Facts vs. opinions: Protecting attorney work product in the age of telematics

08.01.26 01:22 PM - By Kira Yakunin

In today’s transportation litigation, telematics evidence is a double-edged sword. It can help you win a case – or inadvertently expose your work product. The latter happens when accident data and legal analysis intersect.

That’s why one of the deepest concerns we hear from attorneys is:
"How do we leverage comprehensive data without compromising insights that win cases?"

Why this matters


According to a recent study by Swiss Re, litigation verdicts are rising amid shifting juror sentiments that increasingly favor plaintiffs. In this climate, having unassailable evidence early on is crucial to win. This evidence is made up of:

Facts

A serious commercial-vehicle collision can generate a wealth of data: driver behaviors, speed profiles, videos, driver logs, and inspection records.

Opinions

You bring the legal lens: your review, legal theory, narrative, and settlement strategy.

But when you store everything together or present it in an unstructured way, the disclosure line becomes blurry. Without a clear separation, you expose your work product to unnecessary discovery risk.

EZ Claims for Attorneys: Segregating facts from analysis


This challenge requires a new class of tools. It’s not just about collecting data, but protecting privilege while managing it intelligently.

That's why we built EZ Claims for Attorneys. The solution delivers comprehensive evidence for trucking accidents in days, not weeks. But it’s not just about producing evidence, but also protecting your client as much as possible.

EZ Claims for Attorneys takes a unique approach


  1. Draivn acts as a retained, digital expert under a legal agreement designed to meet Kovel requirements.
  2. We separate raw, discoverable data from insights and aggregate analysis that expert opinions in litigation preparation.
  3. Every analysis is fully traceable to the raw source data (including retrieval time and method), ensuring defensible transparency.


This increases the chances of separating the discoverable facts from protected opinion.

  • Secure evidence early: Get a clean, segregated, and comprehensive set of facts within days to make better, earlier decisions on settlements.
  • Control the narrative: Get a complete, time-aligned, and contextualized set of facts before the data gets purged or the plaintiff's narrative takes hold.
  • Improved cost-efficiency: Automate data-gathering and preparation, so your team can spend more time on strategy and less on paperwork.


If you're a transportation litigator ready to leverage telematics without compromising work product, let's connect. Or learn more about EZ Claims for Attorneys first.

Kira Yakunin

Kira Yakunin