You probably know about flight recorders, or black boxes, and how they record voices, sounds, and other inflight data that plane crash investigators can use to determine what went wrong after a plane goes down.
Many New York motorists may not know that there’s likely a similar device in their car that can provide important data in the event of a car accident.
Do Vehicles Have a Black Box?
Long the best friend of federal investigators trying to unravel what happened in the moments before a plane went down, a similar Event Data Recorder, or “EDR,” is now a go-to source of information for those trying to make sense of traffic accidents.
Unless a vehicle is very old, the manufacturer may have equipped it with a black box. Almost every vehicle made since 2021 has an EDR.
Though an EDR uses sensors throughout the car, the main unit is usually under the driver’s seat or inside the center console.
Unlike the black boxes on airplanes, however, vehicle EDRs don’t generally capture data unless something happens — an event of some kind — to start the recording. Though slamming into a huge pothole could potentially trigger a car’s EDR if the impact is severe enough, data capture usually happens only when there’s a collision sufficient to cause evident damage to the car and trigger airbag deployment.
What Information Does the Black Box Record?
A car’s EDR records technical and human-input information for a few seconds before, during, and after a crash, according to a Q&A resource released by the National Highway Traffic Safety Administration.
Black-box data may include information about
- Speed;
- Braking
- Steering;
- Throttle position;
- Force of impact;
- Airbag-deployment; and
- Seat belt usage.
Federal requirements for “collection, storage, and retrievability of onboard motor vehicle crash event data” ensure accident records of a quality that would enable crash investigators and researchers to retrieve data.
When Did They Start Putting Black Boxes in Cars?
The idea of recording car crash information dates back to the early 1970s.
Here’s a rough timeline.
- 1970s: After the National Transportation Safety Board recommends automakers and NHTSA work together to gather information on crashes using on-board collision-sensing and -recording devices, General Motors creates technology to record data concerning airbag deployment in certain models.
- 1999: GM vehicles gain the capability to record data concerning operations before the crash.
- 2006: The NHTSA, in Part 563 of the Code of Federal Regulations, sets requirements for data elements, data capture and format, data retrieval, and data crash survivability for EDRs, becoming fully effective in 2012.
- 2013: By some reports, 96 percent of new cars sold in the U.S. are equipped with a black box
How Much Data Do Crash Reconstructionists Need?
Researchers at Virginia Tech conducted an EDR-duration study to determine how long EDRs must capture data to provide useful information.
The five seconds of recording now required was insufficient to help investigators with crash reconstruction. But how many seconds would be needed?
Researchers concluded that twenty seconds of pre-crash data — the length prescribed by the NHTSA’s proposal — would capture most of what’s needed.
According to a study, “a minimum of 20 seconds of pre-crash data recording is necessary to investigate crash causation, as this period captures the driver pre-crash actions in 90% of the dataset.”
Does My Vehicle’s Black Box Violate My Privacy?
For many Americans, the term black box still conjures images of planes, not cars. The FAA has required cockpit voice recorders on commercial flights since 1965.
The idea of black boxes in cars is new enough to have raised privacy concerns, but the information they capture is generally limited to serious crashes and includes no personal data, such as name, gender, age, or crash location.
What black boxes do record can be obtained during a crash investigation. After a serious crash, it is generally a good idea to preserve the vehicle so that its black box can be analyzed. The same goes for the other driver’s car. It is critical to make clear your intention to analyze its EDR before the vehicle is disposed of or such data is otherwise spoiled or “spoliated.”
You can check your car’s owner’s manual for more information about its black box. Federal regulations require an EDR statement in each owner’s manual. If you’re buying a car from a dealership, that dealership can tell you whether the vehicle has a black box.
Comparison of Black Box Data with Other Forms of Evidence
Black box data from a car involved in a car accident can provide vital information that can help make or break a case. While EDR information can provide crucial evidence in car accident cases, it's important to understand how it compares and relates to other common evidence.
Let's examine how black box data stacks up against eyewitness testimony, police reports, and surveillance footage.
Eyewitness Testimony:
- Strengths: Can provide context and details not necessarily captured by technology.
- Weaknesses: Subject to human error, bias, and memory limitations.
- Comparison with EDR: Black box data offers objective, precise measurements that can corroborate or contradict eyewitness accounts. For instance, an EDR might show a vehicle's exact speed, while a witness might only estimate it.
Police Reports:
- Strengths: Offer an official account of the accident, often including diagrams and initial observations.
- Weaknesses: May contain errors or omissions, especially if the officer arrived after the accident. Most descriptions in Police Reports are inadmissible hearsay.
- Comparison with EDR: Black box data can provide crucial details missing from a police report, such as pre-impact speed or brake application timing. This information can help fill the officer's report gaps or correct any mistaken assumptions.
Surveillance Footage:
- Strengths: Provides a visual record of the accident as it occurred.
- Weaknesses: May not be available for all accidents and might not capture all relevant angles or details.
- Comparison with EDR: While surveillance footage shows what happened externally, EDR data reveals what was happening inside the vehicle. Together, they can provide a comprehensive picture of the accident. For example, surveillance might show a car swerving, while EDR data reveals the driver's steering input and speed at that moment.
How EDR Data Complements Other Evidence:
- Verification: Black box data can confirm or refute claims made in witness statements or police reports.
- Precision: EDRs offer exact measurements where other forms of evidence might only provide estimates.
- Timeline reconstruction: EDR data can help piece together a precise sequence of events, complementing visual evidence from surveillance footage.
When EDR Data Contradicts Other Evidence
Sometimes, black box data may contradict other forms of evidence. For instance:
- An eyewitness might claim a car was speeding, but the EDR shows it was traveling within the limit.
- A police report might assume a driver didn't brake, but the EDR reveals brake application before impact.
In such cases, the objective nature of EDR data often carries significant weight. However, it's crucial to consider all evidence holistically to understand the full context of the accident.
Legal Implications of Black Box Data in Car Accident Cases
The information stored in a vehicle's EDR can play a crucial role in legal proceedings following a car accident. Understanding the legal implications of this data is essential for anyone involved in a collision.
Admissibility of Black Box Data in Court:
In New York State, as in many other jurisdictions, EDR data is generally admissible as evidence in court. However, its admissibility may depend on factors such as:
- The proper preservation and extraction of the data
- Authentication of the data by qualified experts
- Compliance with chain of custody procedures
- Relevance to the case at hand
Judges typically view EDR data as objective and reliable evidence, which can make it a powerful tool in litigation.
Strengthening or Weakening a Personal Injury Claim
Black box data can significantly impact the outcome of a personal injury claim:
- Strengthening a claim: If the EDR data shows that the other driver was speeding, failed to brake, or made sudden maneuvers before the crash, it can strongly support your case.
- Weakening a claim: Conversely, if the data reveals that you did not wear a seatbelt or that you broke the speed limit, you could recover less compensation.
- Resolving disputes: When accounts of the accident differ, EDR data can provide objective evidence to clarify what actually occurred.
The Importance of Quick Evidence Preservation
Preserving EDR data promptly after an accident is crucial for several reasons:
- Data overwrite: Some EDRs may overwrite data after subsequent ignition cycles or new events.
- Vehicle disposal: If a vehicle is totaled, it may be scrapped before the data can be retrieved.
- Tampering/Corruption concerns: Delays in securing the data may raise questions about its integrity.
To ensure this valuable evidence is preserved, it's advisable to:
- Notify your insurance company and legal representation immediately about the existence of the EDR.
- Avoid driving the vehicle if possible, as this could overwrite the data.
- Consider sending a spoliation letter to the other party, instructing them to preserve their vehicle's EDR data.
The Role of Attorneys in Accessing and Utilizing EDR Data
When it comes to leveraging black box data in car accident cases, experienced personal injury attorneys play a crucial role. At William Mattar Law Offices, our team is well-versed in handling EDR information to support our clients' cases. Here's an example of some wayswe can assist:
Obtaining EDR Data:
- Legal knowledge: We understand the legal procedures for requesting and preserving EDR data, including issuing spoliation letters to prevent data destruction.
- Timely action: Our attorneys act quickly to secure EDR data before it can be overwritten or lost.
- Access to specialists: We work with qualified EDR technicians who can properly extract data without compromising its integrity.
Interpreting Black Box Data:
- Technical knowledge: Our team is trained to understand complex EDR reports and can translate technical jargon into clear, understandable terms.
- Context application: We can interpret EDR data within the broader context of the accident, considering factors like road conditions and vehicle specifications.
- Expert collaboration: When necessary, we consult with accident reconstruction experts to analyze EDR data and build a comprehensive understanding of the crash.
Building a Stronger Case:
- Evidence integration: We incorporate EDR data with other forms of evidence to create a cohesive and compelling narrative of the accident.
- Negotiation tool: Armed with objective EDR data, we can often negotiate more effectively with insurance companies for fair settlements.
- Courtroom presentation: If a case goes to trial, we know how to present EDR evidence in a clear, convincing manner to judges and juries.
Preventing Misuse or Misinterpretation:
- Challenging opposing interpretations: We're prepared to counter any attempts by the opposition to misinterpret EDR data in ways unfavorable to our clients.
- Ensuring proper context: Our attorneys presented EDR data in the proper context with other relevant evidence.
- Protecting client interests: We vigilantly guard against any potential privacy violations or improper access to our clients' EDR data.
At William Mattar Law Offices, we understand that EDR data can be a game-changer in car accident cases.
Our experience in handling this technical evidence allows us to:
- Identify when EDR data is crucial to a case
- Ensure its proper preservation and extraction
- Analyze it effectively to support our clients' claims
- Present it compellingly in negotiations or court proceedings
By leveraging our experience with EDR data, we strive to build the strongest possible case for each of our clients, maximizing their chances of receiving fair compensation for their injuries and losses. If you've been involved in a car accident, don't hesitate to contact us for skilled representation who knows how to make the most of all available evidence, including critical black box data.
Call William Mattar. We Focus on Car Accidents.
The personal injury attorneys at William Mattar, P.C. have helped crash victims throughout New York. There are strict legal deadlines for filing a car accident claim and preserving important evidence—like black box data—so talk to us as soon as possible. Call (716) 444-4444 or complete our online form for a free initial consultation. We’ll discuss your claim and work with you to get maximum compensation.