For years, black box data has been used in airplane accidents where crash data has been obtained from the airplane’s cockpit, to help reconstruct what happened. Technology has now advanced to the point where carmakers are inserting similar devices in vehicles that store data in the car’s software to be used in the event of an accident.
However, the use of this data is not so simple, and it has raised constitutional issues when it comes to how it is obtained and used.
We have asked attorney Alaina Sullivan about how lawyers use crash data. Here's what she had to say about using crash data in a case:
What Data is Collected?
The “black box” is also known as an event data recorder (EDR). This device was originally used by automakers so that they could collect data on the reliability of the car. Engineers use these types of devices all of the time while testing cars before they are approved for road-use, and the EDRs installed on new car models collects similar devices.
Most devices record just a few seconds of information when an accident happens or when an air bag is deployed. Another device is then utilized to extract the data from the car so that it can be analyzed.
Other information that can be obtained from the EDR includes:
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• How fast the car was driving at the time of impact;
• Whether the driver and passengers were wearing seatbelts; and
• Whether the driver applied brakes at or before the time of impact.
This last information is usually regarded as key information for building or starting a personal injury case. However, it is not so easily obtained, depending on your state’s laws.
State-by-State Basis
This area is still a pretty new one in terms of personal injury law. In fact, according to the National Conference of State Legislatures, only 14 of 50 states have legislation relating to EDR use. However, as of September 1, 2014, all new vehicles are required to have an EDR.
The laws vary, but most at minimum cover how the car manufacturer can alert owners that they have an EDR in their vehicle, how the person can access this data and other privacy issues. In Oregon, a car manufacturer does not have to disclose to the owner that the “black box” exists and getting permission to access the data cannot be used as a condition for payment or settlement of an insurance claim.
On the other end of the spectrum, the State of California requires that the fact that the EDR is in the car be noted in the car owner’s manual and in agreements with subscription services. The data can only be taken if the owner consents or if there is a court order.
In California, the data can also be accessed if the information is being extracted for purposes of vehicle safety research or to repair the car.
How Is the Data Accessed?
Data is accessed using a special retrieval tool, which can actually be quite costly. It is for this reason that normally only mechanics or crash investigators are able to access the data from the EDR. This tool can download from the car’s computer directly.
In terms of a personal injury case, the cost will likely need to be held by the party attempting to access the data unless the court determines otherwise.
Court Order
If your attorney wants to use crash data from the other car, it is highly unlikely he or she will be able to get it without a court order. Many privacy advocates argue that it is a violation of the driver’s privacy for this data to be taken, showing his or her behavior while driving, while others argue that this information is necessary for public safety.
It is for this reason that your attorney will need to petition to the court the reasons why this information is needed in your case. The other side will have a chance to fight the petition, of course, but once the court orders it released, the other side will need to allow retrieval of the data.
Contact an Attorney Today
If you have been in a car accident and have questions about the use of black box data from your or the other driver’s car, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions about your case.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
