Black Boxes in Truck Accidents
Black boxes are on board
information recorders that are capable of capturing operational
data through a truck's electronic network. A black box has the
ability to record data from an accident that can lead to a wealth
of information as to how the truck accident occurred, such as
the condition of the truck after the impact. It can also provide
information on how the truck was operated, such as engine speed,
brake applications, throttle position, vehicle speed, seat-belt
usage, and airbag performance data. Because the black box's data
storage ability is rather limited, the old data usually rewrites
over the new data in a loop. Some trucks have loops as short as
10 minutes. On these trucks, if an accident does not occur, the
old data is erased and replaced with new data.
Truck accident lawyers
need to make sure after the accident that anyone who has custody
of the truck does not move or try to repair the truck, remove
the truck's black box, or retrieve or attempt to retrieve the
information on the box. Instead, the parties should either agree
(or the injury victim's truck accident lawyer should seek a temporary
restraining order from the court) to a joint inspection of the
vehicle so that the black box data can be recovered with all parties
of interest present. While it is generally accepted that the vehicle
owner owns the data, the truck company cannot knowingly destroy
data it believes is relevant to a civil lawsuit in Maryland. Truck
accident lawyers should also know that some truck
insurance polices contain language that gives the insurance company
the right to retrieve the black box data. If the vehicle has been
destroyed or the black box data has been erased after the wreck,
truck accident lawyers should still request the information because
either the company or the insurance company may have preserved
the data after the accident. If the lawyer does not ask for the
information, the trucking company and their insurance company
has no obligation to provide it.
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