Being injured in an automobile accident is a traumatic and often life-changing event. While it is understandable that an injury victim should first be concerned about her health, addressing the legal issues involved in an automobile accident are important, especially in situations where the issue of speed is question. Speed is often a crucial factor in determining liability in car accident cases, whether you are attempting to impose liability on a person who hit you or defending a claim of negligence by someone whom you hit. Traditionally, the issue of speed was often proven by testimony of persons involved in the accident and sometimes by eye witness testimony or accident reconstruction experts. However, with the advancement of technology, many automobiles are equipped with a “black box” or other device which records crucial data such as speed immediately prior to an accident. Securing this information may often times be the critical difference in pursuing or defending an automobile liability case.
Accordingly, it is important that you take steps to secure and preserve the information contained in the black box as close to the accident as possible. There are various ways that this information can be protected, including promptly placing the other party and/or her insurance on notice to preserve the information contained in the black box or other device. If the opposing party does not preserve the information after receiving notice, then his or her failure to do so may result in civil liability or other sanctions.
If you have any questions regarding a car, automobile, motorcycle, pedestrian or truck accident, whether in Massachusetts or New Hampshire, please contact an attorney at Hamblett & Kerrigan to discuss. Let Hamblett & Kerrigan use their experience in representing injury victims to your advantage.
Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.