driver’s route selection, which can affect fuel consumption and customer wait times as well as vehicle wear.
4. Establish challenge-based goals
The transparency that telematics and video evidence bring to the table can help managers cut to the chase in confronting drivers about their unsafe practices. Rather than delivering a laundry list of safety mandates for all drivers, tailor goals to the individual’s problem areas. Driver A may need to focus on coming to a full stop at stop signs, while Driver B needs to stop speeding and learn to buckle-up behind the wheel. Set achievable goals and use your fleet safety technology to confirm progress.
5. Update your driver safety policy
A baseline of expected behavior helps drivers maintain safety by following the rules. A policy also lets the organization explain what data it collects and why, including how management will use data to reach its goals. Spell out training requirements, authorized uses, maintenance expectations and background check authorization. Require employees to acknowledge the policy. Explaining in the policy how telematics enables the company to enhance safety, save money, verify compliance, improve customer service or meet other objectives can increase employee buy-in.
6. Benchmark the fleet
Take some time to document how each driver typically performs before launching into an improvement campaign. This is also a good time to benchmark vehicles and equipment for later comparisons of fuel consumption, wear and other metrics.
7. Coach for long-term improvement
The technology is in place, safety challenges identified, and drivers know and understand which behaviors need improvement. The final step is to check in regularly and review their performance, marking progress against earlier benchmarks.
Some organizations hold up their best-performing drivers as examples to others, awarding gift cards or other recognition on a regular basis as an incentive for consistent, safe driving. A sense of friendly competition can help employees view cameras and telematic devices as tools to meet shared goals, protect drivers from false claims, and verify the quality of their driving. With the right telematics partner, a fleet safety program can be the answer carriers seek in the quest to counter rising insurance costs. By following the seven steps and leveraging today’s advanced technologies, fleet operators will reduce accidents and make the roads safer, while at the same time reduce risk and qualify for lower premiums.
Being a carrier can be highly rewarding except when you struggle to find truck loads. And, not just any truckloads, but the right ones: those that work with your schedule and in your preferred lanes.
The good news is, there are strategies and tools to find profitable jobs that keep you running and expanding. Take advantage of these 10 suggestions to find the right loads for your particular operation.
1. Decide who you want to work with.
Understanding the makeup of your ideal customer is the foundation of your business. While it might be tempting to take any job that pays, not being specific enough can leave money on the table. When looking for the ideal customer, keep in mind the following things:
- Reputation. Working with reputable brokers usually means a steadier payout. There are some benefits to working with customers who might not have a long-standing reputation yet. Maybe the pay is higher, or you want to build a long-term relationship that might lead to a higher volume or more convenient lanes. If you decide on this route, be sure you understand the risks. Overall, the rule of thumb is: be on the lookout for fair-minded brokers who have relationships with the types of customers you want.
- Location. Focus on the geographic area and lanes that make the most sense for you, your equipment, and your lifestyle. Maybe you want to spend more time with your family. Or maybe you want to avoid winter blizzards, or severe weather in the Plains states come spring. Maybe you’re not into spending 10 hours crossing Texas. Whatever your preferences, once you’ve mapped them out, look for loads in convenient locations or that can be hauled through your ideal lanes.
- Pricing. The dream, of course, is to find brokers offering well-priced loads, including some that offer quick-pay and reasonable days-to-pay options. But go beyond the numbers and look at the job as a whole. Does that high-paying load come with hidden headaches? Maybe some lower-rate jobs are in great lanes, or the route circumstances are perfect. Look at the bigger picture when it comes to price.
2. Use a load board.
A good load board is the best tool you can have for your business. But a word to the wise: when it comes to load boards, you get what you pay for. While you might not shell out a cent for access to that advertised “free” load board, it could still cost you. Many free boards don’t include critical information such as costs or even lanes. Fraud can also be more prevalent on these boards. Scammers can steal a broker’s identity, book a load demanding up-front payment, and then take the cash.
To find a reputable, high-quality load board, look for:
- Flexibility. In this case, flexibility means a larger pool of lanes and shipments. It also means access. You want a load board that’s easily accessible, either from your home computer, a laptop or tablet, or your smartphone. It’s also a good idea to seek out load boards with apps that work across multiple platforms.
- Options. As a carrier, you have specific requirements. There are certain types of loads you can carry and geographic areas you prefer. The best load boards offer plenty of information to help you make decisions, including rates, heat maps (for planning), origin and destinations, and broker ratings.
- Volume. Paying for a load board is an investment that pays for itself. It allows you to quickly find good loads from brokers and shippers. Before you sign on with any load board, make sure it offers the types of freight you can haul.
3. Work with a freight broker.
When used in tandem with a load board, freight brokers can be your best friend when it comes to snagging the best loads and finding the most convenient lanes for your purposes. Freight brokers connect shippers to truckers and are excellent sources for jobs, especially if you’re just starting in the business. The best part is that freight brokers do most of the legwork for you, from negotiating shipping rates to handling certain administrative tasks. Building a relationship with a reputable freight broker can be a smart long-term investment that brings you consistent, quality work.
If you’re thinking about partnering with a freight broker, be sure to understand the costs. Good brokers should be upfront about commission fees and transportation costs.
4. Get approved for “Book It Now” loads.
If you have a network of brokers you know and trust (and who regularly use your services), Truckstop.com’s “Book It Now” instant load app can save you time and money. Book It Now connects you to a pre-vetted load that fits your equipment, pricing, and lanes without having to search multiple apps or platforms. The app gives you all kinds of data from the broker, so you have accurate load details with the flexibility to book at any time, day or night. This means you know exactly what to expect before hitting the “okay” button.
Book It Now is free for carriers. Just fill out the email template to let brokers know that you’re qualified, ready, and able to help them out.
5. Analyze information.
Data is king when it comes to finding your ideal loads. Quality load boards should offer in-depth information, such as broker contact info and location, rate trends, lanes, and type of loads. The Truckstop.com Load Board offers plenty of data, highly accurate and current, making it easier to figure out costs and profits for every load.
6. Run a backhaul search.
Running a backhaul search means you’re working backward. In other words, you’re looking at the destination to see what kinds of outgoing loads might need transport. By doing this, you can get a list of truckloads to sort by rate, miles, and shipping company. Many carriers find backhauling extremely valuable, especially when more loads are coming out than going in. It’s also a smart way to break into new lanes.
7. Sell yourself.
When asking yourself how to book truckloads, be proactive rather than reactive. Let brokers and shippers know that you’re available for hire and can deliver their goods on time. Do you have a hazmat certificate? Do you specialize in moving heavy freight? Don’t keep it a secret! Head to your favorite load board, post your truck and add as many details as possible to help others find you with their most important search terms.
8. List more than one type of transport.
Just because you drive a reefer, flatbed, or dry van doesn’t mean you can’t do a little cross-cargo listing. Consider using your refrigerated truck to haul dry goods if there aren’t any perishable goods to carry. Or, maybe your flatbed can haul other heavy items. Obviously, it won’t work for everything. You can’t carry ice cream on a flatbed. But with a little creative thinking, you might find extra loads you hadn’t considered before. Also, if you restrict your search to only full truckloads, you could be missing out on less-than-load (LTL) options. Will you be paid less for that job? Yes. But you’ll also be building good customer relationships for down the road, and you can fill your truck with other LTL loads to make more money and be profitable on that haul.
9. Register as a government contractor.
Private companies aren’t the only ones on the hunt for haulers. Government organizations also outsource transportation needs. We aren’t just talking about the federal government, either. Local city governments need things hauled, as do county municipalities and state agencies. In every part of the country, there’s a government entity that needs to move something. The only challenge with these jobs is that you need to register as a government contractor, which requires a few extra steps. If you want to avoid the paperwork and other requirements, consider partnering with a company that already has a government transportation contract.
10. Work with truck dispatchers.
Truck dispatching services are another route to finding the right brokers and shippers. Some dispatchers go a few steps further, offering administrative assistance in accounting, billing, and collections. While you’ll have to pay a bit extra for these, you get time back that you can spend focusing on the road or with family.
Dennis F. Andrews & Rudy Limpert
Introduction
Motor vehicles are increasingly equipped with electronic controls to accomplish a large number of different safety, emissions and comfort functions. The first large truck electronic ABS controls were introduced in Mercedes-Benz trucks equipped with air brakes in 1976. Although FMVSS 121 required indirectly (only momentary wheel lock was allowed) ABS brake controls by 1975, wheel speed signal processing was done by relatively slow analogue circuitry. The ABS requirement was deleted until 1999. Currently, analogue signals from sensors are processed in the micro-processor. The micro-processor causes an analogue signal to be produced to actuate valves or other electric components.
With increasingly stringent emission controls placed on combustion engines, electronic micro-processors (ECM) were first used in the mid-80s and are standard equipment in motor vehicles today.
Today special expertise and equipment must be used to properly download stored data from micro-processors. Once downloaded, the data can yield valuable information about the operation of the vehicle at the time of a collision or emergency braking situation involving the vehicle.
Fundamental Considerations
Electronic Control Modules (ECM) often contains valuable data to assist in the analysis and reconstruction of large truck traffic accidents. ECM data are often compared to the data collection capabilities of Electronic Data Recorders (EDR) found in passenger vehicles. However, the two units are in fact different and designed with different algorithms and purposes of data collection.
The EDR is designed to monitor aspects of passenger vehicle operation and then capture and store a short period of vehicle operation data in the event of a collision requiring air bag deployment, usually about 5 seconds. Data captured usually consists of documenting vehicle speed, brake use, seat belt use and deceleration experienced by the vehicle as a function of time. For example, immediately before a collision, an EDR wakes from sleep mode to capture and store data when pre-determined pre-impact deceleration thresholds are met, or in the event of a collision, impact sensors are activated. When the program criteria for an airbag deployment are met, the airbags are deployed and the captured vehicle operation data is store in a locked file for download capabilities. This file is a permanent file and cannot be overwritten with new data.
The ECM in a large truck is designed to continually monitor vehicle operation and capture data when vehicle components fail to operate correctly. In addition to capturing data when a truck’s component fails to operate correctly, the ECM captures data when the large truck experiences hard braking, or hard deceleration. A hard brake or hard deceleration is recognized by the ECM when the drive wheels experience a change in wheel speed of about 7 mph/sec. On dry ground this change in wheel speed equates to about a 0.31 g deceleration of the vehicle. However, because a change in wheel speed is being measured, wheel speed changes on wet or icy roads may occur quicker when brakes are applied because of reduced friction between the wheel and the roadway, triggering a hard brake data capture by the ECM.
In the event of hard braking or deceleration, data pertaining to the operation of the large truck is captured and stored in a temporary file which can be overwritten. Types of data captured by the ECM include data pertaining to vehicle speed, brake use, engine load and rpm, throttle use, and clutch use. Data previously stored in the temporary data file is over written by newly captured data obtained by the most recent hard brake, or hard deceleration, experienced by the large truck.
The ECM is the main control unit of the large truck.
Everything about the large truck is programmed into the ECM. Remove the ECM from the side of the engine, the large truck becomes inoperable. In short, the ECM is the central nervous system of the large truck. Data collected by the ECM are collected to facilitate servicing of the large truck engine.
The ECM captures data under two conditions:
1. When a vehicle fault is detected and recorded as a fault diagnostic code
2. When the vehicle experiences a hard brake deceleration where the drive wheel speed decelerates at a pre-set change in speed, usually about 7 mph/sec
When a vehicle fault is recognized, a fault diagnostic code is set and the ECM takes a snap shot of the vehicle’s current parameters and performance. The snapshot records such parameters as wheel speed and engine RPM at the moment the fault was realized. Only a limited number of fault code snap shots are stored at any one time.
During hard brake applications, or hard deceleration, often referred to as critical braking events, the ECM takes a snap shot of the vehicles parameters and performance. The snapshot captures such parameters as vehicle speed, clutch use, engine RPM and throttle use. The data is stored in a temporary file and remains there until it is overwritten with new data captured and downloaded by the ECM during a new hard brake event experienced by the large truck.
The deceleration of a large truck’s drive wheels is measured by a Vehicle Speed Sensor (VSS) pulse generator and tone ring that is mounted on the tail-shaft of the transmission. The ECM measures the VSS pulse frequency, and then calculates vehicle speed.
Preset decelerations vary from manufacture to manufacture. For example, the deceleration threshold for a Detroit Diesel ECM is 7 mph/sec., about 0.31 g’s, while the deceleration threshold of a Mack ECM is set at 10 mph/sec., about 0.45 g’s.
Because the speed data collected are based on the semi-tractor’s driver axle wheel speed, proper investigation needs to include the size of the wheels on the semi-tractor at the time of the accident. The proper tire size for the semi-tractor is generally found inside the driver door on the door latch pillar or “B pillar”. After insuring the semi-tractor is equipped with the proper tire size, the investigator can take his investigation one step further by measuring the radius of the drive wheels. Doing so will allow for calculation of the wheel speed when coupled with the appropriate axle ratio, engine RPM and transmission gear position at the time of the hard brake event.
Time periods recorded during hard brake events generally range from 32 to 105 seconds before the hard brake event and 15 seconds after the hard brake event. Fault code snapshot times are typically 44 seconds before the fault code detection and 15 seconds after.
Snapshots taken during hard brake events and fault code detection are not taken for use in accident reconstruction. These snapshots are taken for vehicle servicing and fleet management. Accident reconstruction personnel have adapted the use of the collected data to accident reconstruction. Because the data are not collected as an accident reconstruction tool, care must be taken to associate the collected data with a complete reconstruction of the accident utilizing traditional reconstruction procedures. For example, speed obtained from an ECM data recorder MUST be consistent with the calculated speed based on crush damage, distance traveled, and associated drag factors.
Fault codes can occur at any time during the operation of the large truck. Fault codes of interest to the accident reconstructionist are codes set during a collision under investigation. If power is not lost during the collision, fault codes can be set during the collision. For example, if the collision results in the radiator being ruptured and radiator fluid is lost, a radiator fault code can be triggered that captures the speed of the large truck at that moment. Fault codes captured during a collision may provide wheel speed, engine RPM and other pertinent data associated with the collision, even if a hard brake event before the collision was not detected. For example, a collision that occurs without pre-impact braking may still yield valuable information from fault codes triggered by collision damage and detected during the collision by the ECM.
Care must be taken when attempting to download fault codes. Fault codes are very sensitive in nature. Many fault codes can be cleared by starting the semi-tractor’s engine. Others can be cleared by attempting to download the ECM data, which then clears all set codes to their default settings. Because fault codes are easily lost, care should be taken to insure the tech downloading the information has a good working knowledge of obtaining fault codes before attempting to download fault code snapshots.
Unlike EDRs, data obtained by the ECM is not stored in a locked file that cannot be over written. With each hard braking event, the most recent snapshot is recorded. ECMs will store a preset number of fault codes and then start overwriting stored codes with the most recent recognized fault code. Because fault codes can be captured before a collision, care must be taken to ensure the data being reviewed pertains to the current event under investigation.
Care must also be taken when evaluating hard brake data captures. If more than one hard brake file is stored, be sure the correct file is attributed to the accident under investigation. For example, Detroit Diesel ECMs stores the last two hard brake events and the last stop. The last stop recorded will be identical to the most recent hard brake stop recorded if the last stop was the hard brake event that triggered the snapshot. However, if the semi-tractor was driven and wheel speed reaches 1.5 miles per hour and is then braked to a stop, the last stop record will show this most recent braking event as the last stop instead of a stop record identical to the last hard brake event.
Before the ECM data were obtained, efforts were made to calculate speed using traditional energy calculations by estimating the deceleration experienced by the semi-tractor and trailer due to braking. Most calculations used 50 percent of a full road surface drag factor of 0.73 for a deceleration of 0.36 g.
Because ECM hard braking data is not capturing data specific to a collision occurring, the data analyzer needs to determine where the collision possibly occurred within the data.
Conclusions
As can be seen in the information above, large truck ECMs can contain valuable information to assist in the reconstruction and analysis of large truck collisions. But like any tool, the ECM information is not a tell-all about the collision. The information must be used in conjunction with a complete analysis of all the evidence and information available. The investigator should become familiar with the type of engine and ECM on the vehicle so proper precautions and procedures can be taken to insure the safe download and usability of any stored information on the ECM in question.
Testing to determine the reliability of ECM speed data recorded by the various ECMs shows a good correlation between the captured data and the actual measured data of the large truck. When proper analysis between the captured data and the physical evidence is performed, an accurate representation of the large trucks speed at the time of the accident can be given.
ECM data downloads are another tool in the arsenal of accident investigators resources to reconstruct an accident involving large trucks. When proper precautions are taken so data is not lost or destroyed, the reconstructionist can obtain valuable data to assist in the analysis and reconstruction of these complex traffic accidents.
