Due to the increase in the number of truck accidents, the commercial trucking industry started to implement the use of black boxes to strengthen the safety aspect. Black Boxes are prominently discussed in the context of airplane accidents, and most recently the retrieval in the latest AirAsia air plane disaster and before that the hunt for the black box in the Malaysia air disaster mystery. The thought is that retrieval of the box will be instrumental in determining what occurred. But did you know certain trucks have a black box?
This monitoring system is used in the commercial vehicles right throughout the nation. It is also known as electronic log system. It is the key source of information about the journey of vehicles and other useful details that can significantly help in resolving accident cases. The thought process behind the recording of useful information, is that if the company and driver and cognizant that there is a black box, they will drive more safely and encourage safer driving since the data about any accident will be electronically recorded. Conversely, if the company encourages safe driving, the data will vindicate the driver and the company in the event of a catastrophic accident or trucking fatality where the driver is not at fault.
Lawyers that focus in handling truck accident cases petition the court to download the data from the black box as quickly as possible. This information can play a significant role in the outcomes of a trucking accident case.
To prevent any kind of tampering with the information, the truck accident attorney or their designee should be present while the data is downloading.
Many trucking companies may refuse to preserve the data due to a number of reasons. However, that too can be used against them. In such situations, lawyers can request for an Court order to ensure that the box and the data are preserved until inspection.
Lawyers may use this evidence in different ways. While some use it during the driver statement, others use it to impeach the testimony.
Importance of black boxes
This monitoring system is used in the commercial vehicles right throughout the nation. It is also known as electronic log system. It is the key source of information about the journey of vehicles and other useful details that can significantly help in resolving accident cases. The thought process behind the recording of useful information, is that if the company and driver and cognizant that there is a black box, they will drive more safely and encourage safer driving since the data about any accident will be electronically recorded. Conversely, if the company encourages safe driving, the data will vindicate the driver and the company in the event of a catastrophic accident or trucking fatality where the driver is not at fault.
Lawyers that focus in handling truck accident cases petition the court to download the data from the black box as quickly as possible. This information can play a significant role in the outcomes of a trucking accident case.
To prevent any kind of tampering with the information, the truck accident attorney or their designee should be present while the data is downloading.
Many trucking companies may refuse to preserve the data due to a number of reasons. However, that too can be used against them. In such situations, lawyers can request for an Court order to ensure that the box and the data are preserved until inspection.
Lawyers may use this evidence in different ways. While some use it during the driver statement, others use it to impeach the testimony.
Importance of black boxes
- Black boxes are used to track issues associated with vehicle repairs. It can also be used to track driver’s performance, which includes issues such as speed control and use of sudden breaks.
- It also contains e-mail exchanges between drivers and trucking company that could lead your truck accident attorney to discover possible issues such as tired driver, mechanical issues, etc.
- Data that can be achieved from these boxes will differ on its model. Most of the times, these electronic systems includes valuable information such as rigid braking, clutch engagement, etc.
In the nutshell, it is the responsibility of the lawyers to determine how they will use this evidence after considering the facts and circumstances of the accident.
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