You're driving home from work on I-45 — of course, being safe and mindful of others around you — when all of a sudden you feel a sharp jolt from behind. You have been rear-ended by another driver at high speed, after being distracted by their phone. Your car is badly damaged and you're injured and shaken up.
In the chaos that follows a serious car accident, it's easy to feel overwhelmed and unsure of what to do next. But there may be a powerful piece of evidence right under your feet that can help prove what really happened — your vehicle's black box. An experienced Houston car accident attorney like those working diligently with SJ Injury Attorneys can help you access this valuable car black box evidence to strengthen your claim.
What Is a Vehicle Black Box?
Most people have heard of the "black boxes" that record data on airplanes. But did you know that almost all newer cars also have a similar device?
In vehicles, the black box is called an Event Data Recorder (EDR). It's not actually black, but rather a small device built into the airbag control module. Car manufacturers began widely installing EDRs in vehicles in the 2000s, so if your car is a 2004 model or newer, it likely has one.
EDRs continuously record various data points about the vehicle's operations, overwriting the information as it goes. But when a crash occurs, the EDR automatically saves up to 5 seconds of data from immediately before, during, and after the crash. This car black box evidence can provide invaluable clues about what happened.
What Data Does an EDR Record?
The exact data points recorded can vary by vehicle make and model, but EDRs commonly log information such as:
- Vehicle speed and acceleration/deceleration
- Engine RPM
- Throttle position
- Brake application and antilock brake activation
- Steering wheel angle
- Seatbelt usage
- Airbag deployment
- Force of impact and direction of impact
Newer EDRs may capture even more granular data about the vehicle's performance and safety systems. This objective EDR data can often paint a detailed picture of the moments leading up to and during a crash.
How Is Black Box Data Used in Accident Claims?
Following a serious crash, the information stored on a vehicle's EDR can serve as powerful evidence to help determine fault and liability. An attorney may use car black box evidence to:
- Prove the other driver was speeding. EDR data showing the other vehicle's high speed can help establish their negligence.
- Demonstrate you tried to avoid the crash. Proof of last-second braking or steering maneuvers can show you attempted to evade the collision.
- Confirm seatbelt usage. Many insurers try to argue an injury was worsened by failure to wear a seatbelt. EDR data can confirm a seatbelt was worn.
- Corroborate witness statements. EDR data can back up witness accounts of how the accident occurred and which driver was at fault.
- Counter false accusations. If the other driver tries to blame you for the crash, your EDR data may tell a different story.
In hit-and-run accidents where the other driver flees the scene, black box evidence from your own vehicle can even help accident reconstruction experts determine critical details about the phantom vehicle and how the crash occurred. When combined with other physical evidence and accident scene analysis, EDR data helps create an indisputable account of the moments before a collision.
How Do You Access Black Box Evidence After an Accident?
While EDRs record valuable data, retrieving and interpreting that information requires special skills and equipment. The black box is part of your vehicle's computer system with data stored in complex hexadecimal codes.
An experienced car accident attorney can work with specialists who have the hardware and software needed to download the data and generate a report in an easy-to-understand format. Your lawyer can then evaluate how this car black box evidence fits into your overall claim and use it strategically in negotiations with the insurance company or litigation.
It's important to act quickly to preserve EDR evidence. Unlike the black boxes on airplanes, the EDRs in cars have limited memory storage. This means the valuable crash data can be overwritten if the vehicle is driven again after an accident. An attorney can take immediate steps to secure the EDR data before it is lost forever.
Texas also has specific rules about who can access the information on a vehicle's EDR. Under Texas Transportation Code Chapter 547, only the vehicle owner, law enforcement, the NTSB, emergency medical personnel, or a franchised dealer can retrieve EDR data. If another driver caused your crash, your lawyer can demand access to their EDR data during the discovery process of your claim.
A Houston Car Accident Attorney Can Help Preserve Black Box Evidence
After a serious car accident, the information stored in your vehicle's EDR can provide a figurative "ace in the hole" to support your claim for damages. However, the clock starts ticking on preserving that data as soon as the crash occurs.
If you've been injured in an accident caused by someone else, it's crucial to speak with a knowledgeable Houston car accident lawyer right away. In addition to helping you access and leverage any available car black box evidence in your case, an attorney can handle the many other details of your claim so you can focus on your health and recovery.
With diligent investigation and skilled application of all available evidence, including EDR data when possible, you stand the best chance of securing full and fair compensation for your medical bills, lost income, pain and suffering, and other damages after a crash.