
Legal Q&A
Q
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Recently I had a traffic accident, and the determination of the fault ratio is ambiguous. The problem is that I cannot confirm whether the black box footage was lost. In such a case, can I recover the footage through black box digital forensics and use it to calculate the traffic accident fault ratio?
traffic accident fault ratio
Answer
Published:
Author : ChanWoo JEONG
When determining the traffic accident fault ratio, black box footage is used as key evidentiary material.
The footage contains the signal status, the moment of collision, the speed, the driving route, and the positions of surrounding vehicles, so it can objectively prove the circumstances of the accident.
However, if the footage has been damaged or deleted, a substantial part can be recovered and analyzed through a digital forensics procedure .
Black box forensics is a technology that precisely analyzes the data inside a memory card or storage device and restores deleted footage, damaged files, and metadata such as the recording time and location and the file modification history.
Through this, the traffic accident fault ratio can be determined, and whether the footage was actually manipulated, as well as the condition of the vehicle at the time of recording, can be objectively confirmed .
Footage recovered through a specialized institution is provided in the form of an official forensic report that can be submitted to a court or an insurance company .
At this point, through the report, the integrity and originality of the data must be proven for it to be recognized as having effect as legal evidence .
Therefore, if a dispute has arisen regarding the determination of the traffic accident fault ratio, we recommend that you promptly secure the black box storage device and proceed with the recovery and analysis procedures with the help of a specialized digital forensics institution or a legal expert .

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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

SangSu JO
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Experience as Deputy Chief Prosecutor at the Suncheon Branch of the Gwangju District Prosecutors' Office · Attorney Specializing in Sex Crimes/Drunk-driving Traffic/School Violence

Sung Dong PARK
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Former Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney specializing in criminal/sex crimes/evidence investigation
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