If the idea of a black box or computer data proving the details of an accident makes you think of an airplane, itโs time to think smaller (or closer to the ground). Modern vehicles have the technology to supply various information about the moments before an accident. Understanding how on-board computer data can help your Texas car accident case could make a significant difference in the outcome.
Your car probably does have a black box. If youโve been in an accident, the data captured by your vehicleโs black box or that of the at-fault party may help your case.
Event Data Recorder: Your Carโs Black Box
An event data recorder (EDR) or electronic control module (ECM), also called a โBlack Boxโ is a device installed in automobiles to record technical vehicle and driver information that occurs in the moments before, during, and after a crash.
While youโve likely never seen your vehicleโs EDR, itโs in most vehicles manufactured after the early 2000s. Your vehicleโs blackย box is often located under the carโs passenger seat, driverโs seat, or center console. You can likely find the information about your carโs EDR in your ownerโs manual.
Recorded Data That May Help Your Case
Initially designed as a safety device, EDR systems can record various types of information about what happened to your vehicle surrounding the time of an event (any incident that includes impact). Vehicle manufacturers designed EDRs to use this information to determine how well the vehicleโs safety system performed during an event. Today, the data is sometimes used in a legal case surrounding a traffic accident.
Your carโs EDR system likely records the following information if youโre involved in a crash.
- Vehicle speed
- If brakes were applied
- Seat belt use
- Acceleration and deceleration speeds
- The tilt of the vehicle
- Steering angles
- Force of impact
- Airbag deployment times
Since the vehicle manufacturer installs EDR devices, some systems have additional capabilities, including determining whether passengers were in the car and the tires were properly inflated.
Some models even use GPS to track your location and pull video or audio from inside the vehicle. While your EDR records a wealth of valuable information, itโs important to remember that the recording only contains information beginning about 20 seconds before the crash. On-board data from a car accident can be a game-changer for an auto accident attorney in Houston, TX.
Obtaining computer data from the at-fault vehicle can establish facts and eliminate defenses or excuses for the accident. Without the computer data, experts hired by the defense or witnesses can estimate the speed. With proof of speed and evasive maneuvers, such as braking or the absence of braking, these facts can prevent defense lawyers or their retained experts from obscuring liability.
Often, the other driverโs statement to the police at the scene can be proven faulty by black box data.
Getting a car accident lawyer in Houstonย to help before the vehicles are destroyed or repaired is imperative.
Preserving Important Evidence
After an accident, you understandably need to find transportation quickly. This means repairing or replacing your car. All too often, before the legal aspects of the accident are resolved, defendants repair or total the vehicle. This can lead to the loss of vital information.
Your EDR regularly erases data in time to allow new recordings to occur. Some devices begin erasing recorded information after 30 days to create space for more data. This means the data from your accident wonโt last forever. Specific actions could cause your data to be erased before you even go to court.
For instance, your data may be reset when your vehicle is getting repaired. Additionally, if the vehicle in question is a company vehicle, EDR data belongs to the company. You may need a court order to get it, and the company may destroy the data before you can preserve it.
If youโve been involved in an accident, you should contact a car accident lawyerย as soon as possible to preserve your carโs black box data.
How to Access the Computer Data
Accessing the data in your vehicle is subject to a specific process and Texas state laws. For the vehicle ownerโs privacy, there areย four reasonsย a third party can legally obtain the data from your vehicleโs black box.
- With the ownerโs consent
- The use of a court order
- To diagnose, service, or repair the vehicle
- Vehicle safety research
Understandably, youโd be interested in what your carโs black box must share in the aftermath of a vehicle accident, but trying to obtain this information yourself is a bad idea. Getting the black box data is standard in truck accident investigations.
Proper access to your carโs EDR information requires particular hardware, software, and a cable that safely connects to the vehicleโs onboard diagnostics port. Professional training is also necessary to interpret the carโs data.
Your personal injury lawyer can hire an expert to gather the data you need to help successfully prove your case. In Texas, there is a defense to the spoliation of evidence if the defendant destroys the black box. But the remedies are weak and ineffectual.
Read more: How Technology Is Transforming Trucking and Reducing Accidents
Finding the Best Texas Car Accident Attorney for Your Case
The black box data from your vehicle can provide valuable information about your auto accident. Objective evidence from the EDR can be more reliable than eyewitness accounts and traditional reconstruction techniques. The proper methods for obtaining and interpreting data are vital for a reliable outcome.
An experienced auto accident attorney can help you get the professional assistance you need to ensure your black box data is preserved and properly obtained.
If youโve been injured in a car accident, finding the right personal injury attorney quickly is essential in gathering vital information to help prove details in your case. Memories fade, evidence disappears, and your black box data could be erased.
Retaining a lawyer promptly allows you to have an investigative team on your case immediately. Legal orders can be obtained to prevent your black box data from being erased, and additional evidence can also be gathered.
Personal injury cases are designed to compensate you for the cost of injuries, medical bills, and pain and suffering resulting from your accident. No one deserves to suffer due to another driverโs carelessness.
Retaining a qualified personal injury attorney with a record of success is the best way to ensure youโll get the compensation you deserve. Best of all, the cost of getting the best car accident lawyer is no money up front, and is the same as most other lawyers.
Call Our Skilled Accident Attorneys at Baumgartner Law Firm
The Houston auto accident attorneysย at Baumgartner Law Firm have a successful history in maximizing compensation for families who have suffered severe injuries and finding justice for losing a loved one.
We offer free, no-obligation consultations for personal injury and wrongful death accidents in Houston, Texas. We only take cases on a contingency fee basis, which means we donโt get paid unless you do.
Contact us today for more information or schedule a consultation to take the first step toward receiving the compensation you deserve.
Call 281-587-1111 or fill out the online case consultation request.
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Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
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