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How to Prove That a Truck Accident Happened Due to a Speeding Driver

When Liability is Not So Clear in West Virginia Truck Accidents

For the past few years, accidents ending in hospitalizations and fatalities have been on the rise. Though many of these accidents involve motor vehicles, many others involve trucks. Many people say that this is due to the fact that there is an increase in amount of people who drive on our roads, but others know that many other reasons stand at the center: distracted driving, drunk driving, and especially speeding.

From research conducted from 2005-2014, it was found that speeding played a role in 112,580 deaths or 31% of all fatalities that happened on our roadways during that time. This shows a reality when it comes to speeding accidents and how quickly lives can be affected by these accidents in the blink of an eye. Just like somebody who chooses to drink and drive, a driver who is speeding increases the likelihood that they will be involved in an accident and the likelihood that it could lead to injuries or fatalities.

If you have been involved in a truck accident and you believe that the driver is speeding, how is this proven? There are certain methods used to prove this that your attorney can help you with during this difficult process.

Speeding in Truck Accidents 

How to Prove That a Truck Accident Happened Due to a Speeding DriverEvery year, thousands of people will be injured in accidents that involve commercial trucks. With trucks weighing close to 80,000 pounds in some cases, if they are involved in an accident with a motor vehicle where the truck driver was speeding, the results could be catastrophic. Luckily, if you need to prove that a truck driver was speeding at the time, there might be hope on your side if you can obtain something known as the ‘black box.’

The black box, also known as the Electronic Control Module, is a system that takes data regarding truck operation. These include aspects like the overall average speed, time driven, amount of time being driven over 65 miles per hour, and other related aspects. This data is especially important for those who have been involved in an accident and want to dictate what led to the accident or might have contributed in some way. After the accident, you might be able to obtain the black box data involved so that you can dictate the speed at which the driver was traveling to help you make your claim against a negligent driver.

Many states have made it a rule that it is possible to obtain the information recorded on the black box from the trucking company. However, without a court order, the trucking company is typically able to destroy the evidence obtained by the black box immediately after the accident. This is why, with the help of your attorney, you should always act quickly to retain your rights so that data is not destroyed before your very eyes.

An attorney with experience in these types of cases might be able to help you seek a court order that will allow you to obtain the information recorded by the black box so that you can move forward during this difficult time. Our attorneys at Katz Kantor Stonestreet & Buckner have many years of experience in truck accident cases and are willing to stand by your side to help you obtain results you deserve during this desperate time. Contact us to find out how we can aid throughout the entire process, from preserving the correct evidence to settlement or trial processes. We are waiting to hear from you at 304-431-4050.

Note: Secondary sources were used to create this piece and, because of this, the information included has not been independently verified. If you notice a factual issue with our posting, please bring it to our attention and we will correct or remove it as soon as possible.

Disclaimer: Our intent in these posts it to bring attention to the dangers members in our community face and to encourage caution. Accidents do happen and we hope these posts help those affected. However, this information should not be misconstrued as legal or medical advice, and we urge you to contact a trained legal professional for more information regarding your specific situation.

Katz, Kantor, Stonestreet & Buckner, PLLC is located in Princeton and Charleston, WV and serves clients in and around such cities as well as southern West Virginia including but not limited to the counties of Mercer, McDowell, Raleigh, Summers, Monroe, Kanawha and Wyoming.

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