How Black Boxes in Cars Can Help Prove Liability for a Fort Worth Accident

Many people have heard of black boxes in airplanes, but you may be surprised to learn most newer passenger vehicles also have these devices.

Black boxes in cars record driver inputs and other vehicle performance data in the moments leading up to a crash and during the accident itself. Lawyers and insurance companies can use this information to determine why a crash happened and who may be at fault.

If you were injured in a car accident in Fort Worth, our Fort Worth auto accident lawyers are prepared to help you file a claim and gather the evidence you need to prove another driver’s negligence, including information from a black box, or event data recorder. We have obtained millions in compensation from crash victims in Texas, and there are no fees for our services unless we win.

What is a Black Box?

A black box, officially known as an Event Data Recorder (EDR), is a recording device that is built with durable material that is resistant to damage during a crash. EDRs record what happens with the vehicle in the seconds before, during and immediately after a collision. These devices are usually located under the front seats or console and connected to the airbag or powertrain systems.

Black boxes in cars provide accident investigators (law enforcement, insurance companies, injury lawyers) with objective data that can be used to determine the cause of the collision.

Does My Car Have a Black Box Inside?

If you are a driving a vehicle made in 2013 or later, it most likely has an event data recorder inside. Edmunds, a car research website, estimated that 96 percent of new cars from 2014 had EDRs inside. These devices come standard in most of the vehicles made by companies like:

• Honda
• Toyota
• Nissan
• GM
• Chrysler
• Ford
• And more

In fact, many vehicles made in this century contain a black box. In fact, most of the vehicles you are sharing the road with probably have black boxes, unless they are decades old. The National Highway Traffic Safety Administration estimated that 64 percent of 2005 vehicles contained some level of EDR capacity.

You cannot see your car’s black box, because it is behind the dashboard, but your carmaker’s website may tell you whether your vehicle is equipped with this technology.

Does the Federal Government Require Black Boxes in Newer Vehicles?

No, the federal government does not require newer vehicles to contain black boxes. However, the government does regulate the information these devices should record.

At one point, there was a push to require EDRs to be installed in newer vehicles. However, most manufacturers are already installing them, so lawmakers do not feel the need to aggressively pursue legislation on this front.

What Information Does a Vehicle EDR Record?

An EDR is typically connected to the airbag system. The purpose is to monitor and record any pre- and post-crash data when there is an airbag deployment. However, these devices also record information from a non-airbag deployment collision.

Federal law has specific requirements for vehicles that contain event data recorders. These requirements govern the collection, storage and ability to retrieve data. Federal law also requires vehicle manufacturers to make commercially available technology to allow crash investigators and researchers to obtain the data.

Federal regulations require EDRs to record certain types of information, such as:

• Speed
• Acceleration rates
• Seatbelt use
• Airbag warning
• Airbag deployment (frontal and side impact)
• Steering inputs
• Vehicle roll angle
• Antilock braking system activity
• Seat track position
• Occupant position

Black boxes may also record other information, like:

• Force of impact
• Duration of the crash
• Brake activation
• Number of impacts
• Tire pressure
• Steering angles

The data from an airbag deployment is stored indefinitely, whereas data for a non-deployment event is more temporary.

Black boxes typically record data from about 20 seconds before the collision to 20 seconds afterward.

How Can the Data in a Black Box Help Prove Fault?

Information from an EDR can help your lawyer prove what happened in the crash and how negligence may have been involved. For example, the other driver may have been speeding and the black box inside the vehicle can provide objective proof.

Black boxes could also tell you the force and angle of impact. This information could be used to support other evidence about the type of collision and the reasons why the accident occurred.

Information from your vehicle’s black box could be used to prove you were operating your vehicle safely. For example, the black box may show that you hit the brakes seconds before the collision. This information could be used to dispute the insurer’s claim that you were distracted.

Data from a vehicle’s black box is typically extracted by specialized technicians using diagnostic tools. These professionals can retrieve the information and interpret it to understand the vehicle’s performance leading up to and during the accident. This process often involves accident reconstruction experts who can translate raw data into evidence that clearly supports your case.

When Do They Use Black Boxes in Car Accident Cases?

Lawyers and insurance companies do not always need black box data to prove what happened in a Fort Worth car crash. Sometimes pictures from the scene, medical records, and statements from the victim and witnesses are enough.

However, the more complex the case, and the more severe the injuries, the more likely it is that one or both sides will want black box data. Lawyers and insurance companies are also more likely to use EDRs in cases where the victim is seeking significant compensation for long-term or permanent injuries. Insurance companies often fight to deny or devalue these claims, so your lawyer needs detailed evidence to build a strong case.

Black box data is especially useful if fault for the crash is not immediately clear or if another driver contests it. Information from a black box could also help you prove something the insurance company is trying to dispute, such as the fact you were wearing a seat belt at the time of the collision.

There are many other scenarios when the recorded information from a black box could be useful to establish fault. An experienced lawyer can determine if and when he or she may need this information, how to obtain it, and how to present the information to benefit your case.

Who Can Access Black Box Data?

This is a complex question. First, you need a crash data retrieval system to download information from the black box. This technology costs thousands of dollars. You also need to know how to obtain the data, which requires specific technical knowledge.

Then there is the question of who has the legal right to access this data. However, the answer to this question is murky. Some states have laws on this issue and many others do not. Generally, vehicle manufacturers, law enforcement and the National Traffic Safety Administration (NHTSA) can gain access to this information. States generally require a court order to obtain EDR data.

Can I Access the Black Box Data in the At-Fault Driver’s Car?

Your lawyer may be able to take steps to formally obtain this information, as the driver and his or her insurance company are unlikely to hand it over voluntarily. For example, your lawyer could request this information during discovery, and the other side would be required to produce it, as this information is highly relevant to the case.

Your lawyer can also formally request that the insurance company preserve black box data, making sure the information is not deleted or altered before you can use it as evidence in your case.

If your lawyer sues and requests EDR data from the opposing party, they could face severe consequences if the data was intentionally or unintentionally destroyed.

Are There Some Black Boxes That Cannot Be Downloaded?

For the most part, black box data can be downloaded. The question is, how to do it.

Federal law sets specific rules about black boxes being compatible with certain data retrieval tools. The law says manufacturers must set up licensing agreements to ensure the commercial availability of tools for accessing and retrieving EDR information.

Many vehicle manufacturers have licensing agreements with the Bosch Crash Data Retrieval tool. Some manufacturers install black boxes that are only compatible with other data retrieval tools.

This issue becomes even more complicated if you are driving a vehicle that was made outside of North America. Generally, you would need to ship the black box to the manufacturer.

Can My Own Black Box Data Be Used Against Me?

Yes, the at-fault driver’s insurance company could try to use data from your vehicle’s black box against you. They will use any information they can find to try to devalue or even deny your claim.

You may want to keep this information secret, but if the insurance company gets a court order, there is nothing you can do. Your black box data is relevant to the case, so the insurance company likely has the right to access it.

After reviewing the EDR download, the insurance company may say the data indicates you were on your phone. For example, the black box may say your cell phone was connected to the Bluetooth system in the vehicle. That does not necessarily mean you were making a call or sending or reading a text message, or otherwise physically touching your phone while your car was in motion.

The insurance company may also question why you did not hit the brakes sooner or try to steer away from danger.

You need an experienced attorney to provide other evidence to dispute these types of claims. For example, data from the at-fault driver’s black box could make it hard to dispute this driver’s negligence. Your lawyer could also use your cell phone records to show you were not making a call or texting at the time of the crash.

However, there are other arguments from the insurance company that may have merit, and your own black box data could be used to support these arguments. For instance, if you were not wearing a seatbelt at the time of the crash. In this situation, your compensation could be reduced for failure to mitigate damages. However, under Texas’ comparative negligence laws, you may still be able to recover some compensation.

What if the Data was Misinterpreted?

Black box data can sometimes be misinterpreted. For example, data showing high acceleration could be misconstrued without considering the context, such as road conditions or sudden braking. A thorough understanding of the data by a qualified expert is crucial to avoid potential misinterpretations that could affect the outcome of your case.

Call Anderson & Cummings For Help After a Crash

Our lawyers are ready to help you build a strong case for compensation by gathering the evidence you need, including data from a black box in your car or the at-fault driver’s car.

We offer a free consultation to discuss the facts of your claim and what your legal options may be. There are no fees while we work on your case, and you do not pay us until we successfully recover compensation on your behalf.

Call (817) 920-9000 to get started.