As your car accident lawyer, I will be aggressive in my efforts to ensure that a download of “black box” or crash data recorder (“CDR”) information is performed properly. I will also seek to obtain whatever documents are needed to support your challenge, if necessary, to the car manufacturer’s misuse of the black box data.
Regulating the Black Box Download Process
The following are important aspects concerning how we handle issues concerning the download of black box information:
- Before I let a download take place, I may get a court order to ensure that the process is open, transparent, and honest, with the goal of producing data that is usable by all parties. This order may require that our office receive the documents necessary to interpret the CDR information prior to the download This order may also require that any potential for the download process to alter the data be disclosed at least 2 weeks before the download (to give me time to object).
We often seek a court order requiring:
- that the technician not alter, erase, or add data, and that he or she provide a true and complete copy of the data to me immediately after the download;
- that a complete report detailing the interpretation of each item of data be provided to me within 10 days after the download;
- that the whole process be photographed and videotaped, including images of computer screens;
- that the technician’s qualifications be disclosed before the download; and
- that the technician signs the order to acknowledge his or her receipt of it.
In order to protect black box evidence, we will never want the defendant to take the CDR “to the factory” for download.
Call Our Firm So That We Can Work to Immediately Protect Black Box Evidence
When we learn about your case, we can explain what we will do for you if retained regarding protecting black box and other critical evidence. In many instances such evidence is critical to proving a case; defendants (and their insurance companies) often will not want to see this evidence preserved.
Upon calling our firm, I can meet with you to explain how we will represent you after first learning about your case. Our fees are paid entirely out of any settlement or judgment received on your behalf, so you will not owe us any fees unless we first recover for you.