Prove the other driver is lying with data from his own car.
The nighmare case for both attorneys and accident victims is where there are no independent witnesses in the case of a serious crash and the driver of the other car swears that he had the right of way and he was not speeding. Let’s say you were making a lawful left turn at an intersection and in the middle of your turn a driver traveling in the opposite direction runs a red light and claims you suddenly turned left in front of him, causing the collision. The other driver swears that he or she was driving well within the speed limit and had a green light and saw your vehicle pull into the intersection without even slowing down, and made a sudden left turn that the other driver was unable to avoid. You, of course tell the truth and state that you were stopped waiting for traffic to clear; that you saw the light turn red; you saw the other car at least 10 car lengths from the intersection and you began to make your turn when the other car sped into the intersection and T-boned your car.
Without some witnesses to support you, your claim boils down to your word against the other driver. Most attorneys will decline to take on a case like this because they consider it to be not winnable. However, a very experienced attorney does not stop and accept defeat. An experienced attorney will ask the question, has anybody looked at the “Event Data Recorder” information in both cars? An experienced attorney knows that most modern cars have data recorders that, in the event of a collision, likely have recorded information about the speed, steering, and braking information about a car for up to 7 to 10 seconds before an impact. How would that information help you in your car crash claim?
Mainly it would serve to prove that the other driver was not telling the truth in his version of how the collision occurred. It may show that he was speeding or possibly accelerating into the intersection. It may show he never even applied the brakes or tried to steer away from your car before the impact. These facts would demonstrate that the other driver is not truthful; that he or she took no evasive action and was likely not paying attention to traffic conditions and that he or she is not a credible witness and should be disbelieved in their story of how the collision occurred. The data recorder in your car may show that contrary to the other driver’s statements, you were stopped before the impact; that you began your turn slowly and that you hit your brakes exactly as you said you did when you saw the other car enter the intersection. This lack of crediblity on the other driver and factual support for your version of the events can turn an unwinnable case into a substantial victory that leads to a favorable settlement or a good jury verdict.
So, if you have been involved in a substantial crash that triggers the Event Data Recorder in a vehicle, you need to consult with an experienced lawyer who is aware of the existence of these data recorders and understands how to recover that information and use it to win your disputed liabliity case.
John P. Rosenberg has been representing clients
who have suffered serious personal injuries and
accidents for...Read More