Black Box Data and Car Accident Lawsuits
Posted on Apr 28, 2014 3:37pm PDT
Black boxes are typically associated with airplanes, but many new car models have their own version of a black box that is meant to act as an event data recorder. The black box is normally used so that car companies can determine what changes need to be made to a vehicle or whether the performance is satisfactory. The car companies can learn more about the performance of the vehicle by processing the data and make any necessary changes to improve the vehicle itself.
While this is the black box's primary purpose, law enforcement officers and insurance companies have also used the data from these boxes to help investigate crashes. The Event Data Recorder (a.k.a. black box) only records a few seconds of data right when a car accident occurs. The recorder may also kick in if an airbag deploys in the vehicle. The data can only be deciphered if it is pulled off of the recorder using a special machine and then analyzed using computer software. Oftentimes, digital forensic analysts are required to determine what went wrong.
Information that is contained in a black box will vary depending on the make and model of the car involved. Some black boxes may contain valuable information such as how fast the car was travelling at the time of a crash or whether the driver or passengers in the car were wearing seatbelts when the collision happened. Some black boxes may also be able to inform the individual as to whether the driver applied his or her brakes or not.
This information can be extremely useful in court, but the black box data isn't accessible to everyone. You may need a court owner or the owner's consent in order to utilize evidence from the Event Data Recorder in a car. You will want to talk with your lawyer about how the black box data plays into your case and whether or not that data is even admissible.
According to the National Conference of Legislatures, 14 states have their own specific laws relating to event data recorders. These cover how car manufacturers alert owners to the presence of a black box and how a person can use the data. In California, data recorders are noted in owner's manuals and in agreements with car subscription services. This means that the data can only be obtained if the owner consents or if there is a court order for the information. Sometimes, individuals are allowed to access the Event Data Recorder if the information is being used for vehicle safety research of for repairing the car.
The National Highway Traffic Safety Administration says that the black boxes in newer car models can provide critical safety information in crashes that would be otherwise unavailable for the government organization. Still, the Electronic Privacy Information Center says that there are some concerns about black box data. Without protections, the center is concerned that it could lead to all kinds of abuse/
That is why so many states are already making provisions for the use of data in these recorders. Some states, such as Oregon, don't require disclosure of the black ox but getting permission to access the data can't be on condition of payment or settlement of an insurance claim. You will want to talk with a lawyer near you if you want more information about black box data and car accident lawsuits. With the right attorney on your side, you will be capable of learning how the black box data fits into your case in using it accordingly. Use this directory to find a trusted, local car accident lawyer near you today!