1. Trucking Litigation – Understanding ECMs, Qualcomm, VORAD, and Spoliation
By: Mark D. Chappell, Esq.
Chappell, Smith and Arden, PA
1-800-531-9780
www.csa-law.com
I. Introduction
We no longer have to take the truck driver’s word for how the wreck happened and how
our client caused his own injury or death. Technology is now available to assist plaintiff’s
trucking lawyers. This information is all available for free if you know where to look.
II. ECM
A. What is the ECM?
The ECM, or the Electronic Control Module, is an onboard computer and monitoring
system that collects detailed factual data during the truck’s operation. These onboard computers
are able to collect and store information and data related to hard braking, quick stops, speed, and
RPMs. All of today’s major manufacturers use a version of ECM technology in their engines,
transmissions, or braking systems. The amount and type of information recorded on ECMs will
depend on the manufacturer, model and year of the truck.
Beginning in the early 1990’s, trucking manufacturers started incorporating ECMs into
their engine components. Also referred to as the “Black Box,” the ECM is designed to capture
information related to the driver’s operation of the truck. While ECMs were originally designed
to protect engine manufacturers against warranty claims, the information and data collected by
ECMs have become increasingly useful in establishing driver error, poor maintenance, and
Federal Motor Code Safety Regulation violations.

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ECM data collection requires that the person downloading the data be informed and
diligent. ECM software and hard drives are designed to retain information for a limited period of
time. Information on ECM hard drives is typically available for 30 days after an event. This data
is then erased, overwritten, or purged. Attempting to download this information should be one of
the first steps in any investigation process. Depending on the manufacturer of the engine and the
technology, knowing professionals that are authorized and capable to download the information
is very important.
B. What Type of Data is Collected by ECMs?
ECMs are capable of collecting data related to the truck’s speed, braking, hours of
operation, and maintenance. ECMs operate by recording data during the truck’s operation. There
are two major categories of events where data is recorded, configuration and incident events. A
configuration event occurs, and configuration data is recorded, when issues with oil pressure,
coolant levels, and engine temperature take place. Configuration events can be set by the
individual consumers or manufacturers. Incident events occur when the driver performs a quick
stop or sudden deceleration. Incident data is commonly recorded when a truck is involved in an
accident.
Early engine ECMs only recorded configuration data because the systems were designed
to protect the engine manufacturers from warranty claims brought by consumers. As of today,
the major manufacturers build engines with ECMs that record configuration data and incident
data, which includes quick stop data, last stop data, and diagnostic records.
In particular, ECMs are capable of recording the truck’s average speed, highest speed, the
amount of time that the truck was traveling over 65 miles per hour, and the engine’s revolutions
per minute. As related to braking, ECMs can measure braking events, such as hard braking,

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quick stops, and the last stops. ECMs are also able to measure the hours of use and operation of
the truck, including idle and running time. However, certain ECMs will only record such
information and data upon the occurrence of an event.
C. What Trucks Utilize ECM Technology?
Major trucking manufacturers began building engines with ECMs in the early 1990s.
Caterpillar, Cummins, Detroit Diesel, Mack, and Mercedes Benz are among the manufacturers
that build engines with internal ECMs. The particular engine manufacturer, the year, and the
model of the engine will determine what information is recorded by the ECM. As a rule of
thumb, the earlier model years will provide less information, and the window of time to preserve
the information on the ECM will be smaller. In determining the specifications of the particular
engine, the easiest way to identify the manufacturer, year, and model of the engine is to look at
the identification tag, which is usually located on top of the valve cover or to the left side of the
engine.
1. Caterpillar
Caterpillar began manufacturing engines with internal ECMs in 1994. Today’s models
record calibration information, trip, fault information, and diagnostic code snapshots. Caterpillar
engines have yet to manufacture ECMs that record last stop data. Depending on the year of the
Caterpillar engine, certain incident data may not be recorded. Early Caterpillar ECMs may
present two issues. First, early Caterpillar ECMs will not record quick stop or diagnostic record
information. Second, early Caterpillar engines did not have internal batteries, so ECM data will
be lost if the engine loses power or the battery is disconnected.
2. Cummins

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Cummins also began manufacturing engines with internal ECMs in 1994. Up until 2008,
Cummins engines only recorded configuration data. Cummins ECMs began to record quick stop
and sudden deceleration data after 2008. Cummins engines also require two separate software
programs, Insite and Powerspec, to download all of the data from the engine. Insite is used by
Cummins’ technicians to program the modules, retrieve trip data, and read fault code
information. Powerspec is necessary to recover configuration, trip and fault code data.
Powerspec is also required to remove sudden deceleration information. Cummins engines will
record 59 seconds before and 15 seconds after the occurrence of an event. Cummins engines also
have a Road Relay recording system that may contain sudden deceleration information even if
the ECM data is unavailable. The Road Relay recording system is typically located within the
cab of the truck and can be downloaded by the Powerspec software.
3. Detroit Diesel
Detroit Diesel began manufacturing engines with ECMs in 1993. Before 1998, Detroit
Diesel engines only recorded configuration data. Detroit Diesel ECMs began recording quick
stop, last stop, and diagnostic records in 1998. Following an event, Detroit Diesel ECMs are
capable of recording vehicle speed, brake, throttle, and cruise control levels. Detroit Diesel
ECMs will record 104 seconds before and 15 seconds after an event.
Like Cummins, two separate software programs are needed to recover all of the data from
Detroit Diesel engines. Detroit Diesel Electronic Controls Reports recovers the daily miles
traveled, operation time, average speed, and fuel economy from the last 3 months. Detroit Diesel
Diagnostic Link retrieves calibration and additional fault data. It is important to note that the
earlier Detroit Diesel ECMs also do not have internal batteries, and data will be lost if power
cannot be maintained to the ECM after an accident.

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4. Mack
Mack began manufacturing engines with ECMs that recorded configuration and quick
stop data in 1998. In 2006, Mack began manufacturing engines that also recorded last stop data.
While configuration and fault code information is downloadable by the public, quick stop and
last stop events are not. To download quick stop and last stop data, you must be authorized by
Mack. Mack engines will record the 75 seconds surrounding the event, which can include data
such as wheel speed, engine speed, clutch use, and cruise control status.
5. Mercedes Benz
Mercedes Benz began manufacturing engines with ECMs in 2000. Mercedes Benz uses
Detroit Diesel software to download ECM data. Mercedes Benz ECMs record the same data as
Detroit Diesel engines, for the same events, and for the same period of time surrounding events.
6. Available ECM Information by Engine Manufacturer
ECM Data
ENGINE
TYPE
DETROIT
Diesel
Mercedes CAT CUMMINS MACK
ECM
Contained in
engine
1999-Present,
some 1997-
1998’s
2001-present 1997-present
(quick stop
default off)
2005-present,
ISX, ISM,
signature
Most 1998-
present
Potential Data in ECM
Wheel speed Yes Yes Yes Yes Yes
Clutch pedal Yes Yes Yes Yes Typical
setting
Service
brake
Yes Yes Yes Yes Typical
setting
Engine RPM Yes Yes Yes Yes Typical
setting
Cruise
control
Yes Yes Yes Yes Typical
setting
Audit trail Yes No Yes Yes Yes
Daily engine Yes Yes No Yes No

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usage
Fault codes Yes Yes Yes Yes Yes
Engine
parameters
Yes Yes Yes Yes Yes
Critical
event
snapshot
No No 2004- present No included in
incident
Cruise
governor
Yes Yes Yes Yes Yes
Accelerator
governor
Yes Yes yes Yes Yes
Engine usage
history
Yes Yes Yes Yes Yes
Maintenance
History
No No Available Yes Available
III. Eaton’s VORAD
A. What is VORAD?
Eaton’s Vehicle Onboard Radar, or VORAD, is an onboard radar system that is designed
to monitor driver error and prevent trucking collisions. Eaton’s VORAD system provides truck
drivers with variable audio and visual warnings when the radar system detects potential
oncoming hazards that may appear around the driver’s truck. The VORAD system is available
for commercial and consumer vehicles. Eaton offers the VORAD system to manufacturers and
trucking companies for installation during truck assembly. Eaton also sells a version of VORAD
system that can be retrofitted and installed on trucks that are already on the road.
Today’s VORAD models offer an onboard computer that monitors and compiles safety
data during truck operation, which can be transmitted or downloaded via satellite. As compared
to the ECM systems, Eaton’s VORAD system enables the user to download safety data
wirelessly. This option greatly decreases the possibility that the electronic operation and
performance data will be lost.

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B. How does VORAD operate?
VORAD operates through a series of radar sensors that can be placed in the front, rear,
sides, and blind spots of the truck. The sensors emit high frequency radar pulses that detect
potential oncoming hazards. These sensors are wired into a central processing unit that analyzes
the speed of the driver’s truck, the distance between the driver’s truck and any oncoming hazard,
and trajectory of any oncoming hazard. When the central processing unit detects a potential
hazard, driver display units warn the driver through a series of lights and audible noises that vary
with the hazard’s speed and distance from the truck. Using this high frequency radar pulse
technology, later VORAD models are also capable of detecting hazards that are around corners,
and maintaining pre-set cruise control speed intervals between the truck and a vehicle ahead.
C. What Type of Data is Collected by VORAD?
Eaton’s VORAD system is able to monitor and compile information related to the truck’s
speed, braking, driving time, and following distance. As with ECMs, VORAD measures the
truck’s average and maximum speeds. The VORAD also measures and stores data from the
truck’s braking events. Notably, the VORAD measures safety data related to how much time the
truck spends inside of one, two, and three car lengths from other vehicles.
Eaton’s VORAD system is capable of satellite remote downloads. As compared to
ECMs, if the VORAD system is equipped with Eaton’s Vehicle Information Management
System with Satellite Connection, or VIMS+, the potential loss of safety data is minimized
because the truck data can be downloaded remotely. However, this data is usually sent to the
trucking company, and the trucking companies will fight your requests for this data.
Eaton’s VORAD system also offers an accident reconstruction feature. This feature is
able to provide an analysis of the speeds, deceleration, and trajectory of all of the vehicles

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involved in an accident. The VORAD system is capable of measuring and collecting all of the
data from any vehicle that is located in the VORAD’s radar beam pattern. This data can also be
downloaded wirelessly via satellite.
IV. Qualcomm
A. What is Qualcomm?
Qualcomm Enterprise Services began developing and manufacturing mobile equipment
and technology to help track and collect data in the trucking and motor carrier industry in the late
1980s. Beginning with the OmniTRACS system, Qualcomm has developed mobile tracking,
logistics, safety, compliance, and communication technologies that are widely used in the
trucking industry today. Their numerous products utilize global positioning and cell phone
technology to transmit information and data from individual truck driver’s rigs to the trucking
companies while they are on the road. In fact, Qualcomm’s global positioning technology boasts
that it can pinpoint a truck’s location within a three block radius anywhere in the world.
B. How Does Qualcomm Operate?
Qualcomm technology operates by sending and receiving information from an onboard
computer through a system of satellites to Qualcomm Enterprises, which is then relayed to the
individual trucking companies. Inside the trucks, the technology operates through an onboard
computer and transmitter. The onboard computer is typically located inside the cab where it is
easily accessible by the truck driver. The transmitter is usually located on top of the roof of the
truck. Once the information is transmitted from the truck, it is relayed through a series of
satellites, which are communicated to network operation centers at Qualcomm Enterprise
Systems. Qualcomm then analyzes the data and relays it to the individual trucking companies.
Using this system, Qualcomm is able to keep track of a truck’s location, speed, and fuel usage.

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C. What Type of Data is Collected by Qualcomm?
Qualcomm Enterprises Services offer a wide array of packages that collect a broad range
of information. Qualcomm offers service packages that transmit information relating to the
individual truck’s hours of service, fuel usage, speed data, hard braking information, in cab
tracing, servicing records, safety compliance, and other critical event information. While
Qualcomm offers numerous packages that collect valuable trucking data, the individual trucking
companies must purchase these services, which means there is no guarantee that such
information is necessarily available.
In particular, Qualcomm’s CSA Safety Performance Service, Critical Event Reporting,
and Hours of Service applications collect and transmit information that is potentially invaluable.
The CSA Safety Performance Service is designed to assist trucking companies with federal
motor carrier compliance. This service collects and analyzes driving and performance data that is
scored, correlated, and compared to industry-wide and federal motor carrier standards.
Qualcomm’s Critical Event Reporting provides near real time examination of driver
performance. The Critical Event Reporting monitors the driver’s hard braking, roll stability, lane
departures, and other driver initiated results. The service can also deliver instantaneous reporting
of accidents. Qualcomm’s Hours of Service application provides electronic drivers’ logs. This
service operates through an electronic on-board recorder that automatically creates electronic
driver logs, which takes log book maintenance away from the typical trucker.
V. How This Information Is Useful
ECM, VORAD, and Qualcomm information is invaluable, and should be preserved as
soon as possible. While the majority of these technologies were pioneered and designed to

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protect the engine manufacturers and the trucking companies, plaintiff’s attorneys have used this
information to gain a competitive advantage during negotiations, mediations, and in trial.
ECM, VORAD, and Qualcomm data and information are useful in establishing the
negligence of drivers and trucking companies. Combined with any physical evidence that is left
on the road during the accident, the speed and braking data that is captured before, during, and
after any event will be integral in establishing the driver’s negligence and causation. All of this
information can also assist your expert in accident reconstruction. Data related to the hours of
operation, log book, and truck maintenance violations can be useful in establishing the trucking
company’s negligence in failing to follow their own internal policies and federal motor carrier
regulations. Hours of service technology and electronic driver’s logs can be used to establish
driver fatigue.
Retaining accident reconstruction and forensic experts as soon as possible is advisable.
Having your accident reconstructionist and forensic expert present at the accident scene for
purposes of documenting any physical evidence and monitoring the movement of the truck
would be ideal. In many cases, the ECM, VORAD, and Qualcomm data is damaging to the
trucking company, so it would be desirable to them for this information to be lost or erased. The
best way to combat this tactic is to have your expert present when the truck is moved, inspected,
or when any information is downloaded from the truck’s onboard computer system.
VI. Spoliation
Once you become involved in a trucking litigation case, the first step that you must take
is to protect the electronic data and information that these onboard computers collect. ECM,
VORAD, and Qualcomm data is typically damaging to trucking companies, and they will be

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quick to erase or purge this information. You must act quickly to attempt to preserve this
information.
The first step that you should take is to send the trucking company an effective spoliation
or preservation letter. Your spoliation or preservation letter needs to be sent to the trucking
company on the first day that you become involved in the case. This letter puts the trucking
company on notice that any evidence related to your accident is to be preserved, and if the
company fails to do so, you will seek sanctions. Your letter needs to cast a wide net and cover
any potential information that may exist. Many experienced trucking attorneys have generic
spoliation letters that they tailor to each individual wreck, some of which are available on the
internet for reference.
The next step that you should take is to find an expert in the field and conduct an
inspection of the truck and accident scene. Your expert should be able to inspect the truck, tell
you what type of equipment and software is required, and what information and data should be
available. If you have filed your case by this point in time, you should start working with your
experts in requesting documentation and information through discovery.
Retaining an experienced accident reconstructionist at this time would also be beneficial.
The common trucking accident produces a multitude of physical evidence. Having an
experienced professional to assist you in piecing together the physical evidence and the data
from these onboard computers is worthwhile.
Trucking companies will attempt to erase this electronic data by claiming that they are
only required to retain this information for six months under the Federal Motor Carrier Safety
Act. To preserve your right to monetary sanctions and adverse inference instructions, you must
beat the trucking company to the punch and put them on notice. Numerous cases illustrate that

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trucking companies will attempt to destroy and withhold evidence even after they receive
spoliation letters. It is our job as attorneys to find out who was responsible and seek the
appropriate remedies.
By familiarizing yourself with the current trucking technology, retaining experienced
professionals, and moving quickly, your client’s rights will be protected and the negligent parties
will be held accountable.
Mark Chappell practices with the multi-state law firm of Chappell, Smith and Arden,
whose attorneys practice across the southeast in the areas of trucking litigation, products liability,
complex litigation and workers’ compensation. He is a past president of the South Carolina
Association of Justice and an AAJ Governor. Mark is a member of the AAJ Trucking Litigation
Group, Association of Plaintiff’s Interstate Trucking Lawyers Association, and ABOTA. He has
tried to verdict over 100 cases and has received numerous multi-million dollar verdicts and
settlements. He is recognized by his peers as a Super Lawyer, Top 100 Trial Lawyer and is AV
rated in litigation and workers’ compensation.