Our Approach to Securing Missouri
Black Box Data
Taking on powerful commercial trucking companies is not something you should face alone. From securing critical black box evidence to dealing with insurance companies and everything in between, our experienced Missouri truck accident lawyers take charge so you can focus on healing.
The following guide outlines our comprehensive approach to Missouri truck accident cases and subsequent evidence preservation, giving you a clear view of the process and our leadership in it.
Call InJerry Law today for a free consultation.
Big‑Picture Strategy (Missouri Flavor)
At Wallentine Injury Law, we know Missouri trucking cases are won with speed and specificity. Telematics and dashcams live in vendor clouds (Lytx, Samsara, Motive, Omnitracs, Geotab, Trimble, Zonar, Netradyne). If nobody saves the clip, default retention can purge it in days. Frame your case around native exports and admin/audit logs—and use Rule 61.01 when spoliation occurs.
Device Matrix (What Exists & Why You Care)
- ECM/EDR (HVEDR)- Engine control and associated modules (ABS/TCM) → speed, brake switch, throttle, RPM, event snapshots.
- ELD- HOS logs + edit/audit history, authentication logs, malfunctions.
- Telematics- GPS breadcrumbs (1–60s), speed, harsh‑event flags, routes, dispatch messages, posted‑speed layers.
- Video Safety- Dual‑facing or 360° cams with AI‑triggered event clips; reviewer notes and coaching outcomes matter.
- ADAS/Collision Mitigation- Bendix/OnGuard/Detroit Assurance/VADA → FCW/LDW/AEB triggers and calibrations.
- Trailer/reefer- GPS, door‑open, reefer temperature profiles, trailer ABS.
Volatility: Short retention for video/event clips (~7–30 days); telematics down sampling after 30–90 days; ECM non‑crash logs overwritten by key cycles; ELD supporting docs ~6 months.
Missouri Rules That Matter (with Tactics)
- Rule 56.01 (Scope & ESI):
- Demand native ESI (CSV/JSON/binary + readers), not screenshots.
- Ask for admin/audit logs from ELD/telematics to expose edits and retention settings.
- Rule 57.09 (Subpoenas):
- Aim at non-party vendors (Lytx/Samsara/etc.) using the carrier’s tenant/account ID; request export specs/field dictionaries.
- Rule 61.01 (Sanctions):
- If evidence vanished after notice, seek fees, re‑depositions, issue‑related sanctions, or an adverse inference where the court finds intentional destruction.
(Verify current rule text before filing.)
Missouri Preservation Letter (Short, Punchy)
Our Missouri truck accident lawyers use the following language in our preservation letters.
Re: Litigation Hold – Tractor [VIN/Unit] / Trailer [#], Crash [Date]
“Please preserve and do not alter, delete, or overwrite any data from on‑vehicle modules and cloud accounts, including ECM/EDR/HVEDR, ABS, TCM, ELD logs with edits/annotations and audit trails, telematics GPS breadcrumbs, harsh‑event logs, posted‑speed layers, all event/continuous camera video and AI tags with reviewer/coaching notes, ADAS warnings/AEB events/calibrations, trailer telematics (GPS/door/temperature), and maintenance/fault‑code histories, along with system configuration and retention policies. Preserve native formats (CSV/JSON/binary) and provide vendor tenant/account IDs. Do not power or operate the tractor until a neutral forensic module download is completed.”
Requests & Subpoenas (Missouri Sets)
Requests for Production (to the Carrier)
- Native ECM/EDR downloads (+ OEM viewer or PDF report) for tractor, ABS, and TCM.
- ELD- driver logs, edit/annotation histories, malfunctions/diagnostics, authentication logs, back‑office audit trails (native exports).
- Telematics- full breadcrumb exports, harsh‑event reports, posted‑speed source/version, configuration and admin change logs, retention policy in force on crash date.
- Video safety- all event clips + any continuous footage and AI tags, reviewer notes, coaching outcomes, and camera settings (FOV, trigger thresholds).
- ADAS- alerts/AEB event logs, calibration records, enable/disable settings, firmware.
- Maintenance- DVIRs, repair orders, fault‑code histories, parameter printouts (speed limiter, tire size/ratio).
- Vendor roster- platform names, tenant/account IDs, admin contacts.
Nonparty Subpoenas (Rule 57.09) – Vendors
- Narrow by date/time window, specify native output, and request the export schema.
- Provide the tenant/account ID so the vendor can pull the correct data. Offer secure delivery and reasonable cost coverage.
Spoliation & Adverse Inference (Missouri Focus)
- Make the record- send your hold letter immediately; ask the carrier to confirm activation and identify custodians and retention settings.
- Depose the process- who reviewed the clip? what was the default retention? did anyone “save/star” the event? what policy governed saving?
- Ask for admin/audit logs- they often show exactly who accessed or altered data.
- Sanctions menu (Rule 61.01)– costs/fees, limits on testimony, re‑open deps, issue sanctions, and—if the court finds intentional destruction—an adverse inference.
Missouri‑Style Defense Themes & Ready Replies
- “No crash event on the ECM.” → Request hard‑brake and other event types; many modules log speed/stop histories without a formal “crash.”
- “GPS speed isn’t accurate.” → Use multiple sources (ECM + GPS + video frame analysis) and time‑distance math.
- “Posted limit layer was wrong.” → Demand the map vendor and version; don’t let a bad layer excuse speeding.
- “We produced the PDF.” → PDFs omit fields. Under Rule 56.01, ask for native CSV/JSON and the field dictionary.
Practical Playbook (Missouri Venues: Jackson, Clay, Platte, Cass, St. Louis)
Missouri truck accident lawyers should consider the following practical tips for claim success:
- Offer a protective order with an attorneys’‑eyes‑only tier to reduce resistance to native exports.
- Build a one‑page time‑sync grid (ECM clock vs. GPS vs. camera clock). Use it in every depo.
- If municipal/state defendants are involved, align with applicable notice/sovereign‑immunity procedures, but don’t delay your litigation hold.
FAQ (Missouri‑Specific)
Can I go straight to the vendor?
Courts often want you to try the carrier first, but Rule 57.09 supports nonparty subpoenas—especially for account‑tenant cloud data.
Will the court force native files?
Yes, where native is more useful and not unduly burdensome, propose secure delivery and cost‑sharing if needed.
What if the truck is already back in service?
You can still obtain cloud telematics/video, ELD audit trails, and maintenance/fault histories; ECM snapshot availability may depend on key cycles.
If You’ve Been Hurt in a Truck Crash in Missouri
Our Missouri truck accident lawyers move within hours to freeze video and GPS data, coordinate neutral module downloads, and subpoena vendor cloud exports.
Wallentine Injury Law, LLC — Missouri Truck Accident Lawyers
Call 816‑934‑6333 or contact us online.
This playbook is educational, not legal advice. Confirm current Missouri rules before filing.
