Transportation Company Policies & Procedures For Retention Of Electronic Control Module Data

On September 11, 2017, the U.S. District Court, Northern District of Alabama issued an opinion in Barry v. Big M Transp., Inc., Case No. 16-CV-00167, that addresses when, and what type of, sanctions are warranted when a transportation company fails to preserve event data recorder information. Transportation companies should use this decision as an opportunity to reflect on the policies and procedures they have in place for data retention and to guide their retention procedures going forward.

Facts

The case arose out of a motor vehicle accident that occurred on Interstate 20 in Alabama. While driving through a construction zone, the car of one plaintiff was first involved in a side-to-side collision resulting in damage to the driver's side of the vehicle. The plaintiff brought his vehicle to a complete stop in the right lane. Two other vehicles that were traveling behind the plaintiff also stopped.