Data Collection Devices Could Soon Be Required in Vehicles
"Black boxes" are now being installed by many auto manufacturers, and regulators are suggesting that these data collection devices should be mandatory. Learn more about how you may be affected.
August 25, 2011
Most of us are familiar with the so-called "black boxes" used in airplanes that often capture information pointing to the cause of a crash. However, not everyone is aware that similar technology is available for automobiles. In fact, if you have purchased a new car within the last few years, it is likely an event data recorder ("EDR") is already keeping track of your driving habits. Now, a new rule proposed by the National Highway Traffic Safety Administration ("NHTSA") could mandate that all vehicles contain EDRs.Benefits of Event Data Recorders
The NHTSA has issued a notice of proposed rulemaking that, if approved, would make EDRs mandatory. Drivers are unable to switch the devices off, and engine problems or sudden changes in wheel speed automatically cause EDRs to preserve vehicle data.
The information contained in an EDR can be invaluable in reconstructing a Massachusetts motor vehicle accident. Information collected typically includes status of seatbelt use, seriousness of any resulting crash, vehicle diagnostic data, level of brake usage, steering input, and even whether lane departure warning mechanisms were in effect for newer vehicles.
Bad Data Could Taint Lawsuits
Currently, there is no federal standard governing access to data contained in EDRs, and 37 states similarly lack any guidelines. In states that do not restrict access to cars' EDR information, anyone with the proper tools and tech savvy may obtain EDR data.
If owners are even aware their vehicles are equipped with EDRs, most of them are unsure about what data is collected or how to access it. Insurance investigators, car companies, and law enforcement officials, on the other hand, can often readily download EDR information moments after encountering a vehicle. This could pose problems for individuals seeking to recover compensation after a car accident.
EDRs often do not survive car crashes intact, devices can malfunction, and data can be lost or corrupted. But, more sinister sources of EDR data modification have been suggested. Since there are no universal standards that ensure EDR data is sealed, automakers or insurance investigators can tamper with EDRs to support their cases in personal injury actions. Consumer advocacy groups believe such data alteration has already been occurring, and could continue if left unchecked.
If you have been involved in a car accident, retain a car crash attorney familiar with EDR technology to ensure your case is not torpedoed by questionable data.
Article provided by Eden Rafferty Tetreau & Erlich
Visit us at www.edenrafferty.com