When a truck accident occurs in Atlanta, one of the first things that needs to be preserved is any data from the vehicle’s black box and dashcams. These pieces of evidence can provide crucial insights into the cause of the wreck and may prove invaluable in securing a favorable outcome for victims. In this article, we’ll discuss how to preserve black box and dashcam data in the first 7 days following a truck wreck.
Why Black Box and Dashcam Data Are Crucial 
After a serious accident, black box data (also known as the event data recorder, or EDR) and dashcam footage can be game-changers in establishing liability. The black box records critical vehicle data such as speed, braking, and acceleration, while dashcams can capture real-time footage of the accident scene, including any traffic violations, unsafe driving, or road conditions.
For those involved in truck wrecks in Georgia, this data can be vital in proving negligence. Georgia’s laws, including the comparative negligence rule, mean that establishing clear evidence of fault can make a significant difference in the outcome of a case. Whether it’s proving the truck driver was speeding or showing that another driver caused the collision, this data helps paint an accurate picture of the incident.
Act Quickly: The First 7 Days Matter
The first 7 days after a truck accident are crucial for gathering and preserving evidence, including black box and dashcam data. Here’s why:
Black Box Data Can Be Overwritten
The truck’s black box records data continuously, but depending on the vehicle’s manufacturer and the model, the information may be overwritten if not preserved quickly. Many trucking companies have procedures to download this data within a few days, but the clock starts ticking immediately after the accident.
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Dashcam Footage May Be Erased
Many trucks and commercial vehicles are equipped with dashcams. However, like black boxes, some dashcam systems automatically overwrite old footage, so it’s essential to act fast. If the footage is not preserved, it may be lost forever.
Steps to Preserve the Evidence
Notify Your Lawyer and Insurance Company Immediately
As soon as possible after the accident, contact your attorney and the relevant insurance company. Your lawyer can help guide you on how to request the preservation of both black box and dashcam data. In some cases, your attorney can send a legal request or preservation letter to ensure that the data is not erased.
Work with an Expert
A vehicle data expert or forensic specialist can assist in retrieving and preserving the black box data. They have the tools and knowledge to download the necessary information without corrupting the files. Often, the trucking company’s insurer or the manufacturer can assist in retrieving data, but an independent expert can ensure that the data is handled properly.
Request Dashcam Footage
For trucks with dashcams, it’s important to get a copy of the footage. In some cases, the trucking company may store the footage on a server or cloud system, while others may use local storage devices. This footage can be requested from the trucking company or, if necessary, subpoenaed. If you’re involved in the wreck, it’s important to take action before the footage is deleted.
Legal Protections for Evidence Preservation
Under Georgia law, the preservation of evidence is a fundamental component of any personal injury case, including truck accident cases. If the black box or dashcam data is destroyed or erased after a legal preservation request, it may be seen as spoliation of evidence, which could work in your favor if it negatively impacts the opposing party’s defense.
When working with an attorney, it’s important to ensure that they request the preservation of data from all possible sources — not just the truck involved in the accident but also any other nearby vehicles that might have been equipped with dashcams.
Verdicts & Settlements
When Data Is Lost, What Are Your Options?
If the data is lost or not preserved within the first 7 days, it can significantly hurt your case. In such cases, your lawyer can help you explore other methods of evidence collection. This might include witness testimony, traffic cameras, or even cellular data from the driver’s phone or other sources of electronic data that might offer insights into the wreck’s cause.
Contacting The Keenan Law Firm for Help
At The Keenan Law Firm, we understand the challenges that victims of truck wrecks face, and we are dedicated to fighting for the justice and compensation you deserve. If you or a loved one has been involved in a truck accident, contact our experienced attorneys to ensure that all vital evidence, including black box and dashcam data, is preserved and used effectively in your case. We can guide you through this crucial early stage and help you build a solid foundation for your claim.
Preserving black box and dashcam data in the first 7 days following a truck accident in Atlanta can be a critical factor in the success of your case. Time is of the essence, and by acting quickly, you can ensure that the data remains intact and available for use in your claim. If you need help navigating this process, contact The Keenan Law Firm for professional legal assistance.