Rest assured that Big Brother is still watching you. But, he has a hard time seeing past your surgical or other mask.<\/p>\n
Before the pandemic, most facial recognition software focused on the entire face.<\/p>\n
Now, there is a race to create a program which focuses on the area around the eyes. Retinal and other scanners are already available, but they are much more expensive.<\/p>\n
Shaun Moore is the CEO of Trueface, a company that provides security for Air Force bases. He said his company hopes to have advanced software available by this fall<\/a><\/u>.<\/p>\n Facial recognition has come under fire from privacy advocates, both because of its possible inaccuracy and the potential for abuse.<\/p>\n Facial recognition and video surveillance technology often co mes into play in hit-and-run claims, especially in criminal court.<\/p>\n In some jurisdictions, the percentage of hit-and-run drivers caught is less than 10 percent<\/a><\/u>. So, surveillance is an important tool.<\/p>\n In criminal court, the burden of proof in these cases is beyond a reasonable doubt.<\/p>\n Since anyone can get into a car and drive it, especially if it\u2019s a shared vehicle, in order for charges to hold up in court, a witness needs to see the driver behind the wheel at or near the time of the crash.<\/p>\n That witness could be an eyewitness or, even better, a facial recognition or other camera.<\/p>\n Electronic evidence is preferable because, if the gadget is working properly, computers are not biased or incorrect.<\/p>\n In civil court, the burden of proof is only a preponderance of the evidence (more likely than not). That\u2019s the lowest standard of evidence in New York.<\/p>\n So, facial recognition might not be needed for liability purposes. Typically, for this portion of the trial, a New York personal injury attorney<\/a><\/u> need only identify the owner.<\/p>\n It is more likely than not that the owner was the driver, unless the owner has an ironclad alibi.<\/p>\n However, facial recognition might be relevant for damages purposes. Jurors like to know that they are demanding the right person to pay compensation.<\/p>\n This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n Facial recognition might be one of the newest forms of technological evidence, but such proof has been available for quite some time. Event Data Recorders<\/a><\/u> appeared in the 1970s and slowly became standard equipment.<\/p>\n By 2005, half of all cars on the road had one of these devices.<\/p>\n Capability varies by make and model. Typically, however, these gadgets measure and record a wide variety of crash information, such as:<\/p>\n This information could be critical in a car crash claim, but it is not always available.<\/p>\n New York has very strong vehicle information privacy laws. Typically, attorneys must obtain court orders before they can access EDRs.<\/p>\n Furthermore, many EDRs are very sophisticated devices. An attorney needs much more than a laptop and a screwdriver to access this device and download the information on it.<\/p>\n That\u2019s assuming the device is available. Frequently, insurance companies destroy totaled vehicles in a matter of days. If that happens, any physical evidence, including the EDR, is lost.<\/p>\n To prevent that outcome, attorneys send spoliation letters to insurance companies. These letters create a legal duty to preserve all potential physical evidence in the case.<\/p>\n That includes the EDR. Unless an attorney sends this letter within a few days after the crash, it might already be too late.<\/p>\nHow Facial Recognition Might Affect Your Car Crash Claim<\/h2>\n
Other Kinds of Electronic Evidence<\/h2>\n
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