As a personal injury lawyer, we help a lot of clients that were in a car wreck. If you were hit and suffered injuries or property damage, you have the right to receive compensation to pay for your medical bills, property damage, lost wages, etc. Typically, the insurance company for the person that hit you will be the one responsible to pay your claim. In typical fashion, however, the insurance company will try to pay as little as possible and at times, nothing at all. Our job is to prove liability and that it was the other party's fault that you were in an accident in the first place. Next we must prove the extent of your injuries and how it translates into what you deserve for financial compensation. These things work together to make your case.
We always recommend that you hire an attorney to ensure that your rights are protected and that you are not taken advantage of. If your car was built after September 2014, that becomes even more important. New cars are required to be built with an Electronic Data Recorder (EDR) built in. Most drivers are completely unaware that their car has a built in black box that is monitoring them as they drive. Beyond invasive, this device can capture the data on what happens moment by moment leading up to and after a crash. With sensors throughout the car, including under the seats, the EDR can provide a report of what speed you were driving, how the brakes were applied, and who was in the car. This is an unprecedented level of information that can be spit out into a single report.
As a personal injury lawyer, we understand that data is simply that – data. Someone still has to interpret it and makes sense of the information in the context of the accident itself. If the insurance company accesses the EDR report from your vehicle, you cannot anticipate that they will interpret it correctly or in your favor. Having a lawyer work with you is actually more important when an EDR exists because we can create the context that is necessary to make sense of what really happened. Otherwise, you may have an insurance company trying to use raw data to indicate your express or partial liability, in which case your potential settlement could be reduced.
Fortunately, you don’t have to deal with the insurance company on your own and shouldn’t. We can work with you to create the full context for what happened, and if the EDR data wouldn’t be in your favor, we can discuss your options surrounding it. There is an argument to be made that this is your private data but since there hasn’t been significant legislation passed on the issue, that is open for the judge to rule on. Most of the time, the report will simply confirm your version of the story so as long as we complete the picture, the case can still be favorable towards you. To find out more, call and schedule your consultation with a personal injury lawyer.