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Electronic recording devices and their use in personal injury litigation

In our last post, we spoke a bit about the possibility of using fitness and health tracking devices in personal injury litigation. The details of how this technology might be used were not addressed in any depth, but general possibilities have been suggested.

Another technology that can impact personal injury litigation is so-called black box technology. Though the technology has not been around all that long, black boxes, or event data recorders, are standard issue in most new vehicles nowadays. EDRs record things like speed, whether a motorist is wearing a seat belt, and details regarding the operation of a vehicle’s brakes and throttle. This data, of course, can be particularly useful in personal injury litigation. 

Leveraging electronic recording devices in personal injury litigation is a fact-specific possibility, but a real possibility in many cases. EDRs can provide valuable information about what a vehicle’s braking, transmission, and other systems were doing at the time of an accident. This can help determine whether brakes were applied in time, whether seat belts were buckled, whether the driver was speeding, and other such matters.

Using EDR information in personal injury litigation can help enhance a crash victim’s case for liability, but obtaining access to EDR information and effectively utilizing it within the context of personal injury litigation is more likely to occur if a motorist works with an experienced personal injury attorney. Working with an experienced attorney ensures that any avenue or resource available to build up a personal injury case, both with respect to liability and damages, is pursued.

Sources:

Popular Mechanics, “Now That Cars Have Black Boxes, Am I Being Tracked?,” Accessed Feb. 9, 2016. 

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