Digital Evidence in Texas Fatal Accident Cases

Guide to wrongful-death claims in Texas.

Video, vehicle data, phones and company systems

A witness may remember the collision but not the seconds before it. A recording, phone record or vehicle download may fill that gap. Before drawing conclusions, find out how the file was obtained, what it records and what it leaves out. A screenshot alone may tell only part of the story.

Retain original files and the information needed to interpret them

• Ask for native recordings with the player or export information. A forwarded clip can be compressed, cropped, or stripped of metadata.
• Cameras, phones, dispatch systems, and vehicle modules can run on different clocks, and a displayed timestamp isn't necessarily accurate to the second.

Evaluate vehicle data within actual capability

• An event data recorder keeps a limited period of selected data for a qualifying event, depending on the vehicle, module, power, and access method. 49 C.F.R. Part 563 covers covered recorders. It doesn't mean every vehicle stores the same complete crash history.
• Texas Transportation Code section 547.615 and the federal Driver Privacy Act of 2015 address who owns and may access recording information. A preservation letter doesn't authorize access.

Obtain company information in a usable form

• Get field definitions with any dispatch or telematics export. A status labeled "driving" may be an app setting.
• Rule 196.4 governs electronic data in Texas. In re State Farm Lloyds, 520 S.W.3d 595 (Tex. 2017), covers proportionality and format, and In re Weekley Homes LP, 295 S.W.3d 309 (Tex. 2009), limits direct access to a system.

Prepare reliable expert opinions and test opposing analysis

• Pick experts by the question: reconstruction, engineering, medicine, pathology or economics.
• Rule 702 governs expert testimony. See E.I. du Pont de Nemours and Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995), and Gammill v. Jack Williams Chevrolet Inc., 972 S.W.2d 713 (Tex. 1998).

Discuss the work your family claim requires

This work helps the firm decide what to preserve now and what the family should decide first.

Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. His trial history is on the firm's published background page, and reported recoveries are on its case results page. Compare them with what your own case needs. Results differ because facts, proof, law and insurance differ.

To talk with the firm, request a free consultation with The Law Firm of Aaron A. Herbert PC or call 214 200 4878. Mention the incident and death dates, any deadline coming up, and whether anyone has offered a release or is about to repair or dispose of evidence. Ask who would handle your matter and how fees and expenses work.

Attorneys and referral partners can use the same contact information. Confirm the firm has accepted the matter before handing off responsibility. See also the Texas Wrongful Death Knowledge Hub and Texas Wrongful Death Claims and Litigation Strategy.

Families who need grief programs, funeral and survivor benefit help, or a needs assessment can use our Wrongful Death and Family Support Center.

Legal sources

Texas Civil Practice and Remedies Code chapter 71 sections 71.002 through 71.011 and 71.021.

Brookshire Brothers Ltd v Aldridge 438 SW3d 9 Tex 2014 docket 10 0846, discussed in Petroleum Solutions.

Petroleum Solutions Inc v Head 454 SW3d 482 Tex 2014 discussing Brookshire Brothers.

In re State Farm Lloyds 520 SW3d 595 Tex 2017.

In re Weekley Homes LP 295 SW3d 309 Tex 2009 discussed in In re State Farm Lloyds.

E I du Pont de Nemours and Co v Robinson 923 SW2d 549 Tex 1995 and Gammill v Jack Williams Chevrolet Inc 972 SW2d 713 Tex 1998 original opinion locator.

Texas Transportation Code chapter 547 section 547.615.

Driver Privacy Act of 2015 Public Law 114 94 sections 24301 and 24302.

49 CFR Part 563 Event Data Recorders.

Texas Rules of Civil Procedure current official edition.

Texas Rules of Evidence and Appellate Procedure current official index.

This is general information about Texas law, not advice on your case. The facts, the law, the policy, and any court orders decide each matter, and the examples here are hypothetical.