What if the EDR data hurts my case?

It’s a concern I hear from attorneys when discussing whether to download a vehicle’s Event Data Recorder.

And I understand the concern. Once you have the data, you have to deal with what it says.

But here’s the other side of that question:

What if you don’t get it?

EDR data may provide information about speed, braking, throttle application, seat belt status and other vehicle parameters surrounding a collision. Sometimes the data supports your theory of the case. Sometimes it doesn’t. And sometimes it tells you something you weren’t expecting.

But the evidence already exists whether you retrieve it or not.

There may be a temptation to roll the dice and build the case without it. But if the vehicle is available and potentially valuable evidence is sitting there in plain sight, I’d rather know what it says early—before significant time and resources are invested and before it becomes a surprise later in the case.

Getting the data doesn’t mean it should be viewed in isolation. EDR evidence still needs to be evaluated alongside the vehicle damage, roadway evidence, photographs, video, testimony and the rest of the reconstruction.

Don’t be afraid of what the data might say. Be concerned about making important decisions without knowing what it says.

Accident Reconstruction. Forensic Analysis. Results.

Moreda Consulting, LLC
MoredaLLC.com