Uncovering Black Box Data Before Insurance Companies Hide It in Serious Injury Crashes
Being involved in a severe crash can turn your daily life upside down. While you focus on medical treatment and recovery, preserving electronic information from the vehicles involved may understandably be far from your mind. However, evidence stored in a damaged vehicle can sometimes provide important information about how a collision occurred.
Many modern vehicles contain event data recorders (EDRs), commonly referred to as “black boxes.” Depending on the vehicle and circumstances, EDR information may help attorneys, investigators, and crash reconstruction professionals better understand the events surrounding a serious collision. Because a damaged vehicle may eventually be repaired, sold, salvaged, or otherwise disposed of, preserving potentially relevant evidence can be important.
At Friedrich Law Office, P.C., we help people injured in serious crashes understand their legal options and take appropriate steps to preserve relevant evidence. From our office in Butler, Missouri, we serve clients throughout Bates County and Cass County. Contact us today to discuss your case.
What Exactly Is Black Box Data?
When people hear the term “black box,” they often think of airplanes. However, many modern passenger vehicles contain an Event Data Recorder, or EDR. According to the National Highway Traffic Safety Administration, these devices record certain technical information about the vehicle and its occupants for a brief period before, during, and after a crash.
The specific information available depends on the vehicle and its EDR system. Depending on the system, recorded information may include pre-crash vehicle dynamics, certain driver inputs, restraint use or deployment, and information about the crash itself.
This information can be useful because it provides additional evidence when investigators reconstruct a collision. However, EDR data is not an infallible “digital eyewitness,” and it does not necessarily establish fault on its own. NHTSA notes that EDR data has limitations and should be considered together with other sources of evidence.
That can include police reports, photographs, physical evidence from the roadway and vehicles, witness statements, medical records, and other available information. In a serious auto accident claim, preserving multiple forms of evidence can provide a more complete picture of what happened.
Why Preserving EDR Evidence Matters
Evidence can become more difficult to obtain as time passes after a serious collision. A badly damaged vehicle may be moved to a storage facility, declared a total loss, transferred, repaired, sold, or salvaged. If potentially relevant information has not been preserved before the vehicle changes hands or its condition changes, obtaining that evidence later may become difficult or impossible.
EDR information may be relevant to several issues in a serious injury claim:
Evaluating vehicle movement: Depending on the system, EDR data may provide information on vehicle dynamics immediately before a crash.
Examining driver inputs: Some systems can record certain inputs, such as braking or accelerator use, that may help investigators understand what occurred before impact.
Evaluating restraint information: EDRs may contain information concerning restraint use or deployment, depending on the vehicle and system.
Supporting crash reconstruction: Qualified professionals may consider EDR information alongside physical evidence and other records when analyzing how a collision occurred.
Preserving this information does not automatically prove negligence or establish the value of an injury claim. Instead, it can provide another source of objective technical information that may help attorneys and experts evaluate disputed facts.
How an Experienced Lawyer Can Help Preserve Evidence
When potentially important evidence remains inside a damaged vehicle, determining who possesses or controls the vehicle is an important early step. An attorney can identify relevant evidence and take appropriate measures to request its preservation.
Depending on the circumstances, those steps may include:
Sending a preservation letter: An attorney may send written notice requesting that potentially relevant evidence, including the vehicle and electronic data, be preserved rather than altered or disposed of.
Working with qualified experts: Crash reconstruction professionals or other qualified technicians may have the equipment and expertise necessary to determine whether EDR information can be retrieved and interpreted.
Documenting the vehicle: Photographs, measurements, inspections, and other documentation may preserve information about vehicle damage and physical evidence.
Seeking court intervention when appropriate: If a dispute arises over access to or preservation of important evidence, an attorney can determine whether available legal procedures justify seeking assistance from a court.
The original draft called a spoliation letter a “legally binding document” that “strictly prohibits” destruction of the vehicle. That is too broad. A preservation demand can put a party on notice and may become important in a later spoliation dispute, but it is not itself the equivalent of a court order. Missouri recognizes potential consequences for established spoliation under appropriate circumstances.
What Can Happen to Digital Evidence After a Crash?
Vehicles involved in serious crashes do not necessarily remain in storage indefinitely. A vehicle may eventually be repaired, transferred, sold, salvaged, or otherwise disposed of. That is why potentially relevant vehicle evidence should be considered early rather than after a claim has already progressed for months.
It is also important not to assume that every EDR works the same way. The amount and type of information recorded can vary, and the availability of useful crash data depends on the vehicle, system, and collision circumstances. NHTSA describes EDRs as varying in design, scope, and complexity.
For that reason, the safest approach is to have the vehicle and any available evidence evaluated, rather than assuming that particular information exists or will remain available indefinitely.
Other evidence can also change or disappear over time. Surveillance footage may be overwritten, witnesses may become difficult to locate, and physical conditions at the crash scene can change. Prompt investigation can therefore matter for reasons extending beyond the vehicle’s EDR.
Protecting Evidence After Serious Auto Accidents
After a serious crash, your immediate priorities are likely medical treatment, your family, and dealing with the disruption caused by your injuries. You may not know what electronic or physical evidence exists or how long it will remain available.
You do not need to make those determinations alone. An attorney can investigate the collision, identify potentially relevant evidence, and determine what steps may be appropriate to preserve it. EDR information can be valuable in some cases, but it is only one part of a broader investigation into how a collision occurred and who may be legally responsible.
At Friedrich Law Office, P.C., we help injured people evaluate evidence and pursue compensation when another party may be responsible for their injuries. From our office in Butler, Missouri, we serve clients throughout Bates County and Cass County. Contact our Missouri auto accident lawyers today to schedule a consultation and discuss your serious auto accident claim.