Importance Of Evidence And Witnesses In An Injury Case
In a severe case, the injured person is likely to be incapacitated, so they need someone to collect evidence in an organized and professional manner. In motor vehicle accident cases, I use an expert to help me collect the Electronic Control Module, or ECM, from both vehicles. The ECM is a black box located in your car or truck.
Almost every vehicle has a black box that compiles data on speed, braking, and other key issues. That data will reset itself when the ignition is restarted in many makes and models. There are practical uses for this data, too, as it relates to your claim. I have an on-call team, one part of which handles video production. The video production people are former video editors that used to do this type of work for the local news, but now do video for me.
The other part of the team handles engineering, or more specifically, reconstructing accidents by retrieving information from the ECM. We try to obtain that information before the insurance company does. If we do not get it before the vehicles are disposed of, then we will most likely never get it.
Another aspect of the accident reconstructionist process is called Computer Assisted Drafting, or CAD. The CAD machine looks like surveying equipment. Our engineer goes to the scene and uses the CAD machine, with laser points focused on each landmark to make a three-dimensional site map of the scene. I want this step to be conducted immediately, before the markings on the grounds disappear or before debris is swept away.
When my on-call team collects and presents this evidence in video format, it makes for a powerful presentation to insurance companies and to potential jurors.
Why Can’t A Lack of Insurance Be Used in Court as Evidence?
As mentioned in the previous chapter, a statement about a lack of insurance is not allowed to be used in court as evidence because it shows the financial state of the parties. In Illinois Court, unless the defendant’s attorney brings health insurance up first, the plaintiff cannot talk about it. There are many times where jurors are left scratching their heads as to why the plaintiff did not receive medical attention. The defense keeps implying throughout that there is something wrong with the plaintiff or the claim. Then, during the closing argument the defense says, “Well, it couldn’t have been that serious. Mr. Jones didn’t even go to the hospital by ambulance. You and I both know if this were serious, Mr. Jones would have gone to the hospital.”
PRO TIP: CHANGE YOUR INSURANCE PROVIDER IF YOU FIND A BETTER RATE ELSEWHERE
People are always worried about changing insurance companies. I always tell my clients to fire their insurance company if the insurance company raises rates. Smart consumers are constantly changing their coverage providers when another insurance company offers better rates.
For more information on Importance Of Evidence & Witnesses, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 495-5598 today.
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