Using Black Box Evidence if You’re Injured in a TX Train Accident Case

When you’ve been injured or lost a family member to a train collision, in order to obtain just financial compensation for your losses, you’ll need to prove that the negligence of the train operator or railroad caused the accident. You’ll need an experienced Texas train accident attorney to track down and secure the evidence you need to prove your compensation claim.

EDR Data could be Your Key to a Successful Train Accident Injury or Wrongful Death Case

One of the best ways to reliably and accurately prove what actually happened when a train hit a motor vehicle on the tracks is to present the evidence from the train’s Electronic Data Recorder (EDR) or “black box.” An EDR will record large amounts of important and detailed data like the daily engine usage, speed at the time of collision, operator inputs, safety equipment deployments, braking status at the time of the wreck, and other relevant details about the moments just preceding the crash.

Railroads are Required by Law to Preserve the EDR Data from a Train Crash. But not Everyone obeys the Law

Regulations require that the railroads preserve the EDR data from a train for a certain length of time following a crash that involves injuries or fatalities. The railroad must also provide the data to the Federal Railroad Administration (FRA) after the crash.

But a railroad might be strongly motivated to avoid the financial and other liabilities associated with a tragic accident. The railroad could “lose” the EDR and its data, it might “accidentally” destroy the data or re-record over it, or it might let it “spoil,” making it difficult for you and your Texas train accident attorney to prove your valid claim.

Why You need an Experienced Texas Train Accident Attorney to Prove Your Valid Claim

After a train collision accident involving injury or death to a loved one, you should retain a dedicated Texas train accident attorney immediately. Evidence begins to degrade and become “lost” immediately following a serious accident. So your attorney should send a strong and effective spoliation letter to the railroad right away to demand that the EDR evidence from the train be preserved. Where a railroad refuses to turn over the EDR, a knowledgeable attorney might still obtain the data from the FRA.

The EDR and its data could be your most effective weapons of proof in you accident compensation claim. When the EDR data is clearly interpreted and explained by a qualified expert witness (that your Texas train accident attorney could help you locate), that data could reconstruct the accident so that a jury could understand exactly what happened to cause your accident and injuries. This could paint a very clear picture of the railroad’s liability for your injuries and losses and lead to a generous financial settlement for your needless and undeserved accident injuries and losses.

You should know that EDR data extraction and interpretation are highly complex and technical procedures requiring special knowledge and experience. Special software is used. Detailed graphs, charts, and tables must be prepared to relate the extracted numerical data to real-world events like braking pressure, the circumference of a wheel, or changes in speed prior to a crash.

To make a successful accident injury claim and win the full financial recovery you deserve for your needless loses, you will need a skilled Texas train accident attorney to thoroughly investigate, prepare and present your case.

Contact the Experienced Texas Train Accident Attorneys at Denena Points, PC after You’ve Suffered a Train Collision Injury or the Death of a Loved One

We always provide a FREE initial legal consultation to discuss your case and potential eligibility for financial compensation. You have no obligation to hire an attorney. And we take our cases on a contingency fee basis, which means that there is no financial risk to you and you pay no attorney’s fees unless we win your case for you. Call today at 281-369-4363 for your free consultation. Or just fill out our convenient online contact form. Let us help; it’s what we do.