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Electronic Evidence as Proof in Miami Car Accident Cases

Traditional evidence may only go so far in a Miami car accident case, since there can be credibility issues, subjectivity or bias, difficulties with collecting items at the scene, and many other challenges. Plus, in a fatal auto crash, the victim is not around to provide details on what circumstances led up to and caused the incident. If you are an injured victim or surviving family member of someone killed in a collision, you might feel helpless about the evidence you have to support your claim for compensation.

Fortunately, there are other options that can fill the gaps – or even provide more solid evidence regarding the crash. Most recent auto models are equipped with electronic data recorders (EDR) that may give you an advantage with proof, and your Miami car accidents attorney can explain in more detail. Some basics may also be informative.

Overview of EDR Functions

The National Highway Traffic Safety Administration defines this technology as a device that can record a vehicle’s technical and occupant information during the moments before, during, and after a collision. However, the best way to understand EDRs is by comparing it to the flight data recorders – a.k.a. “black boxes” – that have been installed on commercial aircraft for decades.

These devices have come a long way since first appearing on limited vehicles in the 1970s. Today, the EDR is mandatory on all passenger vehicles manufactured in the US, so only a few older model cars do not have these capabilities. The technology can measure and capture such information as:

  • Vehicle speed;
  • The rate of acceleration and deceleration;
  • Steering angle;
  • Brake application; and,
  • Many other metrics.

Use of EDR in Insurance Claims and Court Cases

The data recorded by an EDR can be critical in an auto collision case because it can provide a more accurate, credible picture of fault. The recollections of other witnesses can be problematic as proof because drivers and their occupants will be biased in favor of their own interests. Even the statements of neutral parties, such as pedestrians and other bystanders, can suffer from memory-related issues.

Unless there are technological defects, EDR information is never flawed and will always be unbiased. Instead of going by the other driver’s word denying that he or she was speeding, the vehicle’s black box will show the exact miles per hour. Plus, the EDR data can also be used to prove that you were NOT at fault. Under Florida’s contributory fault law, your compensation would otherwise be reduced if you were responsible for causing the crash.    

Our Miami Car Accident Lawyers Maximize Use of All Evidence

Electronic information gathered from EDRs and related sources can be vital to an auto crash claim, especially when combined with other solid evidence and a sound legal strategy. To learn how our team at Gerson & Schwartz, PA can assist with recovering compensation, please contact our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. We can set up a free consultation to review your situation and advise you on your options.

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