Most people know that black boxes are installed on airplanes, but fewer know that some automakers have long installed a similar device called an event data recorder (EDR) in their automobiles. EDRs record vehicle inputs and, in the event of a collision, can provide a snapshot of the final moments before impact. That snapshot can then be viewed and analyzed by law enforcement, insurance companies, automakers, and attorneys for those injured in the accident.
Although statistics vary, over 60% of 2005 car models had an EDR installed. Most crash investigations still rely on factors such as skid marks and deformation of the vehicles in the collision. As consumers replace older cars with newer models, more EDR data will become available.
An EDR cannot be turned off, and you’ll probably know little more about it than the fine print disclosure in the owner’s manual. If you have been in an automobile accident, your attorney should find out whether the vehicles were equipped with EDRs. This information is not readily available and is usually only known by the automobile manufacturers themselves. The National Highway Traffic Safety Administration (NHTSA) requires that automakers tell consumers if the devices are installed in their cars. That federal rule also outlines what information is recorded and stipulates that it be used to increase vehicle safety.
The regulations are far from comprehensive, however, as automotive EDRs are still a relatively new technology. For example, there is no uniformity in the type of data collected by EDRs. The data (spanning from a few seconds before a crash to up to a few seconds after) may include such information as seatbelt use, speed, air bag deployment, and brake and gas pedal positions. In faulty acceleration cases, for example, if the EDR data shows that a driver had his or her foot on the brake but the car still accelerated, this provides evidence that the car, not the driver, was to blame.
There is also controversy surrounding the inclusion of EDRs in cars and the use of EDR data after car accidents. Some argue that the data can be flat-out wrong if the car is defective, since EDRs rely on the same electronics that could have caused the problems in the first place. However, data from multiple points in the car is unlikely to all be wrong. Others are concerned about privacy and want to make sure that data collected by the EDRs remain secure, especially since after an accident, the data will be highly coveted by car manufacturers, safety regulators, law enforcement, insurers, personal injury attorneys, and the car owners themselves. Some states, like California, have passed legislation barring anyone without a court order from accessing the EDR data.
A NHTSA standard, due to start phasing in this fall and in place by 2012, does not mandate the installation of EDRs in cars, but it requires automakers that do install them to disclose it and requires them to collect certain data, including brake and throttle position.
Contact Evansville personal injury lawyer Lane Siesky for questions about your car collision case.
