After a serious collision, you may feel frustrated and unsure about what to do next, especially if the negligent driver denies they caused your crash. Gathering strong accident evidence is essential for building a successful injury claim, but knowing where to start isn't always easy. Fortunately, many newer vehicles are equipped with event data recorders (EDRs), also known as black boxes, that capture critical information about the moments before, during, and after a collision.
Working with our experienced Atlanta car crash attorney is the best way to preserve this valuable data and use it to support your right to compensation. At Rechtman & Spevak, attorney Jaret Spevak has an in-depth understanding of obtaining black box data and using it to strengthen our clients' cases.
Accident Evidence an EDR Can Provide to Help Prove Your Claim
An event data recorder is a small device installed in a motor vehicle that captures a wide range of data about the vehicle's operation. While the exact data points vary by vehicle make and model, EDRs commonly record information such as:
- Vehicle speed
- Brake application
- Throttle position
- Seat belt usage
- Airbag deployment
- Force of impact
- Time of impact
Typically, the black box continuously records and overwrites data during the vehicle's operation. However, when a crash or near-crash occurs, the EDR saves a recording of the seconds before, during, and after the incident. This snapshot of data can provide invaluable insights into how the car accident occurred and which driver may be at fault.
How Our Atlanta Car Crash Attorney Can Help Preserve EDR Data
While black box data can be a game-changer in car accident cases, strict rules and procedures exist for accessing and preserving this information. The data is not automatically accessible and must be downloaded by a professional using specialized equipment to be used as accident evidence in your case.
Unfortunately, black box data can be overwritten if the vehicle is started or driven after the accident, so time is of the essence. At Rechtman & Spevak, our team takes immediate action by sending a spoliation letter notifying the vehicle owner and their insurance company not to destroy or alter potential evidence, including EDR data.
We can also file a lawsuit to obtain a court order to access the recordings from the other driver's vehicle if the insurance adjuster or motorist are unwilling to provide it voluntarily. Working with our legal team ensures that you follow the proper procedures and obtain the data in a way that’s admissible in court.
How EDR Data Is Analyzed and Used as Accident Evidence to Support Your Injury Claim
Once the black box information is properly preserved and downloaded, part of our strategy is to partner with accident reconstruction experts to analyze it and determine how it reinforces your case. The data provides objective evidence of key factors such as:
- Proving fault. It can show if the other driver was speeding, failed to brake, or accelerated suddenly before the crash. An expert uses the EDR data to show how the other motorist’s negligence caused the crash.
- Verifying statements. Black box information can corroborate your account and that of witnesses about how the car collision occurred. It also helps resolve “they said/you said” disputes with the other driver if they lie about the cause of the crash and there aren’t any eyewitnesses.
- Countering insurance company arguments. The at-fault driver’s insurance adjuster may try to downplay your injuries or argue that you were partially at fault. EDR data helps refute these claims and demonstrate the severity of the impact.
- Strengthening settlement negotiations. With strong evidence from the black box, our car accident attorney builds a compelling case for the full value of your claim during settlement talks with the insurer.
- Supporting courtroom arguments. Our team also takes action to file a lawsuit if the insurance company is unreasonable or the statute of limitations under O.C.G.A. § 9-3-33 expires soon. If your case goes to trial, EDR data can serve as persuasive accident evidence to present to a judge and jury.
Consult an Atlanta Car Accident Lawyer to Protect Your Rights
If you were injured in a car accident in Atlanta, don't wait to seek legal representation. Rechtman & Spevak acts quickly to preserve critical black box evidence. With over 30 years of experience fighting for the rights of accident victims, Jaret knows how to establish a strong case to help you pursue the compensation you deserve in a crash settlement.