Jami S. Oliver voted 2024 “Lawyer of the Year”, Columbus, OH

Product Liability Litigation – Plaintiffs by Best Lawyers in America

Jami S. Oliver also named Best Lawyers 2024 in three areas of practice:
Litigation – Labor & Employment, Medical Malpractice Law – Plaintiffs, and Product Liability Law – Plaintiffs

Electronic Evidence In Car Crash Claims

| Car Accident

The medical bills alone in a catastrophic (life-threatening) injury case usually exceed $50,000. This figure doesn’t include property damage and other economic losses. It also doesn’t include noneconomic losses, such as pain and suffering. Compensation is available for these losses, if a car wreck or other injury proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Evidence in a car crash claim includes the police accident report, witness statements, and medical bills. Sometimes, this proof isn’t enough to overcome insurance company defenses, like comparative fault, and obtain maximum compensation. IN these situations, a Columbus car accident lawyer must dig deeper. Generally, this digging involves electronic evidence. Frequently, this proof is the difference between fair compensation and settling for less.

Surveillance Video

The old saying is true. Typically, a picture is worth a thousand words, especially in civil court. That’s especially true regarding modern surveillance video.

In ye olden days, a Columbus personal injury lawyer showed grainy, black-and-white footage on a tiny screen. That evidence is not exactly compelling. Today, attorneys show jurors high-definition digital color footage on large screens. Most people question what they hear or see in part. But they readily believe what they view clearly with their own eyes.

The best video evidence often doesn’t come from the scene. For example, a camera a few blocks away might have recorded the tortfeasor (negligent driver) driving erratically. A pattern of pre-accident reckless driving often means additional compensation, because it means the tortfeasor intentionally disregarded the safety of other drivers.

Video footage isn’t automatically admissible. Unless an attorney carefully lays the proper foundation, the judge will exclude it, preventing the victim/plaintiff from using what is often the last, vital piece of the puzzle.

Event Data Recorder

An EDR is like a commercial jet’s black box. Black boxes record flight data, and EDRs measure and store information like:

  • Vehicle speed,
  • Engine RPM,
  • Steering angle, and
  • Brake application.

Such information seems random, but an attorney knows how to put it together. For example, high engine RPM in the moments before the crash indicates that the tortfeasor either didn’t see or completely ignored the hazard up ahead.

As above, an attorney must lay the proper foundation to admit EDR evidence. This foundation usually includes a court order that bypasses Ohio’s strict vehicle information privacy laws. Without such an order, the EDR is off limits.

On a related note, insurance companies usually destroy wrecked vehicles within a few days of a crash. So, an attorney must act quickly to preserve physical evidence, including the EDR. This process usually involves a spoliation letter. This letter creates a legal duty to preserve all possible proof for later inspection.

EDRs involve some technical issues as well. Almost anyone can push play on a video recorder. But to tap into an EDR, an attorney needs a lot more than a screwdriver and a laptop. That’s especially true for large truck EDRs, as these devices are incredibly sophisticated.

 Count on a Dedicated Franklin County Lawyer

Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury attorney in Columbus, contact the Oliver Law Office. Virtual, home, and hospital visits are available. Call us now at (614)-220-9100 or contact us online to schedule your case evaluation and to learn more about your legal options.



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