An event data recorder (EDR), commonly known as the black box, is found in almost all cars today. This device is vital in a car accident since it gathers information before, during, and after a collision. The data collected is used during investigation and can be submitted as evidence in court cases.
In this article, we discuss how an accident victim can collect car accident data and use it as proof of fault in a vehicular accident. Contact The Clark Law Office to know more about in-vehicle data recorders and all the difference they can make in filing a claim against the insurance company.
What Is a Car Black Box?
Some of the most prominent car brands like Chevy, Cadillac, and Buick have installed black boxes in their units since 1994. Meanwhile, the National Highway Traffic Safety Administration (NHTSA) has utilized black box data since 2000.
Most modern cars from 2013 onwards already have a black box. Less than 5% of new cars in 2013 didn’t have this device. They were then required to be installed in 2014.
The black box can be located somewhere behind the steering wheel and dashboard. However, it can’t be easily accessed, and you can’t turn it off. The only one who can manipulate it is the one who plugs into the connections to read the data.
What Information Is Found in Car Black Boxes?
Your car’s black box collects several types of data regarding your vehicle’s performance and operation. The basic variables that are usually recorded include:
- The vehicle speed
- Steering angles
- The tilt of the vehicle
- Force of impact
- Seatbelt usage
- Airbag deployment time
- Whether brakes were used
- Throttle position
- Acceleration and deceleration speed
Some units track GPS locations and record audio or video from inside the vehicle. However, the length of recording may only be limited to 20 seconds before the accident.
Black Box Data Retention
Event data recorders continuously collect data while the car is in use. One of the two conditions below must be met before the data is saved:
- The car’s safety system is triggered but the airbags weren’t deployed. “Near misses” are saved temporarily, but the duration differs among vehicle manufacturers. The data usually lasts for approximately 250 ignition cycles, which is out 3 to 4 weeks of normal driving activities.
- The airbags were deployed. The data is saved more permanently during accidents that trigger airbag deployment. It’s still highly recommended to retrieve the data as soon as possible.
Federal Safety Rules for Vehicles With Event Data Recorders
Federal regulations stipulated for event data recorders are detailed in 49 CFR § 563.3. It is applicable to the following vehicles manufactured on or after 01 September 2012. They should have a GVWR of 3,855 kilograms or less and an unloaded weight of 2,495 kilograms or less.
You can check the National Conference of State Legislatures to see Michigan’s specific laws regarding the black box. These may change as the number of cars with black boxes increases and data collection improves.
Pros and Cons of an Event Data Recorder
While an event data recorder holds great promise, there are still some issues regarding the use of this device.
- Some courts allow insurance companies to have access to black box data. This may allow them to abuse the data recorded in the device. They may claim that the vehicle owner was speeding to avoid making payouts.
- Privacy law issues are being raised in the collection and processing of EDR data. For example, can the data be used if a person other than the owner was driving at the time of the accident?
- Current models don’t record the driver’s behavior before the start of the accident. It’s hard to prove if the driver was compliant with the speed limit but had to swerve to avoid a collision.
If you can get past the issues mentioned, there are still several reasons why having a black box is advantageous.
- An insurance company can give discounts if you share your data to prove that you’re safe on the road.
- If you’re a parent, you can use this to monitor your kid’s driving habits.
- The data recorded can be used as valuable evidence if you’re making an accident claim or filing a lawsuit against the at-fault driver.
Who Has Legal Access to Black Box Information?
Black box data isn’t easily accessible. You need a crash data retrieval system that is plugged into the onboard diagnostic port under the dashboard.
The car’s manufacturer, NHTSA, and law enforcement have access to this equipment. However, there is still no definite answer as to whether they can legally access data anytime.
Only fifteen states have laws stating who’s allowed to pull recorded data from your car. A court order is required in these states before data can be accessed without your permission. Insurance companies are not permitted to use the data unless you consent.
Black Box Data as Evidence in Car Accident Lawsuits
Car black boxes can be used in an automobile accident lawsuit. They can prove the negligence of the at-fault driver during the accident. The data recorded is normally used by the police investigating the case or accident reconstruction experts.
The data from the vehicle’s black box will be used for collision damage analysis. This will check if the data is consistent or if it contradicts the other driver’s version of events about the crash.
Courts working on automobile accident lawsuits will issue a subpoena for the crash data recorder information. Most courts consider this data as admissible evidence during litigation.
How Can a Car Accident Lawyer Help Car Accident Victims?
Were you involved in an automobile accident and want to get the crash data from your car’s black box? We strongly recommend to get legal representation as soon as possible.
A personal injury lawyer can also help you if you’re having trouble getting crash data from the other driver. He can inform the insurance company and the opposing side to preserve the black box data. He can also work on getting a court order if necessary. Most of all, he can sort through the evidence to build your case.
Victimized in a Car Accident? Contact The Clark Law Office.
The Clark Law Office has vast experience handling car accident lawsuits in Michigan. We have used journey data recorders and car data to prove fault in motor vehicle accidents.
Our seasoned team of personal injury lawyers is committed to ensuring your rights are protected. Call us to book a free consultation today.
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