When most people hear the term “black box,” they think about airplanes. But many newer cars have one too. These devices, called event data recorders, save important information about what happens right before and during a crash. This information can help show who caused the accident and support your claim for compensation.
The Virginia Beach car accident lawyers at Shapiro, Washburn & Sharp know how black box data can help show what really happened and who was at fault after a road traffic accident. Getting and understanding this data often requires legal know-how and help from professionals. Call us today to schedule your free consultation.
What Is a Black Box?
It might feel a little unsettling to learn that your car stores data, but there’s no need to worry. An EDR usually doesn’t continuously track your trips, but some vehicles may record location-related data, like crash location, depending on the system and settings. It simply collects basic information about how your vehicle was working and being driven.
This information can help carmakers determine whether there is a mechanical or electrical problem. Whether it’s shared depends on the owner's consent and the limits of Virginia law; it’s not automatically shared with third parties. The type of data collected can be different from one vehicle to another.
Depending on the make and model, an event data recorder may record:
- How fast the vehicle was going before the crash
- Whether the brakes were used before impact
- The position and movement of the steering wheel
- When the airbags deployed during the crash
- Whether the driver and passengers were wearing seatbelts
- If the vehicle tilted or rolled
- The vehicle’s location at the time of the crash
- How much the accelerator (gas pedal) was being pressed
- How strong the impact was
All of this information helps show what was happening right before, during, and just after a car accident. It can help experts figure out how the crash really happened, even if the people involved remember things differently or give different accounts.
How Is Black Box Data Used to Prove Fault?
After a car accident, everyone wants to know what really happened. People want to know who caused the crash and whether anything helped lead to it. These answers help decide who is at fault, which insurance company should pay, how much should be paid, and whether someone acted carelessly.
Whether the crash was minor, serious, or involved several vehicles, black box data can help explain what happened when witness statements and other evidence are not clear enough. Here are three ways this information can be used:
- Recreating the collision: Black box data can help investigators determine how fast the cars were going, when the brakes were applied, and what caused the crash. This helps us understand better what happened in the accident.
- Checking false claims: Black box data can help show whether or not the driver who caused the crash was speeding or didn't have enough time to stop.
- Backing your case: When dealing with insurance companies or going to court, black box data can help if it matches what you say happened. It can prove that your story is true and that the other driver, not you, caused the accident.
As you can see, this information can be very helpful. But before it can be used, lawyers, police investigators, or insurance companies must first get access to it. That process is not always simple.
How Can I Access My Vehicle’s Black Box Data?
Getting black box data is not as easy as plugging in a device and downloading information. There are several steps and challenges involved, such as:
- Lawful access: In Virginia, the owner of the vehicle usually controls the EDR data, and getting it usually requires the owner's permission or a court order. However, the law lists a few exceptions, such as repairs, emergency response, and law enforcement. If the other driver won't let you in, this could be a problem. Your Virginia Beach car accident lawyer can help you get the information if that happens.
- Professional experience: Not everyone can access and understand black-box data. Most local repair shops don't have the tools and training needed to do this. You often need help from experts, like accident reconstructionists or forensic specialists, to do this.
- Acting quickly: Black boxes can only hold a certain amount of information, and new information can replace old information. Many recorders keep crash data for about 30 days, but some may keep it longer. Because of this, it's important to act quickly after an accident so that important information isn't "lost" or overwritten.
Now that you have an idea of what kind of information a vehicle’s black box can record and why it can be hard to access, here’s why this data is so important.
Why Does Black Box Data Matter After a Virginia Beach Car Accident?
If you've been in a car accident, you probably have injuries, medical bills, and trouble with your insurance company. It can be stressful, especially when you feel like you have no control over things. Black box data can help by giving clear, factual proof of what happened. This information can help your case, keep others from unfairly blaming you, and make sure the driver who caused the crash is held accountable.
If you don't have black box data, you might have to rely only on witness statements or physical evidence, which could be missing, unclear, or disputed. The data from the black box is different because it comes straight from the car's computer. It keeps track of what happened and when, which is clear and hard to argue with.
Protect Your Rights After a Car Accident
If you were in an accident, you have the right to collect proof that backs up your claim, such as black box data. But it can be hard to handle the legal and technical steps needed to get this information on your own.
At Shapiro, Washburn & Sharp, we can help. Our team knows how to get black box data, decipher it, and use it to help your case. You do not have to face insurance companies on your own. We work to protect your rights and help you seek the compensation you deserve. That is precisely what we achieved for one recent client when we obtained a settlement of $525,000 after her SUV was struck by a delivery driver who failed to yield the right-of-way.
Our Virginia Beach car accident lawyers know how hard things can be after a bad accident. We can help you get money for your injuries, medical bills, lost wages, pain, and other losses. To set up a free consultation, please call us at (833) 997-1774 or fill out the contact form on our website. Our offices in Virginia Beach, Portsmouth, Norfolk, and Hampton serve clients.
