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Can the Black Box in a Car be Used to Prove Fault for a Crash?

black box car accident

Many people are familiar with the black box on planes that records information from flight computers and cockpit audio. In the unfortunate event of a crash, the data from these black boxes is used to aid investigators in determining what caused the accident. What many people fail to realize, however, is that many newer cars have a black box in the car that can be used to provide evidence as to what caused a crash. 

In this blog, we discuss why this black box is important in proving liability in a Kentucky car accident case, as well as some common questions surrounding what the device actually does.

What Is the Black Box?

Officially named an EDR (event data recorder), these devices are installed into newer car models and can record information about a vehicle before, during, or immediately after a car accident. They are usually part of a car’s airbag or powertrain control systems. By 2016, around 96% of new cars had EDRs included in them. 

Since so many car manufacturers began voluntarily adding these devices to their vehicles, the NHTSA stated they will not make EDRs a requirement for cars and trucks after 2019.

What Do EDRs Record?

Black boxes were originally made to monitor the metrics used to signal airbag deployment, which is why they are connected to the airbag system. EDRs collect two types of data: 

  • Non-deployment event – No airbags were deployed but both pre- and post-crash data are recorded.
  • Deployment event – Airbags were deployed and data was collected before and during the accident. Depending on the extent of the damage to the vehicle, some post-crash data may also be collected.

These units may record anywhere between 15 or more variables 20 seconds before the crash and 5-10 seconds after impact.

The information recorded may include things like:

  • Speed
  • Acceleration
  • Engine RPM
  • Steering
  • Crash force
  • Crash duration
  • Brake activation
  • Seatbelt use
  • Position of front seats 
  • Number of impacts
  • Airbag deployment
  • Throttle position
  • Steering angles
  • Tilt of vehicle

Proving Liability With an EDR

Courts have admitted to using black boxes as evidence in civil court proceedings. The data recorded on these devices has helped injury victims receive compensation from insurance companies. However, it can be exceedingly difficult to access the data recorded on an EDR which is why it’s so important to speak with an experienced car accident attorney as soon as possible after an accident.

While federal law dictates that only the owner of the vehicle has the right to access the data on their vehicle’s EDR, keep in mind it also allows the owner to give permission for other entities to collect this data. It is not uncommon for insurance companies to request written consent to access your vehicle’s black box after an accident so that they may access the data before you do, allowing them to find any reason they can to deny your claim.

Contact a Kentucky Personal Injury Lawyer Today

Insurance companies will fight hard to keep from paying you the compensation you deserve after sustaining an injury in a car accident. At McCoy & Sparks, our Kentucky personal injury attorneys have extensive experience with car accident cases. Our experienced legal team understands Kentucky law and car accident injuries and has a track record of success maximizing the recovery of damages for our clients. Our job is to fight for you. We’re here to help you get the compensation you deserve. 

Contact McCoy & Sparks Attorneys at Law, your Central Kentucky personal injury lawyers, at 1-844-4KY-WINS or fill out our online form to set up a free consultation. Our offices are located at 212 W. Stephen Foster Ave. in Bardstown, Kentucky.