Black Box Evidence in Tennessee Car Wreck Litigation
An experienced Tennessee car accident attorney will work hard to make sure that a client’s claims are fully investigated. Toward that end, an attorney will gather data from a variety of sources—from accident reports to expert analysis of skid marks. When necessary and available, a lawyer will also gather information from a vehicle’s Event Data Recorder (EDR), which is commonly referred to as a Black Box similar to the ones found in commercial airliners.
What is an EDR? In many vehicles manufactured from about 2003 onward, there is a small device connected to the Airbag Control Module or Powertrain Control Module that records certain crash data. The type and amount of information it records varies depending on the year, make, and model of the vehicle, but often records such crash data as:
- Vehicular speed at the time of a Tennessee car wreck;
- Whether the airbag and restraint system engaged;
- Brake application; and
- Throttle application.
In a Tennessee car wreck case, this information can be collected from the EDR and analyzed to help determine what the vehicle was doing before, during and after the crash. Such information helps a court determine the relative measure of fault shared between the parties and award fault accordingly. This information can also be used during settlement discussions between the parties and their insurance carriers.
However, you can be sure that your insurance company is apprised of this technology and will, if possible, use the EDR data against you to deny coverage. Consulting an experienced attorney apprised of the latest technologies and evidence procurement techniques is your best bet at challenging your insurance carrier’s position.
Black Box evidence, while admissible in a court of law, is not foolproof. First, EDRs are not currently configured to record the date, time and location of an accident when it occurred. Second, good old physical evidence can still be used to support or attack inferences arising from EDR data. Physical evidence includes analysis of impact data, skid marks, yaw marks, and initial resting position of the vehicles after a crash.
The National Highway Traffic Safety Administration (NHTSA) estimates that by 2010, at least 85 percent of all new vehicles will have EDRs. Accordingly, in any contested motor vehicle accident case, Black Box data should be retrieved and scrupulously analyzed.
Let our knowledgeable motor vehicle accident attorneys at Baker Associates investigate your case and evaluate your claim. Call 866-853-2888 to schedule an appointment with one of our friendly and experienced attorneys in Knoxville or Sevierville, Tennessee.
