Big Rig Owner

August 2016

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Trucking defense attorney Rob Moseley stresses the value of mak- ing it a business routine to down- load and analyze data from your truck's electronic control module. Failure to manage the data could lead to situations, he says, that put the trucker at a distinct disadvan- tage when sued for liability after a crash. He's seen ECMs logging speeds over 100 mph. "If I see 400,000 miles of history on your ECM download, that's not good," he says. Only around a third of owner-operators responding to the following 2015 poll noted they ever downloaded anything from their ECM themselves: "Let's have a process of download- ing this regularly and not waiting until there's a wreck," Moseley says. With such a history at the disposal of plaintiff's attorneys, there can be a lot to cherry-pick. Truck ECMs will show things such as maximum speeds, fuel effi ciency and "hard-stop data, last-stop data." With regard to the last item, the concern is the opposite – having that critical evidence deleted "when we recrank the engine," Moseley says. "Be careful on the scene of an ac- cident. It's worth paying a tow bill to avoid erasing that data." Consult your engine's owner's manual or online or dealer resources to learn your engine's data storage parameters and capabilities. After an accident, keep such data "through the statute of limita- tions or when the case is fi nally fi nished," Moseley says. Otherwise, unless you're in a lease contract with a carrier that gives that carrier access to your ECM data, what you do with it and how long you keep it around is at your discretion. He recommends keeping it only as 16 www.bigrigowner.com A U G U S T 2 0 1 6 Looking At You > By Todd Dills Stay on top of your driving data looking at you 0816.indd 1 7/8/16 9:21 AM

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