INJURY LAW BLOG

Relevant & Important Information About Personal Injury Law So You Can Be In The Know

How Can Event Data Recorders (EDRs) Improve Your Case?

Smart car circuit board

Using the information held in an Event Data Recorder (EDR) in a legal matter can improve the strength of your case. EDRs can be used in both criminal and civil cases. If you are the injured party in a traffic accident or you believe you have been wrongly charged with a driving offense, you may be able to strengthen your case with the correct interpretation of the data. Let us begin by explaining what an EDR is.

What is an Event Data Recorder?

 

An EDR is a device installed in automobiles which acts as a sort of "black box" as used in aircraft. According to The National Academies Press: Sciences Engineering Medicine, it records the operation and status of a vehicle in the seconds before an accident. Both the police and a private party (your attorney acting on your instruction) may obtain data held in the EDR as part of the "discovery" phase of a legal case.

EDRs were first installed in vehicles by General Motors back in 1990, so they are an established engineering product. In addition, American courts have accepted that they carry relevant information that may be explained by a suitable expert to help a jury understand what the vehicle was doing at the time. The objective data in the EDR may contradict what an eyewitness or other observer believes they saw.

How Can an EDR Improve Your Case?

 

Court cases are heard by a judge and, when appropriate, by a jury. They listen to evidence, for example, based on information "discovered," from witnesses, and the opinion of experts. Objective evidence carries weight because it is not affected by a person's memory or what someone perceives happened. EDR data can improve a case because:

  • It is collected electronically, so is objective.
  • The Federal Rules of Evidence rule (FRE 1001) state that data may be held electronically, so it can be used to support a case.
  • Courts have established that EDR data may be "relevant and usable" in a case.
  • EDR data has passed third-party tests for accuracy, and results have been accepted by appropriately qualified experts.
  •  

The Takeaway

 

Cases are decided by evidence being heard and believed. EDR data is gathered objectively, has been proven to be reliable, and does not fade with time in the way a witness's memory may fade. Each EDR device's accuracy can be explained by an expert witness. Taking these into account strongly suggests that an EDR can improve a case. If you have been involved in an automobile accident, or if you believe you have been wrongly charged with a traffic offense and would like expert representation, please click this link to contact us, so we can arrange a free, initial consultation.

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Picking the Right Law School

Topic: tips, law school

teacher student (1)

The judiciary field is expanding and with that comes the increase in the number of schools specializing in teaching Law. When considering which school to choose, there are a lot of factors that must be taken into consideration. Sometimes it's hard to even understand what you need in a law school. Continue reading this article to find out more information about what to consider when choosing the right school of law for you.

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Injured in a College Dormitory? Who's Responsible?

Introductory Comments

woman with personal injury in a dormitory

To put it bluntly - it all depends on the what, why, how, and where of the injury. Determining responsibility for injury in a college dormitory can be both complex and subtle, so it is always wise to consult a personal injury law firm as soon as possible. It is also worth doing some research beforehand.

Prospective students should know how seriously the college takes student safety. Does the college, for example:

  • - Have its own law enforcement officers?
  • - Encourage students to voice concerns about potential dangers or safety issues?
  • - Have a prompt and comfortable communication system so students know their concerns will be addressed positively?
  • - Have a successful system for handling accidents and injuries?
  • - Have an anti-hazing policy?
  • - Have an effective cleaning and property maintenance system in place
  •  

High profile law enforcement patrols can deter potential attacks that would otherwise cause injury, and an effective injury-response system may reduce the effects of injury. Well-maintained dormitory buildings are less likely to be illegally entered and students attacked. Colleges with a "conscientious" approach to preventing and minimizing accident and injury may be less liable than one which has a casual attitude toward student safety.

 

General and Personal Responsibilities

 

The New York Court of Appeals publication (Records and Briefs:67 NY2D 271 p85) says that with regard to state-operated college dormitories, the state is acting as a landlord and, therefore, carries some liability if an injury is proximate (directly linked) to proven negligence by the college. This implies that colleges have a responsibility to provide a safe environment in which to live. Individuals, however, also have a responsibility not to indulge in potentially dangerous acts.

A student who gets drunk, for example, and then hurts themselves doing something they wouldn't, had they been sober are likely to find it more difficult to shift responsibility for the injury to the college. On the other hand, a student who falls in a dormitory with a dangerous stairwell that has been reported but not cordoned off or repaired will have a stronger case against the authorities.

Summary Comments

 

Responsibility for accidents in a college dormitory may fall partly or wholly on all parties. The college does have a responsibility to provide a safe dormitory environment: dangerous real estate, broken or dangerous kitchen equipment or furniture imply some college responsibility. Knowingly using dangerous equipment after it had been put out of general use, may shift some responsibility to the individual suffering injury.

Limiting security presence or not securely maintaining external doors leans towards college responsibility, but getting injured during non-college sanctioned activities such as hazing or consuming alcohol leans back to student responsibility.

In any case of personal injury, it is always sensible to consult a legal expert who specializes in personal injury cases, so the matter can be addressed in detail and within the parameters of New York law. To this end, if you would like to seek advice, please just click this link to contact us.

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Talking to an Insurance Adjuster Without Your Counsel Present

Injured man talking to insurance company without his counsel present

After an accident that involves personal injury and property damage, the other party's insurance adjuster or agent will probably contact you directly. This may be before you have had a chance to speak with an attorney. There are some simple principles to understand and a few standards to work to when talking with an insurance adjuster or agent.

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Injured From A Defective Product?

 

lawyer communication

Minor or severe accidents can happen anywhere. They could happen driving down the freeway or walking in to work. If an accident happens to you, you might begin to consider retaining the services of a lawyer. This is especially the case if the accident has resulted in injuries.

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Was Your Child Injured at Daycare?

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Nannies and Day Care Centers Have Responsibilities

 

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How to Fight Insurance Companies When You Are Injured

Casual young woman using laptop and cellphone on sofa at home dealing with insurance companiesJust a brief glance at the statistics quickly illustrates just how immensely hefty the collective costs of insurance premiums are as a whole. When accounted for across the globe, insurance premiums' total gross value exceeds $5 trillion. In the United States alone, there total number of insurance businesses currently operating is close to 6,000. Of the nearly 6,000 American insurance businesses registered today, over 3,000 of them are in the life & health category.

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Nursing Home Malpractice: Fighting For The Elderly

Elderly woman in a nursing home with a male doctor. Medical malpractice conceptThoroughly vetting the quality of nursing homes before you entrust any of them with the care of an aging loved one is imperative. The upkeep of nursing homes' facilities and supplies can be a matter of life and death. However, it's not just the things that the nursing home has in stock or as utilities that play a vital role in ensuring a safe and hospitable environment. The professional and caring conduct of the staff, or the lack thereof, can and should be a massively influential factor in the decision process.

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Avoiding Cash Flow Problems with a Good Credit Line

cash flow financial report

Cash is king. With the current economic times, it is almost impossible to keep the business running with bad cash flow. In fact, it is one of the biggest reasons why one out of every four businesses fail to make it beyond their first year. Fortunately, there are proven measures that you can put in place to keep cash moving into and outside the business with ease. One of the most effective is by maintaining a good credit line.

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What Is the "Seat Belt Defense?"

accident seat belt defense

The Seat Belt Defense

 

The seat belt defense is legal in New York and New Jersey, as well as in 13 other states. It is used by a driver who causes an accident and wants to reduce their legal liability and their insurer's financial liability for covering medical costs incurred by the injured party. If the injured party was not wearing a seatbelt at the time of the accident but should have been, the defense attorney will use expert witnesses to assess what the injuries would have been had the injured party been wearing a seatbelt. The injured party may, therefore, only claim compensation for what the injuries would have been not what they actually were.

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