Car accident cases require evidence to prove what happened. In South Carolina, an injured victim can only request compensation if someone else is liable for their crash. That means proving that someone else caused your accident, using solid evidence.
A car’s black box continuously records certain information about the vehicle. The technical name is an Event Data Recorder (EDR). Most cars will have an EDR installed, which can play a critical role in a personal injury case. What does a car’s black box record? In short, critical information about the vehicle right before an accident. Call Swilley Law Firm, LLC to discuss any accident. Our Florence car accident lawyer can discuss the steps we take to obtain compensation.
What Does a Black Box Record in a Car?
A car’s black box will record information it has been programmed to record, which might vary by car make and model. However, most EDRs record the following:
- Vehicle speed
- Steering input
- Throttle position (i.e., how hard someone was pressing on the gas pedal)
- Whether the brakes were used
- Acceleration or deceleration
- Seat belt use (was the motorist buckled in or not)
- Airbag deployment
- Change in velocity during a crash
What Does the EDR Not Record?
The black box does not record:
- Conversations between occupants in the car
- Video of the scene in front of or behind the car
- Duration of the trip
- Speed more than 5 or 10 seconds before the accident
- Events happening long after the car accident
For example, an EDR is not a dashcam. It cannot record the events happening right in front of the vehicle. Instead, we recommend motorists purchase a dashcam so that they have video evidence, which might make all the difference in a T-bone or rear-end collision.
How We Use Black Box Data
These event data recorders contain a treasure trove of information we can use in a car accident claim. Our goal is to prove that the other driver is at fault for the crash and your injuries. We might also need to disprove any claim that our client was negligent.
For example, we can use the data to show that our client was braking or steering to avoid a crash, but the accident happened anyway. This could prove that our client was not negligent or distracted because they took defensive action.
We might use speed data to show that our client was not speeding in the moments leading up to the crash. This evidence can strengthen your claim and increase the amount of compensation you receive in a claim.
We also seek to get a hold of the other driver’s black box data. That data might show the other driver was going 20 miles over the speed limit, which is strong proof of negligence. Please contact Swilley Law Firm, LLC, as soon as you can.
Examples Where Black Box Data is Helpful
We can often use this information to reconstruct various collisions:
- Accidents involving running a red light. The EDR might show the at-fault driver was accelerating and speeding in the seconds before they entered the intersection and collided with a motorist who had a green light.
- Rear-end collisions. We might use EDR data to show a motorist in front of you brake checked, meaning they stopped for no reason in the road, causing you to crash into them. As a result, the motorist who brake checked is liable for the accident.
- T-bone accidents. We can rely on EDR data to show the motorist made a hard left-hand turn right before crashing into the side of your car.
- Drunk driving accidents. EDR data won’t show whether a driver was drunk. But it might show the motorist did not buckle up, was speeding, and made aggressive steering maneuvers, all of which can support an inference that the driver was impaired.
These are only some of the accidents where EDR data will supplement other evidence, such as witness testimony or dash camera footage.
Cases rarely stand or fall based on EDR data alone. Instead, it works in concert with other evidence, such as your own testimony. An insurance claims adjuster might be skeptical of your claim that you weren’t speeding. But EDR data can back up your story. A claims adjuster might find EDR data more believable than your own version of events.
Obtaining the Other Motorist’s Black Box Data
We must move quickly to get the data. For one thing, you don’t have an automatic right to access it. True, the driver might consent and turn the information over. But you cannot break into the vehicle or demand that they turn it over. They are not punished for refusing.
We might need a court order to seek access to another driver’s black box data. An experienced lawyer can also notify the driver to preserve this data and not erase it. This step is necessary. If they go ahead and “lose” the data, a court might penalize them.
Contact Swilley Law Firm quickly. There is no time to lose. We can work with mechanics to understand the data and how it fleshes out certain aspects of your accident. Also, remember not to get your car fixed immediately. We don’t want a mechanic to accidentally erase the data on your vehicle.
Is the Black Box Data Ever Wrong?
Possibly. Sometimes there are problems with the device, so certain readings might not be accurate. Sensors that feed data to the EDR might also be faulty. We always compare what the data tells us to what witnesses have reported happening at the scene.
Speak with a Florence Car Accident Attorney
The strongest accident claims have the most up-to-date and compelling evidence. Contact Swilley Law Firm to review what happened. We can begin the steps of securing access to different black box data, as well as search for other evidence, like a security camera that recorded the crash. Our consultations are free to those injured in the 29501 zip code, so reach out to our office by phone or online.
