Electronic Evidence in Motorcycle Crash Cases
Motorcycle crash victims might need money worse than any other personal injury victims. The medical bills associated with motorcycle wrecks are often staggering, since the injuries are so serious. Because of these serious injuries, these victims have a very hard time moving forward with their lives. Substantial compensation is available, but only if a lawyer establishes negligence by a preponderance of the evidence.
Negligence is basically a lack of care. Most driving errors, such as impaired driving and aggressive driving, count as a lack of care. A preponderance of the evidence is more likely than not. Many times, evidence such as witness statements and medical bills are sufficient to obtain maximum compensation. But that’s often not the case in motorcycle wrecks. So, a Carlsbad car accident lawyer must turn to other evidence, like electronic evidence, to meet the burden of proof and obtain maximum compensation.
Surveillance Cameras
Many times, the old adage is true. Frequently, a picture is worth a thousand words. That’s especially true of today’s high-resolution video cameras.
Video evidence is not only compelling for jurors. If a San Marcos personal injury lawyer properly authenticates the evidence, electronic evidence is practically bulletproof in court. Computers, including video cameras, are never incorrect or biased, assuming they were in good, working order at the time of video recording.
Chain of custody is important as well. Digital camera footage is very compelling to most jurors. But these tech-savvy jurors also know how easy it is to alter, or even fake, video footage. So, an attorney must convince jurors that the footage is real. Simply meeting minimum legal requirements and pressing “play” is insufficient.
Pretrial persistence is important as well. Sometimes, a surveillance camera several blocks away from an accident site captures the critical picture that is the missing piece of the puzzle.
Event Data Recorders
Many people don’t know that all vehicles built after about 2010 are equipped with an Event Data Recorder, a gadget that resembles a commercial jet’s black box flight data recorder. Early EDR models, which appeared in the 1970s, had limited capabilities. Most cars and trucks didn’t have them. Today, a government rule requires EDRs in all vehicles, including commercial vehicles. Furthermore, EDR capacity has expanded significantly. Most of these gizmos capture and record information like:
- Vehicle speed,
- Engine RPM,
- Brake application, and
- Steering angle.
This valuable information is generally unavailable unless a lawyer obtains a court order. California has very strong vehicle information privacy laws. On a related note, these devices are technically sophisticated. An attorney needs more than legal authority to inspect and download EDR contents. A lawyer also needs the proper technical tools.
This effort may be for naught unless a lawyer acts quickly. Most insurance companies destroy wrecked vehicles within two days. If that happens, any physical evidence the vehicle might have contained, including the EDR, is lost forever.
So, a lawyer must quickly send a spoliation letter to an insurance company. This letter creates a legal duty to preserve all potential physical evidence, including the EDR, for future inspection.
Work With a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
law.cornell.edu/wex/preponderance_of_the_evidence
