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If you have a newer automobile, it is very likely that your vehicle is capable of recording your driving actions, information that can be used to determine fault if you are involved in an accident. Surprised? Don’t feel bad. Automobile manufacturers have been reluctant to publicize information pertaining to these devices, for fears of a consumer privacy backlash. In fact, manufacturers aren’t required to tell consumers that their vehicles contain such a device, and since over 60% of cars sold today contain one, you have probably been driving around for years with one and don’t even know it.

Most of us have heard of the “little black boxes” in airplanes that aid investigators after a crash. The devices installed in passenger vehicles are built for a similar purpose, which can help investigators understand exactly what role your vehicle played in an accident. While this may seem like a great idea to an innocent auto accident victim trying to prove their case, the information could come back to haunt you if you were really at fault and tried to fudge the facts in your favor.

Why is my car spying on me?

These recording devices started out in cars with a fairly benign purpose – to provide manufacturers with information that would help them improve airbag design. However, in order to do this, some devices recorded more than just information about the airbag’s function. Devices that recorded information like how fast the vehicle was traveling at the time the airbag deployed, whether or not the brakes were used and how hard were found to be useful in determining more than just airbag efficiency. Crash scene investigators found that the wealth of information that these devices record can be instrumental in determining the cause of an auto accident.

Recording devices that include information about the vehicle are now called “event data recorders” or EDRs under federal rules. Some manufacturers install these EDRs in every car in their lineup, while others install them only in some models. In 1997 the National Transportation Safety Board (NTSB) endorsed the practice of using EDRs to record information about accidents and crashes. In fact, some groups believe that these devices should be mandatory, however at this time they are not.

What information is being recorded about my driving?

Up to 45 different data elements pertaining to your driving can be recorded by EDRs, including information about your seatbelt, brake, and accelerator use. The federal government is actually making an effort to get automobile manufacturers to standardize the type of information collected and improve the durability of these devices. In addition, the NHTSA has decided htat manufacturers will be required by 2011 to note in the owner’s manual if an EDR is installed in the vehicle.

Beginning in 2011, while EDRs will not be mandatory the following data elements must be recorded by EDRs – if installed – in all new vehicles:

Change in forward crash speed
Maximum change in forward crash speed
Time from beginning of crash at which the maximum change in forward crash speed occurs
Speed the vehicle was traveling
Was the accelerator pedal pressed?
Number of times the engine had been started since being manufactured prior to the crash
Number of times the engine had been started since being manufactured prior to downloading the EDR data
Was the driver safely buckled 1 second prior to the crash?
Was the air bag system properly working 1 second prior to the crash?
Time from the beginning of the crash at which the driver air bag begins to deploy
How many crash events? 1 or 2? E.g. sideswipe followed by a head-on crash
Time between crash events (if applicable)
Did the EDR complete the recording?

As you can see, if you’re involved in an accident, it is important to know if your vehicle or any of the other vehicles involved in the accident were equipped with EDRs. If you have been the victim of an automobile accident, please contact Weisberg & Zaleski immediately to find out how we can help you receive the justice you deserve.

Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223

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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223

©2008 Weisberg & Zaleski, P.C., All Rights Reserved, Reproduced with Permission
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