Why Is the “Black Box” so Important in Truck Accident Claims? Van Zandt Personal-Injury Lawyer Explains

[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][fusion_text]Every truck accident is a jarring experience. In addition to the initial pain and injuries, victims may face an uphill legal battle to recover fair compensation for health-care bills, time off work and other losses.

 

This is where a personal-injury lawyer may be able to help. A semi-truck accident attorney can handle essential tasks, such as gathering evidence, on your behalf. Contacting a lawyer quickly is particularly important after a truck accident because black box data may be valuable evidence.

The black box, or Electronic Control Module (ECM), is a common feature on commercial vehicles. It records information such as the amount of time driven, average speed, highest speed and seatbelt use. This data may help your personal-injury lawyer prove negligence and liability.

If you were injured in a truck accident in Texas, contact the Cooper Law Firm. N. Eric Cooper is a Van Zandt semi-truck accident attorney with a reputation for winning cases. Call 903-297-0037 today to schedule a free consultation.

Read on to learn more about using the ECM as evidence in a personal-injury case:

Obtaining Black Box Data after a Truck Accident in Texas

In Texas, you cannot download data from an ECM without the consent of the vehicle owner. However, according to the National Conference of State Legislatures, there are certain exceptions to this rule.

Your semi-truck accident attorney can access black box data if he or she obtains a court order. However, the truck owner may destroy the black box data before your lawyer can obtain the protective order. Also, some ECMs record over data after a certain period of time, which is why it is important to consult an attorney immediately after the crash.

Do I Have Grounds for a Lawsuit?

Just because you were injured in a truck crash does not mean you have grounds for a personal-injury lawsuit. Your accident attorney will have to prove:

• The at-fault driver had a duty toward you;
• The at-fault driver breached that duty;
• And the breach of duty caused an injury or loss.

All drivers must behave in a way that does not endanger the lives of others, so proving that the driver had a duty toward you simply requires proving that the person was in fact driving. The police report may be sufficient.

If the at-fault driver behaved in a way that endangered others, such as speeding, texting behind the wheel, or driving while intoxicated, then he or she breached that duty. In a commercial truck accident, this is where the black box data may help. For example, it may show that the trucker was speeding or driving for an amount of time that exceeded the legal limit. This may constitute negligence.

Finally, your attorney will have to show that the trucker’s breach of duty caused your injuries. Your lawyer may reference the police report, doctor’s records, witness testimonies and other evidence to establish this connection.

If you were injured by a negligent trucker in Texas, contact the Cooper Law Firm. A personal-injury lawyer in Van Zandt will help you avoid mistakes during the claims process such as unknowingly admitting fault to insurance adjusters. Schedule a free consultation today by calling 903-297-0037.

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