Data Speaks Louder Than Words: How EDRs Can Make or Break Your Case

By Eugene Bruno on August 29, 2023

 You’ve heard the saying: “A picture tells a thousand words,” but what happens when a picture isn’t enough? If your vehicle doesn’t show much damage from a crash, a picture won’t tell the story of what happened to you inside the vehicle. To prove your case, you’re going to have to find other evidence to tell the story.

How Can Insurance Companies Deny Injury Claims?

Insurance companies routinely deny injury claims because, they say, the crash doesn’t look bad enough to have hurt you. Insurance companies have their own saying for that: “No crash, no cash.” During the 1990s, State Farm Insurance pioneered a new field of junk science they called “biomechanics.” In reality, State Farm was just tired of paying injury claims when there wasn’t much visible damage to either vehicle, so they invented a pseudo-scientific excuse to deny minor damage claims.

Today, it’s not just State Farm; every insurance company uses the same junk science excuse to undercut legitimate injury claims. Some insurance companies are pretty aggressive about it and refer such claims to what they call the “minor impact” or “special investigation” department.

How Biomechanical Witnesses Can Diminish Your Claim

Biomechanical witnesses are not medical doctors, so they can’t even say if you were actually injured. So, what do they testify about? They testify about probabilities. They say you probably “shouldn’t” have been injured because the crash damage does not look that bad. Typically, they will tell the jury things like “the force of this crash was no worse than activities of daily living.”

For example, biomechanical witnesses often describe the force of a rear-end collision to be as minor as a sneeze or falling backward into a chair. However, some people can be injured by such minor forces, and there is actual medical evidence to prove it. This testimony can be confusing and misleading to a jury because you’re a person, not a statistical probability.

There is real science to rebut this junk science. Like aircraft, just about every vehicle today has a “black box” that records crash data. After a plane crash, investigators scramble to find the black box to determine what caused the plane to crash. Your vehicle’s black box, or EDR (Endpoint Detection and Response), is easy to find – it’s right under your dash, but many lawyers don’t investigate to see what they can learn from it. In fact, your vehicle’s black box may hold all the evidence you need to win your injury case.

What Is an EDR and How Can It Help Your Case?

The EDR is located in a protected module underneath the dashboard. Retrieving and interpreting this data requires specialized equipment and knowledge. The data recorded and the tech required to retrieve it varies according to the vehicle. For instance, only a handful are qualified to retrieve big-rig truck EDR data. The retrieval and interpretation of EDR data must be conducted by a qualified technician to ensure that the information is reliable and will be admissible in court.

EDRs capture and store data related to the vehicle’s operation and performance. This data is held in the EDR’s memory for only a limited time, so retrieving that data early could be critical to your case. EDR data typically includes vehicle speed, acceleration, braking activity, steering input, seat belt usage, airbag deployment, engine performance, and crash forces called Delta V and Delta T, which measure the change in your vehicle’s speed and velocity caused by the crash.

Some advanced EDR systems even have GPS technology to track location. When a crash triggers the EDR, the system captures and stores the data from a few seconds before to a few seconds after the crash. This is real-time evidence that provides valuable insight into the circumstances leading to a collision, and it can help your legal team reconstruct and assess all of the factors contributing to the crash and your injuries.

What Can an EDR Prove?

EDRs can prove how a crash happened and how bad the crash forces really felt inside the passenger compartment. EDR data is evidence that an experienced attorney can use to prove your injury claim, even if photos show little or no physical damage to your vehicle and even if so-called experts say the crash was no worse than a sneeze.

When used by an experienced attorney, EDRs can provide the evidence you need to win your case and receive fair compensation. At Eugene Bruno & Associates, our attorneys are experienced in using EDR data to our clients’ advantage. We know how to refute the typical “no worse than a sneeze” claim and can use your vehicle’s EDR data to help ensure your case is a winner.

EDR collection and analysis typically costs a few hundred dollars, which can be advanced by Eugene Bruno & Associates and reimbursed after you win.

Consult an Experienced San Diego Truck Accident Attorney About Recovering Data to Support Your Case

To find out whether an EDR analysis of your vehicle is the right choice for your case, contact Eugene Bruno & Associates. We will act quickly to preserve this critical evidence and do everything in our power to achieve the compensation you deserve for your injuries.

Our San Diego truck accident attorneys can help you understand your rights, negotiate with insurance companies, and assess the relevant issues of your case. With over 40 years of combined experience and a 99.7% success rate, we are fully prepared to guide you through the legal process and support you at every turn.

Call 1-888-BRUNO-88 (1-888-278-6688) to schedule a free case consultation today.