Speed is often a crucial factor in determining liability in automobile accident cases, especially during snowy and icy conditions. Every person, whether driving a car, truck, SUV, minivan or motorcycle, has a legal duty and obligation to operate his or her vehicle at a safe speed, taking into consideration the road conditions at the time he or she is driving. Regardless of the posted speed limit on a road, drivers must decrease to a safe speed if road conditions are not safe at the posted limit. In fact, many states issue Advisory Orders, reducing the speed limit on highways, parkways, and turnpikes during snow and ice storms. Accordingly, proving the speed of vehicles at the time of an accident is important.

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 immediately following an accident that you take steps to secure and preserve the information contained in the black box. There are various ways that this information can be protected, including placing the other party immediately upon 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 for a FREE CONSULTATION. Let Hamblett & Kerrigan use their experience in representing injury victims to your advantage.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and serves on the Professional Development Committee and has previously served on the Public Education Advisory Panel of the Academy. He also is a member of the Collaborative Law Alliance of New Hampshire. AV Preeminent Rated by Martindale-Hubbell. Recipient of the 2014 Nationally Ranked Top 10 Attorney Award from the National Academy of Family Law Attorneys (NAFLA). You can reach Attorney Rauseo atkrauseo@nashualaw.com.