The massive size and weight of the average commercial truck is enormous, as is the amount of damage it can do to other vehicles and their occupants when they are involved in a serious truck accident. If they were lucky enough to survive the crash, it is likely that the occupants of the passenger vehicle suffered severe injuries. To ensure that the injured victim is compensated for their injuries, and any property damage to their vehicles, an experienced truck accident lawyer must prove that either the truck driver, the trucking company, or the truck manufacturer was negligent. In most cases, they often obtain the information they need from the truck’s black box, also known as an Electric Control Module (ECM).
Most trucks come equipped with a black box as part of their engine components. If the driver is involved in an accident, the black box provides vital information, including the following:
Use of brakes
Safety belt use
Change in velocity
Driver and right front passenger airbag deployment
Number of crash events and time between each
How to Preserve Black Box Evidence
It is important that a truck accident lawyer obtain the data from the black box as soon as possible, as most black box devices only record data for a period of 30 days. When the device has reached maximum recording capacity, it will record over existing data. There is no way to recover that data once it has been recorded over. The victim’s attorney must take the following steps to obtain evidence from the black box device:
Provide a written agreement from both parties or file a protective order to ensure that the data from the black box is preserved.
Determine who has custody of the vehicle and obtain a court order that prohibits access to the vehicle and the black box until it can be inspected by an attorney.
If the other vehicle involved was also a truck, the legal team should obtain the black box from that vehicle as well.
Select a qualified, reputable company to read the data from the black box. If another party is downloading the information, the victim’s lawyer should be permitted to witness the removal of the black box and the downloading of information.
This data is crucial to a case because it often supports the victim’s version of the events leading up to the accident. For example, if the victim claims that the truck driver was speeding, but the truck driver insists he was following the speed limit, the black box will provide concrete evidence of how fast the truck was going at the time of the crash.
New Jersey Truck Accident Lawyers at Eichen Crutchlow Zaslow, LLP Seek Maximum Compensation for Truck Accident VictimsIf you or a loved one has been seriously injured in a truck accident, do not hesitate to contact the New Jersey truck accident lawyers at Eichen Crutchlow Zaslow, LLP. We will take the necessary steps to obtain the black box evidence, as well as any other information that will support your case. Protecting your rights is our top priority and we will not stop fighting for you until we have secured the maximum financial compensation you deserve for your injuries. To schedule a free, confidential consultation, call us today at 732-777-0100 or contact us online. Our offices are in Red Bank, Edison, and Toms River, New Jersey, and we serve clients throughout the state.