Thomas McCutcheon

Most people don’t know about the “black box” in their car. We do because we have been getting the data from big truck wrecks for over 20 years. Now we see this data used in automobile wrecks. People often do not know that their vehicle data is being recorded and can be reviewed after a crash.

The vehicle speed, braking, lateral movement and similar data may be obtained from the event data recorder (EDR) or “black box”.

If a lawyer needs the data, they must send letters to insurance companies, tow yards, vehicle owners, and repair shops, and include a request to preserve any information from vehicle EDRs. Also request that no attempts be made to access the EDR and that the vehicle not be restarted. If the recipient refuses these requests, you must seek a court order to preserve the EDR evidence.

We always hire an expert. Retain your accident reconstruction expert as soon as possible. Ideally, the expert will inspect the crash scene shortly after the crash, especially because of the potential physical evidence, such as tire marks on the roadway or tire-tread fragments. Hiring this expert early is also helpful because he or she can assist you with collecting and analyzing EDR data.

Buckle up, drive safely, and as always, your referrals are appreciated! 256-764-0112

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