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Most people are familiar with the “black box” in airplanes that provides valuable evidence if there is a crash. However, not everyone knows that most vehicles manufactured after 2014 contain a black box with similar features. The data on a vehicle’s black box could provide crucial evidence in a car accident claim.
It is particularly critical to preserve the vehicles “black box” recorded data especially for crashes involving truck accidents. Quite often the raw data is used by a certified accident reconstruction expert to piece together the events leading up to a fatal truck accident. For this reason, vehicles must be preserved before they are taken and destroyed. Delay in contacting a lawyer by weeks or months, or delay in signing a retainer agreement can cause the vehicle to get lost in the system.
If you were injured in a car accident caused by someone else, the information in a car black box could help determine whether negligence was a factor in a car accident. An experienced car accident attorney can obtain permission to access a black box and use its information to seek money to cover your medical bills, lost wages, and pain and suffering.
Since 1981, Davis, Saperstein & Salomon, P.C. has recovered hundreds of millions for combined settlements and verdicts for car accident victims in New York and New Jersey. We know how to gather and preserve the evidence you need to prove that someone else was responsible for your car accident, including black box data. To learn more about how we can help you after a crash, contact our car accident lawyers today to schedule a free consultation.
After a fatal accident the State Police usually download and analyses the data from all vehicles involved in the collision. If the bullet vehicle drove away from the accident scene it may be necessary to seek a court order to preserve the vehicles. This is done by serving upon the potential defendants a Spoliation Notice not to destroy the black box data recorder. For this reason, it is important not to delay the selection of a qualified and experienced injury lawyer and formally retaining them as your attorneys. Once they are retained, they can take the necessary action regarding your case.
What Is a Black Box?
Black boxes, also known as event data recorders (EDRs), are devices installed in vehicles to capture and store data related to the vehicle’s performance and operation during a crash or other significant events. These devices are like the flight data recorders in aircraft, except that car black boxes do not continuously record and store data.
Information from car black boxes can help law enforcement, insurance companies, and lawyers determine the cause of an accident. It provides valuable data from the seconds before, during, and after a crash. The National Highway Traffic Safety Administration (NHTSA) also uses black box logs to evaluate the effectiveness of safety systems and develop better strategies to prevent accidents and injuries.
Does My Car Have a Black Box?
Your car probably has a black box if it was made in or after 2014. Check the owner’s manual or contact the manufacturer. Some companies that manufacture EDRs, like Bosch, have a list of vehicle makes and models that you can search.
The black box module is typically located in the car’s center within the console and is often built into the airbag system. This location is to help ensure that the black box is activated and recording if there is a crash.
What Information Does a Black Box Capture?
The information obtained from a vehicle black box depends on the device’s data collection and storage capabilities. It does not record conversations within the car, but it does track cell phone usage for incoming and outgoing calls and texts.
Starting in 2010, the NHTSA requires manufacturers to add black boxes to their vehicles with the capacity of collecting at least 15 data points in the 20 seconds before a crash, the accident itself, and at least 20 seconds post-crash. This information includes:
- Changes in speed (acceleration or deceleration)
- Brakes (whether they were applied)
- Steering operations made in the five seconds before the crash
- Seatbelt use
- Airbag deployment
Some cars also have continuous video dash cam recording as a standard feature.
How Can My Black Box Logs Help After an Auto Accident?
A car’s black box provides valuable information after an auto accident. Even if there were no witnesses or traffic camera video, a black box can fill in the blanks and answer questions about liability. Commercial vehicles have similar embedded devices, which are helpful if you are injured in a truck accident.
Black box logs can help in the following ways after an auto accident:
Accident Reconstruction
Accident investigators can recreate the sequence of events leading up to the accident and determine factors such as the speed of the vehicles involved, the timing of braking or acceleration, and whether any safety measures were deployed.
Fault Determination
Black box logs can help identify sudden changes in speed, abrupt braking, or aggressive maneuvers that might suggest negligent or reckless driving. This information can be helpful in settling insurance claims or determining liability in a car accident lawsuit.
Driver Behavior
The data from black box logs might indicate whether the driver was distracted, fatigued, or engaged in unsafe driving practices, such as excessive speeding, texting, using a cell phone, or sudden lane changes.
Vehicle System Analysis
Sometimes, the failure of a car’s safety system causes or contributes to a crash. Black boxes capture data related to the activation of airbags, the functioning of stability control systems, and other safety features. This information can help determine whether the vehicle was operating as intended and whether any malfunctions or defects contributed to the accident or injuries.
Who Can Access My Black Box Information?
Although black box logs can provide valuable information about a crash, they raise privacy concerns. The state of New Jersey has a specific law designed to limit access to black box data to the vehicle’s owner and others under specific circumstances:
- Auto dealers
- Mechanics
- Law enforcement agencies, after obtaining a warrant
- Attorneys, pursuant to discovery rules or court order
What Is the Filing Deadline for My Auto Accident Lawsuit in New York?
A car accident lawyer can protect your rights and help you seek money from the at-fault party. In New York, the statute of limitations for filing a personal injury lawsuit generally allows three years from the date of the injury to file suit. In New Jersey, the deadline is generally two years from the date of the injury.
However, it takes time to build a strong case and to acquire evidence, including information from a vehicle’s black box. If you’re hurt and want to know your legal options after a car crash that was someone else’s fault, contact an experienced car accident attorney today.
Contact Davis, Saperstein & Salomon, P.C. for a Free Consultation
The information in a car’s black box could help prove fault against the liable party who caused the accident and your injuries. The attorneys with Davis, Saperstein & Salomon, P.C. have recovered over $1 billion in combined verdicts and settlements for more than 35,000 clients in New York and New Jersey. It costs nothing for you to talk to us about your case. We have many convenient locations in New Jersey and New York City, and we can also meet you over FaceTime, Zoom, or Skype.
Contact Davis, Saperstein & Salomon, P.C. today for a free consultation.
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Since 1981, the compassionate personal injury lawyers at Davis, Saperstein & Salomon have been delivering results for our deserving clients. We are solely committed to helping injured individuals, never representing corporations. No matter how large or small your personal injury case is, you can trust that it is important to us.
