Every detail matters when proving fault in a car accident, including how your vehicle’s safety systems performed. Lawyers can utilize in-car information to reconstruct accidents and determine liability.
Car accidents can be stressful, traumatic experiences that leave victims with serious injuries and high bills. In 2023, the average auto liability claim for bodily injury was $26,501, while the average claim for property damage was $6,551. If someone else’s negligence caused your accident, you might be entitled to compensation for the damage you suffered. However, you will need to submit evidence proving who is at fault and, therefore, financially responsible for the damage.
When considering court evidence in accident suits, most people tend to think of photographs, police reports, eyewitness testimonies, and medical records. However, there are other lesser-known types of evidence that can help your case. It’s easy to see seat belts, airbags, and crumple zones as lifesavers only, but these and other vehicle systems can also play a crucial role as evidence in personal injury or accident litigation.
Seat Belts as Evidence
Whether you were wearing a seat belt or not can affect your case, especially if you’re in a state with a seat belt defense rule. If you weren’t wearing a seat belt, this rule could lead to your damages being reduced, as the defendant can argue that you were partially responsible for your injuries (a concept known as contributory negligence). In some states, seat belt evidence is inadmissible for proving negligence, although it can be submitted for damages.
If you were wearing a seat belt at the time of the accident, you would need to prove it. There are various ways of doing this, such as by:
- Supplying the court with driver- or cab-facing dashcam footage.
- Submitting seat belt sensor data showing you had buckled up.
- Providing testimonies from accident witnesses or first responders indicating you were wearing a seat belt.
While seat belt evidence does not prove fault, it can show that you took the necessary steps to protect yourself.
Crumple Zones as Evidence
Almost all cars and trucks are designed with crumple zones, which are areas engineered to absorb crash energy. Crumple zone data can be submitted as evidence, especially if they failed to perform as expected, contributing to your injuries.
There are a few ways in which you can use your vehicle’s crumple zones as evidence in support of your compensation claim. One is to submit crash reports and photos of the damage to your vehicle. Another is to have accident reconstruction experts analyze your vehicle’s crumple zone performance.
If the crumple zone worked as expected, it could be argued that your injuries were less severe, potentially lowering compensation and medical expense amounts. However, if the crumple zone was defective and contributed to your injuries, you might be able to file a product liability claim against the vehicle manufacturer.
Airbags and Deployment Data as Evidence
Airbag deployment data can play an important role as evidence in your car accident court case, as these safety systems can be helpful or harmful. For example, an airbag that deploys correctly can prevent serious injury or save your life, but one that deploys accidentally, late, or not at all can be a contributing factor to the accident and your injuries. Stored in the vehicle’s event data recorder, airbag deployment data offers a clearer picture of what happened when the accident occurred, helping to establish fault.
A car accident lawyer can use this data to prove the severity of the impact, the speed at which you were traveling, and whether the airbag functioned as intended. If they can prove the airbag helped limit your injuries, you may receive less compensation. However, if the airbag is proven to be faulty, you might be able to file a product liability claim, as the vehicle manufacturer would be partly responsible for the severity of your injuries.
Event Data Recorders (EDRs) as Evidence
While most people have heard of black boxes used as evidence in aircraft crashes, many don’t realize that most modern vehicles are fitted with similar technology. Event data recorders (EDRs) or electronic control modules (ECMs) record information such as seat belt use, throttle, speed, braking, and airbag deployment in the seconds before, during, and after an accident.
This data can be downloaded from the EDR to help reconstruct what happened in the vehicle during the accident. Submitting your own EDR data is acceptable, although due to privacy concerns, you will not be able to submit another driver’s EDR data unless it is retrieved lawfully. The court can subpoena this data in certain cases, such as personal injury, criminal DUI, or wrongful death.
If you or the other party wants to submit EDR data as evidence, it’s important that you’re aware of the possibility that it may be challenged for reasons such as:
- Experts might testify negatively about vehicle calibration or maintenance.
- EDR data does not correlate with accident scene measurements, photos of vehicle damage, or eyewitness testimonies.
- The EDR did not record information accurately when the accident happened.
Due to case law’s evolution around the US, lawyers who want to use EDR data need to be particularly careful about the chain of custody for this data and rely on experts who are qualified to assess it, as it may be inadmissible in court.
Other Surprising Evidence Sources
In addition to seat belt, crumple zone, and EDR data, you may be able to submit other evidence in your vehicle accident case. Other potential evidence sources include:
- Mobile Phone Records: Provided mobile phone records are obtained lawfully, they can prove one party was making a call, texting, or using an app when the accident occurred. By providing evidence of distracted driving, they can strengthen or weaken your case.
- Collision warning/lane assist logs: These logs can provide evidence indicating whether you or the other driver ignored alerts.
- Defective Vehicle Components: The manufacturer may be liable if your vehicle’s brakes, steering column, or other components are proven to have been defective.
Support Your Case with Strong Evidence
Whether you were the victim of another driver’s negligence or you’re being blamed for a car accident, you need to support your case with strong evidence and expert legal counsel.
An accident lawyer knows how to gather evidence, conduct an investigation, and challenge unfair accusations, increasing your chances of receiving compensation for damages or being proven only partly responsible or innocent. The more evidence you have, even if it’s from surprising sources, the greater your chances of being able to move on with your life sooner.
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