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Securing Vital Black Box Evidence

Obtaining black box data can prove essential in establishing your truck accident case.  In recent years, black box recorders have become standard in the industry as safety regulators continue to push for the use of these devices in an effort to improve safety in the national commercial trucking industry.  Black box devices are also known as electronic log systems or electronic data records.  They are now installed in trucks nationwide.

It is critical that your truck accident attorney in Miami obtain and download the truck’s black box data as soon as possible after the accidents.  The black box and the data contained within it can either make or break your case.

Black Box Recorders and Truck GPS

            Black box recorders usually come equipped with global positioning systems that provide the main source of information as to a truck’s journey.  This will establish the precise location of the truck at the time of the accident.

Black boxes offer important additional information about the truck, including truck driver performance, such as braking, speed, following distance, and number of hours driven, as well as vehicle maintenance like tire pressure. Some black boxes will also contain communications between the truck driver and trucking company.  Instances of hard braking, use of the clutch, and vehicle RPMS may also be found within the black box. All of this information can lead to monumental discoveries as to driver fatigue, exceeding hours, mechanical problems, and more.

Obtaining Black Box Data

            When any truck accident occurs involving serious injury or death, the truck accident attorney must send a preservation of evidence letter.  This is also referred to as a spoliation letter, which must be sent through certified mail to the trucking company, notifying the company that the black box data must be preserved and cannot be tampered with because it is required for later litigation.

The truck accident attorney will also need to employ a truck expert who will assist and watch as the black box data is downloaded.  If this is not possible, your attorney should, at the least, draft an agreement as to how, where, and by whom the evidence will be downloaded.  These steps are important to prevent any loss of information.

Newer trucks may have additional devices installed that are designed to monitor specific issues, such as driver fatigue, blind spot detection, rollover risks, and proximity to other vehicles.  To determine what information to subpoena, your attorney should request the truck’s build sheet which identifies all equipment installed in the truck at the time it was delivered from the manufacturer.  If your attorney is having difficulty obtaining the black box data, the next step will be filing suit immediately so that the court can assist in preserving this important evidence.

Greenberg Stone and Urbano:  Aggressive Representation for the Victims of Truck Accidents Across the State  

            Truck accidents are among the most serious accidents to occur in Florida.  These accidents can result in serious injuries and even death.  If you or a loved one is hurt or killed in a truck accident, the Miami Truck Accident Attorneys at Greenberg Stone and Urbano can help.  We offer the dedicated representation you need to obtain the compensation you deserve.  For over 130 collective years, our experienced attorneys have assisted truck accident victims across South Florida. We seek to obtain compensation for all of your damages, including medical bills, lost wages, pain and suffering, and more.  Our dedication to legal excellence has earned us an AV rating from Martindale Hubbell and recognition as one of South Florida’s top firms by the Miami Herald.  Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule your initial consultation.

 

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