Being involved in a serious car accident is one of the most stressful things a person can go through. With that said, many people feel that navigating a legal case after their accident is almost as traumatic.
Proving the facts of a car accident is not always simple or straightforward. Fortunately, technological advances can help with your legal case after a car accident.
In cases where there has been an injury, medical care should be the primary focus. Getting back on your feet is vital.
Sometimes getting proper treatment depends on payment from the offending party. One solution is to partner with a legal team. In that case, be sure to choose a team that understands how to shape your case to a favorable resolution.
How difficult is it to prove fault after a car accident?
Some accidents are relatively simple.
Police officers, meanwhile, receive special training to quickly assess the scene of an accident. As a result, they can usually determine the series of events that led to an accident. Also, when witnesses are available, the whole picture often becomes even clearer.
However, not all accidents present ideal circumstances. The parties often disagree about the acts that led to a collision. Witnesses may be unreliable or may give conflicting statements.
It is important to understand that the burden of proof rests with the plaintiff or the person who filed the lawsuit.
How can technology help prove fault in a legal proceeding?
Every year, the technology embedded in vehicles continues to advance.
A great example is found in event data recorders (EDR). These devices are built into newer vehicles and act as a “black box” for cars. Cars equipped with EDR technology do not record each drive or manoeuvre. However, they do record actions that are known to precede accidents.
If the event data recorder identifies a change or condition that could predict an accident, the in-vehicle recorder begins collecting data on how the car is moving. You can also determine how many occupants are in the vehicle and if they are wearing seat belts.
The data collected from an EDR is admissible as evidence in a car accident lawsuit. The information provided by this technology can even prove cases where there are no witnesses and when the parties present radically different memories of the events.
The technology is already being used to pinpoint faults in cars that tout autopilot features, as evidenced by discussions surrounding a fatal car accident involving a vehicle designed and built by Tesla.
As technological advances continue at a breakneck pace, new technologies are on the way that could help even more in car accident cases.
Apple is working on technology that can automatically detect a car accident and call 911. Other apps are trying to develop facial recognition technology to see if the driver is drunk or falling asleep at the wheel. The detection and recording of any of the impediments would have a significant impact on a legal case.
Can technology determine if a car had a good maintenance history before an accident?
Numerous applications that monitor and report automatic maintenance issues are available or under development. In cases where a vehicle malfunction caused or contributed to a serious accident, having access to this information can play a central role in proving the fault.
Consider the power of presenting evidence that a driver was notified multiple times that a vehicle’s brakes needed to be serviced in the weeks leading up to a collision. What if the plaintiff could present numerous low tire pressure warnings that the driver ignored? Did a flat tire cause a multi-vehicle collision?
How can cell phone records help build a strong car accident case?
Cell phone records often play a critical role in determining fault in a car accident. If distracted driving was a factor, this is especially true.
Having cell phone records for all drivers can show if a party was having a conversation or texting while driving a vehicle. The logs can even determine if drivers have searched the internet or viewed streaming content while behind the wheel.
Drivers have an obligation to focus on road and traffic conditions while operating their vehicles.
Research supports the fact that the human brain cannot effectively process multiple input streams at once. So, for example, when a driver is paying attention to their phone at the time of an accident, it becomes difficult for them to argue that they were properly involved in the act of driving.
How do I know if technology can help build my car accident case?
The best way to build a strong car accident case is to work with a legal team.
Technology keeps advancing. Not all legal professionals can keep up with the tools that can help present a complete view of a car accident.
A great legal team will start by determining if any of the vehicles involved in the accident were equipped with technology that records data related to the maintenance or operation of the vehicle. The next step is accessing that information, which often requires legal intervention.
Another valuable skill set is the ability to interpret the data. This skill is necessary to prove fault in a car accident case. Ultimately, working with a highly qualified attorney means that technology is part of a larger picture of the events that led to a car accident.
At the end of the day, a successful car accident case is about making a compelling argument in court about how and why the incident occurred. That argument is so strong at best that the matter is settled out of court. This type of result helps you move forward with the compensation you deserve.
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