Preserve black-box data.If the vehicle in your auto case has a "black box" data recorder A data recorder is a piece of equipment which records data, and may also be called a data logger. Examples of data recorders are:
An ex parte judicial proceeding is conducted for the benefit of only one party. motion for a temporary restraining order temporary restraining order: see injunction. . Then ask opposing counsel for a joint inspection of the vehicle, so the black-box data can be downloaded with both parties present. Direct opposing counsel and all parties that may have custody of the vehicle (such as the towing company, insurance company, and auto repair shop) not to move or repair the vehicle, remove its black box, or retrieve or attempt to retrieve the black-box data. Be sure to clarify ownership of the data. The National Highway Traffic Safety Administration The National Highway Traffic Safety Administration (NHTSA, often pronounced "nit-suh") is an agency of the Executive Branch of the U.S. Government, part of the Department of Transportation. has said the vehicle owner owns the data, and that position is generally accepted. Be aware that some automobile insurance contracts contain a provision that gives the insurance company the fight to retrieve the black-box data. If the vehicle has been destroyed, ask the insurer for any data it downloaded. Police departments have been retrieving black-box data from heavy trucks as part of their investigations for some time, and they may do the same for passenger vehicles in the future. Edward M. Ricci Palm Beach Gardens, Florida Palm Beach Gardens is a city in Palm Beach County in the U.S. state of Florida. The city is in the center of a rapidly-developing area north of West Palm Beach in the northern part of the county and the South Florida metropolitan area. |
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