Personal Injury Lawyer

Opening Pandora's Automobile Black Box?

Starting in the late 1990s, auto makers began equipping most of their vehicles with electronic data recorders, sometimes known as a Crash Data Retrieval System or Event Data Recorder (EDR). Most refer to these devices as a vehicle's "Black Box." Similar to black boxes used to record data on airplanes, pipelines, ships and trains, the EDR is activated by the deployment of the vehicle's airbag. Originally designed to improve air bag performance based on the severity of the collision, the EDR can tell accident investigators what was going on with a vehicle 5 seconds before impact, including:

• Vehicle speed.
• Engine RPMs.
• Whether the brakes were applied.
• Gas pedal position.
• What warning lights were on.
• Time from impact to air bag deployment.

When a collision occurs, the information is stored in the EDR's memory for 250 engine cycles (a new cycle is each time a vehicle is turned on), which for most cars is about 60 days - unless a newer collision erases it.

These devices are currently not being used for the original intended purpose, which was for diagnosing vehicle related problems by mechanics. Instead, they are now being used to download non-regulated data to assist police, prosecutors and accident investigators - including those hired by auto insurance companies. Some prosecutors and defense lawyers say that the data from the black box provide an unbiased account of accidents. Any who are suspicious of Big Brother will be even more concerned by EDRs.

With any new technology, there are risks of misuse and error. The EDRs measure wheel speed and not ground speed; though ground speed is the actual speed in which the vehicle in question is traveling. This is an important factor, and based on road conditions and vehicle positions in relationship to the roadway. Additionally, there are no industry and/or government standards concerning the accuracy and/or reliability of EDRs. These important elements can make a big difference in the outcome of any case.

It will be interesting to see how the use of EDRs will evolve and whether the government will step in and regulate them. The automobile black box should never be used as the sole determining factor. The use of physical evidence, such as eye witness accounts, impact data, skid and yaw marks, initial and resting positions of the vehicle(s), plus the black box - and common sense - will always be essential to obtain the correct result.