Imagine you’re going home from work late at night and stop at a red light. You wait for the light to turn green before proceeding. As you enter the intersection, a car runs the red light at high speed, t-boning your car and leaving you with significant damage and injuries. What’s even worse, there was no one to witness the accident and now you’re worried it’ll be difficult to prove the accident was caused by the negligent driver.
Of course, things like a police report and a dashcam (if you have one) can help, but there’s another piece of evidence you can use in your personal injury claim against the negligent driver’s insurance company—your car’s telematic device, also known as an event data recorder (EDR) or a black box.
You may have heard of a black box in aviation, but did you know that most newer vehicles are also equipped with them? In the event of an accident, the black box records important data such as speed, braking and acceleration. This information can be invaluable in determining the cause of the accident and proving that the other driver was at fault.
However, accessing the data from the black box can be a challenge. Insurance companies may try to deny your claim or downplay the significance of the data recorded by the black box. That's why it's important to work with an experienced personal injury attorney who knows how to use this evidence to your advantage.
Telematics involves the transmission of data over long distances, typically using wireless communication technologies, such as GPS, cellular networks and satellite systems. In the context of cars, telematics refers to the use of technology to monitor and track vehicles, drivers and other relevant data.
Thanks to telematics, your vehicle’s EDR can collect a range of information, such as the vehicle's location, speed, acceleration, braking patterns and fuel consumption. This information can be analyzed to provide insights into driver behavior, vehicle performance and other factors that can affect safety and efficiency.
In some cases, telematics data may be used to provide a more complete picture of what happened during an accident. For example, the telematics data may show that the driver was speeding or engaged in other risky behaviors leading up to the accident.
Most newer cars have an event data recorder. The National Highway Traffic Safety Administration (NHTSA) has required automakers to install EDRs in all new cars since 2014, but if your car was assembled a year or two prior, it may also have one.
If you're not sure whether your car has an EDR, you can check your owner's manual or contact your vehicle's manufacturer for more information. Additionally, if you've been involved in an accident, the investigating authorities may be able to retrieve data from the EDR if it was activated during the crash.
The type of data recorded by an event data recorder (EDR) can vary depending on the make and model of the vehicle, but generally includes information related to the vehicle's operation and environment in the moments leading up to and during a crash. This can include:
Your car’s EDR data can be helpful when determining how an accident occurred and who’s at fault, but it’s not possible for just anyone to access it. In fact, EDR data can only be accessed by authorized parties such as law enforcement, insurance companies or attorneys in the event of an accident.
Yes, the EDR in your vehicle can potentially support your personal injury claim if you were involved in a car accident.
Referencing the scenario above, if you were hit by another driver who ran a red light, the EDR data from your vehicle could provide information on your vehicle's speed, braking and other important details leading up to the accident. If the city has a record of the time of light changes, it may be possible to cross check it with the time of the accident recorded by the EDR. This information can be used to show that you weren’t at fault for the accident and that the other driver was negligent.
However, it's important to note that EDR data alone may not be enough to prove fault or liability in a personal injury claim. It’s just one piece of evidence that may be used to support your claim. Other factors such as witness statements, police reports and medical records are also important in building a strong case.
At the Zdrilich Law Firm, our Duluth-based team of personal injury experts can help you retrieve data from your vehicle’s EDR and use it to your advantage.
If you were involved in a car accident and believe that the EDR data from your vehicle may support your personal injury claim, call our Duluth office today at (770) 931-9604 to discuss your case for free.
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