Technology has made passenger vehicles increasingly safe, but accidents still happen. Newer vehicles now have an Event Data Recorder (EDR) or “black box,” which makes accident investigations much easier.
These devices work similarly to the black box on an airplane. They provide insurance investigators, police, and your Florida car accident lawyer with valuable information about what a vehicle did leading up to a crash.
If you’re pursuing compensation from the driver who hit you, the EDR data will play a valuable role in substantiating your claim. Let’s explore how.
Does my car have a black box?
If you drive a vehicle made after the turn of the century, your car, truck, or SUV likely has an EDR. Some American manufacturers (such as Buick, Cadillac, and Chevy) have installed EDRs in their vehicles since 1994. If your car was manufactured in 2014 or after, there’s a guarantee there’s a black box; installation of event data recorders was mandatory starting in September 2014.
The National Highway Traffic Safety Administration (NHTSA) has been using EDRs in vehicles to collect car accident data since the early 2000s. Much of the data in the NHTSA crash statistics comes from EDR analysis.
An EDR is usually located behind the steering wheel and dashboard, but it’s not designed to be easily accessed and you can’t turn it off. This prevents the information it contains from being tampered with.
What is recorded by my car’s EDR?
NHTSA uses black box data to help prevent future accidents, similar to how it uses data from airplanes. It helps determine whether the crash was caused by preventable human error, intention, or mechanical failure in the vehicle.
However, the NHTSA isn’t the only agency to use EDR data. Local law enforcement agencies and car accident attorneys use it as well.
Data recorded by the EDR includes:
- How fast the vehicle was going
- The position of the throttle (showing the amount of power going to the engine)
- Brake application and how much
- Seatbelt use of all passengers
- Airbag deployment
- Steering angles
Plus a range of other factors. Data is usually collected from about 20 seconds before the crash to 20 seconds after the crash events end.
Who can access EDR data?
Access to black box data is limited. The police may gain access as part of their accident investigation. An insurance company can as well, as part of its claims evaluation.
If you wanted to access the information yourself, you’d need access to a crash data retrieval system, which can cost thousands of dollars. This device plugs into the diagnostic port underneath the car’s dashboard.
The data is accessible to the vehicle manufacturer, the NHTSA, and any interested law enforcement department. Florida law states that crash data from the EDR is public information, not private, and not protected by the Driver Privacy Protection Act.
Information may be retrieved if you give consent or to an insurance company if it’s investigating a crash claim. It can also be retrieved if there is a court order – for example, our lawyers could subpoena the other driver’s EDR data to build your case.
The importance of black box data on car accident claims
The black box makes it easier to identify the cause of a car accident. Information about the vehicle’s actual movements often provides a more objective account than your own recollections, which could be clouded by the fear and loss of control you felt during the crash.
It also provides objective data from the other driver. If they caused the wreck, they may be dishonest about their actions right before the crash.
The data could help you pursue a fault-based suit for damages against the other driver. Its information can corroborate other evidence, such as physical evidence from the crash (skid marks, vehicle damage) and any video (dashcam or traffic cameras) collected from the scene.
How our Florida car accident attorneys use black box data in car accident cases
Black box data can be pivotal to proving fault in your claim for compensation. Since it’s admissible in Florida courts, it may be used at trial as long as the data is legally obtained and meets certain criteria.
It’s important to contact an experienced car accident lawyer after the crash. We act swiftly to preserve the other driver’s data by subpoenaing their records if it is overwritten. Then, we collaborate with experienced professionals who analyze the EDR data and interpret its findings.
If you’ve been in a car accident, the attorneys at Lytal, Reiter, Smith, Ivey & Fronrath can help you establish a claim against the driver who caused it, including utilizing black box data to bolster your claim. Contact us today at (561) 655-1990 for a free consultation.
