Before cars are offered to the average consumer, they are test-driven strenuously by car companies. Initially, this is often done in a secure facility, but then they take their car out on the road to see how it performs. Vehicles are becoming more technologically advanced, which often means trade secret laws protect them. However, what happens when a prototype car is being tested on the open road, and it gets into an accident? A car accident lawyer is here to share what happens if this kind of accident occurs.
Trade Secrets
First, let’s define what a trade secret is: a trade secret is information that is kept private because it derives economic value from not being publicly available. In other words, if a car incorporates new technology, that technology adds economic value, which, if made public, would allow competitors to use it and charge for it. There are several laws protecting this type of information, but some of this data may be revealed in a car accident case.
In the event of an accident, law enforcement or first responders may need to access interior parts of the vehicle to assist the injured person, which may reveal proprietary information. Bystanders may snap a photo or take a video of the scene, unintentionally revealing trade secrets. Third-party service providers such as tow companies may come into contact with this information when removing the vehicle from the scene. Finally, in direct litigation over the accident, the opposing party may send a written request for sensitive information needed to prove fault in the accident.
Protecting Your Invention
With so many ways trade secrets may be exposed, how do you protect your property? As our friends at Cohen and Cohen can share, it is essential to work with a lawyer from the start of your invention in case an injury accident does occur. A knowledgeable legal professional can ensure that you are protected in the event of an accident. They will be able to employ contracts that protect your venture, such as NDAs, employment contracts centered on trade secrets, and more.
Should your invention be involved in an accident, an attorney can file specific motions to protect sensitive information. They can assert trade secret privilege in discovery so that the other party cannot ask specific questions to protect your information. An attorney can also work to redact sensitive information so that the court can use the documentation without revealing too much sensitive information.
What To Do If An Accident Occurs
First, ensure compliance with all accident reporting standards. It is possible to protect your information while completing all the necessary paperwork if someone is injured. Work with your attorney to coordinate with insurance companies and transmit the information needed without disclosing trade secrets. Finally, when working with other parties, disclose that trade secrets are involved and will be protected, so they are aware that there will be constraints if your data meets the requirements to be treated as trade secrets.
If you have created something that uses trade secrets and an injury accident occurs with your invention, contact an attorney near you for help immediately to protect your data.
