Twenty years ago, technology played a very minor role in resolving personal injury and auto accident cases. Most often, there were the witness statements, the medical records of the injured persons, the testimony of each party involved in the accident, police reports, and accident reconstructions. In the last two decades, many things about how personal injury cases are presented, settled, or resolved at trial has changed. Rapid advances in technology and its application, the scope of data collection, and how data is analyzed now play a role in many accident cases. This is true for both parties in a case, plaintiffs and defendants. At Saladino & Schaaf, PLLC, we understand how leveraging technology in personal injury cases can help make a difference in proving liability and securing fair compensation.
Types of Technology in Personal Injury Cases
What is a Car’s Black Box?
Car black boxes, known as Event Data Recorders (EDRs), have become standard equipment in most modern vehicles. These devices are digital witnesses to what happens in the seconds before, during, and after a collision. While many drivers remain unaware of their presence, these devices are becoming increasingly important in helping to determine accident liability. Most EDRs operate on a continuous loop, overwriting old data until a crash event triggers the device to save the most recent information. Depending on the manufacturer, EDRs typically preserve data from 5-20 seconds before impact through several seconds after. Unlike data flight recorders, the original black boxes, automotive EDRs are small electronic modules typically integrated into your vehicle’s airbag control module.
Modern Event Data Recorders in cars can record a surprising amount of information, including:
- Vehicle speed
- Engine RPM
- Throttle position
- Brake application
- Steering wheel angle
- Seat belt use
- Airbag deployment timing
- Crash forces experienced
- Vehicle roll angle
- Changes in forward velocity
The data collected by an EDR provides a verifiable record of the actual circumstances surrounding the accident – eliminating conflicting recollections. These records provide facts that may help prove or disprove claims. Since EDRs are now standard in most vehicles, checking your owner’s manual can help determine if your car is equipped with one.
Smartphone Data
Smartphones may also provide reliable information to support or disprove claims made about the circumstances surrounding an accident. Cell phone data and GPS systems in the vehicle and on your smartphone can aid in calculating speed, vehicle movement, and distance traveled. This data can also help build a timeline of the events leading up to the crash.
Phone records may serve as evidence in distracted driving cases, revealing whether a driver was texting, making calls, or browsing the internet just before the crash. Additionally, smartphone cameras may capture key details at the scene, such as road and weather conditions, signs of driver impairment, and potential witnesses. In some cases, on-site recordings may also indicate the presence of traffic cameras, which could later be reviewed as part of the investigation.
Smart Watches and Fitness Trackers
Apple watches, Fitbits, and Garmins are wildly popular for tracking health and physical conditioning, heart rate, stress level, fitness activity levels, and even total steps taken every day. All of this data may be used to document the extent of injury and the recovery progress. Comparing pre- and post-accident activity levels may also provide compelling evidence regarding the severity of an injury and its long-term effects.
Social Media
Social media posts, photos, and activity can serve as valuable evidence in personal injury cases. Insurance companies and opposing parties may scrutinize a claimant’s online activity to assess physical condition, recovery progress, or contradictory statements. A single post or picture could influence the credibility of a claim.
Traffic Cameras and Rideshare Dashcams
While New York may be among the most heavily surveilled cities in the United States, that doesn’t mean that our local towns don’t also have traffic cameras on many of their streets. Video footage from traffic cameras often provides additional evidence about the accident. Neighboring houses and businesses may have doorbell cameras with relevant footage. Dashcams are now widely available and used by many drivers. The car behind you may have dash cam footage of the accident which could prove helpful to illustrate what happened.
Technology for the Win
The use of technology in personal injury cases has helped transform the legal landscape by providing evidence to help strengthen claims, clarify liability, and ensure fair outcomes. From black box data to smartphone records, digital evidence may help level the playing field for injury victims seeking justice.
Have Questions? Contact Saladino & Schaaf
At Saladino & Schaaf, PLLC, we understand the power of technology in building strong cases and fighting for the compensation our clients deserve. If you or a loved one has been injured in an accident, don’t hesitate to reach out. Our team is committed to getting you the compensation you deserve. Call us at (270) 444-0406 or (270) 753-1529 for a free consultation. Our offices are conveniently located in Paducah and Murray.