Black boxes are used in commercial trucks to monitor their activity as a way to improve safety in the trucking industry. Obtaining black box data following a serious truck crash is not always easy, especially if a trucking company or driver is attempting to avoid liability. The Miami truck accident attorneys at the Law Offices of Robert Dixon help make sure that victims injured in these crashes have access to the relevant evidence necessary to seek proper compensation for the harm done to them. Our firm represents people in Miami-Dade, Broward, and Palm Beach Counties, including in Miami, and West Palm Beach. If you or a loved one has been injured in a collision with a truck and need help pursuing a claim, contact our office today to schedule a free consultation to see how we may assist you.
Black Box DataBlack boxes contain a lot of data regarding a truck’s journey, and they may be vital in determining which events led up to an accident. Often, these devices are equipped with global positioning systems (GPS) that can track where the truck was right before a collision, as well as the time that it took to get there. This may be important in determining whether a truck driver was speeding or if they veered off course during a trip. Black boxes include other driver performance data as well, such as if the brakes were suddenly applied and if the driver was following too closely.
Additionally, black boxes are used to track a truck’s maintenance, detecting whether tire pressure is low or brake fluid needs replacing. If it is shown that a driver disregarded black box warnings regarding these issues, or if the device was broken, an injured victim might make an argument based on improper maintenance if litigation becomes necessary. These devices also include information regarding communications between a truck driver and their trucking company, which may be important in establishing whether a driver was fatigued, as well as providing statements that they made before and immediately after a crash.
Using Black Box Data to Establish Negligence Following a CrashCollecting and reviewing the data from a black box immediately following a trucking accident is essential to ensuring that vital evidence is preserved. In order to show negligence, a plaintiff injured in a truck accident will need to prove that another party, usually another driver, breached their duty of reasonable care, causing injuries and resulting in damages. Black box information may indicate whether a driver was speeding, fatigued, or otherwise engaging in negligent behavior leading up to a collision. If liability is shown, a plaintiff may receive damages for past and future medical expenses, loss of earnings, lost income capacity, and pain and suffering.
Black box data may be lost if it is not obtained as soon as an accident occurs, especially if the truck is driven again. This evidence is particularly susceptible to spoliation, which is present if a party with an interest in the outcome of litigation alters, destroys, or intentionally loses evidence in order to avoid legal action. Courts take spoliation very seriously, and if it is found, they may issue sanctions in the form of dismissal, summary judgment, or additional damages awards.
Seek Legal Guidance from a Miami AttorneyIf you have been injured or lost a loved one in a collision with a commercial truck and are having issues recovering black box data, the Miami lawyers at the Law Offices of Robert Dixon are available to assist you in dealing with uncooperative parties. Our firm offers experienced and compassionate legal guidance to truck accident victims and their families in all types of claims. Call 877.499.4878 or contact us online for a free, no-obligation consultation to discuss your case with a motor vehicle collision.