What Electronic Evidence Can Support Your Claim Against Another Driver After an Accident?

June 18, 2021
What Electronic Evidence Can Support Your Claim Against Another Driver After an Accident?

There are two main components to establishing a claim: liability (who is at fault?) and damages (how hurt are you?). Oklahoma is a comparative negligence state, which means that if you are found partially liable, your compensation will be reduced. This is why it’s critical that you gather whatever evidence you can to make your argument for compensation against the at-fault driver as strong as possible. In this blog, we explore various electronic data monitoring devices, what happens to the information collected, and how it can affect your car accident claim. 

Event Data Recorder (“EDR” or “Black Box”)? 

An EDR is a device required to be installed in every car manufactured after 2014 to record technical vehicle and occupant information. For instance, EDRs may record acceleration and braking, airbag deployment, speed, seat belt usage, steering angle, and the number of crashes and minutes between them (this is particularly useful in multi-car accidents). The information from the EDR often helps to fill the gaps in your narrative of the accident. At the least, it helps to support other evidence. Because the data is quantitative, it is hard for the other driver or their insurance company to refute it. 

So, who has access to black box data? While technically the data belongs to the car owner, others will want access to it following an accident. The police can subpoena it if they feel the driver is less than forthright with them. Your insurer will probably want to have a look to help identify who is at fault after an accident. Your attorney should consider obtaining this information.? 

Dash Cams 

A dash cam can record everything that happens on the road in front of you. Other dash cams have dual cameras that can film behind you or inside your vehicle’s passenger compartment at the same time. Dash cams may provide peace of mind for various reasons, including personal protection and evidence for insurance claims. If you have video evidence of an accident in which you were involved, you can prove that you were not at fault. A lot of evidence can be generated from your dashcam video, including license plate numbers, speed, and direction of travel. As a result, most insurers will not only consider but also use dashcam footage as proof. If you have dash cam video proof of the incident, you should turn over copies of the footage to your attorney. 

Security Cameras 

Many businesses have security cameras on the exterior of their buildings. This security footage can be helpful in the investigation of an accident to determine who was at fault. These types of cameras include traffic cameras, businesses’ outdoor cameras, and even video doorbell devices. If the other driver disputes what happened, security camera footage could support your case. If you think the other driver was to blame for your accident, the camera footage might be able to provide irrefutable proof of the other driver’s fault.  

Cell Phone Data 

Call times and durations of incoming and outgoing calls, timestamps on text messages, and data communications with satellites used in GPS features can all be found in cell phone records maintained by the phone service carrier. Your attorney may claim that a distracted driver caused the accident by demonstrating a connection between the time of a call or text message and the accident. Your attorney should consider obtaining this information.?? 

Social Media  

It’s normal to seek support from family and friends after a traumatic car accident. However, people have become increasingly relaxed about using social networking platforms like Facebook, Twitter, and Instagram to communicate with friends and family. You should assume that everything that you post on social media is going to be seen by everyone that you don’t want to see it. After an accident, though, you should expect the insurance adjuster and if a lawsuit is filed opposing counsel to document everything they find on your social media profiles and play it up as much as possible to reduce your compensation. It’s best to keep your social media accounts private until your case is resolved. You should not destruct or delete information. 

We’ll Gather the Evidence You Need to Win Your Case 

Call the experienced Tulsa Motor Vehicle Accident Lawyers at Graves McLain if you or a loved one has been involved in a car accident through no fault of your own. An accident lawyer will assist you in combating bad faith tactics and fight for full and fair compensation after a car accident. Call us today at 918-359-6600. When you call one of our attorneys, we will speak with you for FREE and determine the best course of action.

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