If you are in the unfortunate situation where you have had an accident while driving a truck, the black box holds a wealth of information that can help you with winning your law suit. The black box contains important information in regards to how the accident happened. It can also give valuable insight into whether there was seat belt usage, or whether the driver used the brakes before the accident. Vehicle speed, airbag quality, and throttle position are also monitored with the use of the black box.
* Do Not Remove The Black Box *
Some truck black boxes have a short data span, consisting of 10 minutes of recorded information. If an accident does occur, the old information on the black box is usually replaced by the new accident data. It is important that truck accident lawyers make sure that the truck is not removed or repaired after the impact. The lawyer should also be sure that the black box is not removed or tampered with at the scene.
* All Parties Should Be Present During The Removal *
The truck accident lawyer should apply for a temporary restraining order to prevent removal of the black box and to ensure that all interested parties are present during the removal of the device. The vehicle owner is assumed to own the black box, but the trucking company can’t preve nt information being retrieved by way of destroying the black box. They are legally prevented from the destruction of information as this can be seen as erasing evidence from a civil lawsuit.
* Lawyer Should Ask For Information *
Certain truck insurance company policies also state that the insurance company has the right to retrieve the black box. In a situation where the vehicle may have been totally wrecked, and the black box information might have been erased, the lawyer should still request the black box information as there is still the possibility that the trucking company or insurance company has the data from the black box. The importance of an attorney request for this information is imperative, as the insurance company, or trucking company is under no obligation to provide the information without a court order or a written request by a lawyer who has filed a lawsuit.
* The Black Box Used In Court *
The accident scene provides valuable information on how the accident took place. There will be evidence at the scene of the impact, before and after the actual accident took place. However, the black box is an essential part when used as evidence in a court of law. In a truck accident case, the black box can mean the difference from winning, or losing a civil lawsuit.. Laws in gathering information from the black box may vary from state to state, so be sure to check the laws in the state where the truck accident took place.