Tuesday, February 12, 2013

How Texas Truck Accident Attorneys Can Help Make Sure the Black Box Evidence is Preserved Following a Trucking Accident

The Importance of Preserving the Black Box Following a Semi-Truck Accident

Over 500,000 semi-truck accidents occur each year in the United States resulting in over 5,000 fatalities and thousands of injuries. A loaded semi-truck can weigh in at 80,000 pounds and when that much weight comes in contact with a passenger vehicle which weighs around 5,000 pounds, it is clear who the victims will likely be. There are numerous factors involved in a trucking accident including driver error, reckless driving, distracted driving, equipment malfunction, inexperienced drivers and improperly secured loads. Attorneys who represent the victims can face many challenges when proving negligence on the part of the truck driver, trucking company, maintenance department or the manufacturer of the truck.

One of the most powerful allies in truck accident cases is the Electronic Control Module or, as most people know it, the “black box” which is integrated into most trucks manufactured since the mid-1990s. The commercial truck’s ECM is much like those found on jet airplanes and is designed to capture and record data regarding the truck’s operation. The ECM generally records for 30 days at a time then starts over. The box records average speeds, highest speeds, amount of time driven and the portion of that time which was spent driving over sixty-five miles per hour. The ECM also records the RPMs of the truck, whether seat belts were properly worn, whether the airbag deployed as intended and idling time.

In short, the ECM data can be invaluable in proving driver error, driver fatigue or driver negligence however Texas attorneys must work quickly to subpoena the data on the black box before the trucking company erases or disposes of the data. Your attorney may be required to file a protective order to ensure preservation of the ECM data, or even obtain a court order to ensure the vehicle is not tampered with prior to inspection by the attorney or the experts designated in the case.

How a Trucking Traffic Accident Can Change Your Life

Those survivors of trucking accidents may find their lives forever changed. The injuries sustained when a passenger car and large commercial truck collide can be catastrophic and often include traumatic brain injury and spinal cord injuries. The victims of trucking accidents may be unable to return to work—for a while or forever—and may suffer psychological trauma in addition to the physical injuries. Medical bills could be piling up at an alarming rate, and even those who have insurance may find their co-pays are huge. Permanent disabilities can occur which require ongoing therapy and medical treatments. In short, the financial end of a trucking accident can be yet one more devastating issue the victim must deal with.

Truck Accident Attorneys Looking Out for Trucking Collision Victims

When you consider the graveness of the situation and how valuable the information hidden away in the black box is, you can see how important a highly experienced personal injury attorney will be. Texas trucking accident cases are full of complexities not seen in normal auto accidents due to the number of potential defendants as well as the ECM data. Make sure your rights—and your future—are fully protected.

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