Friday, November 2, 2007

October 3, 2007

Not Thinking Outside the Box

An interesting Appeals Court decision today. Something I didn’t know is that automobile companies have started putting “black box” recorders – a la commercial and other aircraft – that record things like vehicle speed in the moments before an airbag opens. Well, the Appeals Court held that these event data recorders produced evidence that a prosecutor can use when trying someone for negligent homicide. That’s a pretty notable holding and pretty big deal for lawyers that do motor vehicle cases, whether on the civil or criminal side.

So you’d think that the lawyer for the defendant would retain an expert witness to rebut the Commonwealth’s highly qualified expert who explained how these recorders work and how accurate they are. You’d think that, wouldn’t you? Because you’ve got to fight fire with fire and all that. Well, you’d be wrong.

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