COVID-19 Forces Oklahoma Peace Officers to Make Changes
"If somebody calls us because they're in a car crash, that's different than somebody calling because they want to give us information on someone who is having a domestic (violence situation), or somebody who just had a burglary occur," explained
"The bottom line is: we still have wives, kids, significant others and families at home," said
The police accident report is often the evidentiary cornerstone of a vehicle collision claim. Medical bills are usually just as important. If the police report is unavailable, attorneys must look elsewhere for evidence. A vehicle's Event Data Recorder often provides all the information the police accident report would have provided, and more. Investigators often use black box flight recorders to determine the cause of airplane crashes. Similarly, attorneys use EDR information to help determine liability in a car crash claim. EDRs measure and record information like:
- Vehicle speed,
- Steering angle,
- Engine acceleration or deceleration, and
- Brake application.
This determination is not absolute because insurance company defenses, like contributory negligence, might apply.
Electronic evidence in general, and EDR evidence in particular, is often very compelling in court. Tech-savvy jurors usually respond very well to electronic evidence. And, if the EDR was working properly, insurance company lawyers usually cannot successfully challenge its information. Computers are never wrong and never biased. EDR information can make or break a case, especially in the absence of a police report, and attorneys must act aggressively to ensure this evidence is available in court. Generally, insurance companies destroy totaled vehicles within a few days of an accident. If that happens, any physical evidence, such as the EDR, is gone.
So, attorneys send spoliation letters to insurance companies in these situations. These letters create a legal duty to preserve any potential physical evidence, including the EDR. Moreover,
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