With the evolving landscape of auto accident litigation in Georgia, vehicle black boxes, or event data recorders, have come to play a major role in the process of ascertaining liability in crashes. As an Atlanta personal injury attorney, I have seen this technology come into play more and more in personal injury cases and, more often than not, with a clear and unbiased record of what happened in those moments that led up to an accident.
Most modern vehicles are fitted with EDRs that record pre-event and post-event technical vehicle data and driver inputs before, during, and after a crash. The information included may include but is not limited to speed, throttle position, brake application, and airbag deployment times, among others. Federal regulations require that all EDRs capture at least 15 data points in the event of a crash or near-crash.
Although Georgia doesn’t have a requirement for EDRs, information downloaded from an EDR is nonetheless admissible if it’s obtained legally. Under Georgia Code (O.C.G.A. § 40-6-273), EDR data will be vital to the understanding of the actions of the drivers immediately before a collision and can be used in support or challenge to claims in personal injury litigation.
EDR data may be admitted in the courts of Georgia, provided the information can be proven relevant, reliable, and produced with proper legal procedure, often through court order or subpoena if the vehicle owner does not provide the information voluntarily.
EDR may provide the most compelling corroborative evidence in a personal injury case. Additionally, it may support or contradict the testimony of witnesses and/or police reports and other evidence as to key facts, such as vehicle speed and driver actions and behaviors.
Proper determination of fault is very important in personal injury claims. EDR data may clearly indicate what kind of traffic law has been violated, whether through speeding or sharp maneuvering, hence helping in the determination of liability.
Objective data from the EDR will help considerably in negotiating settlements. Where fault is unequivocally represented by the data, quicker settlements and more appropriate compensation for damages may result.
While EDRs undoubtedly provide very useful information in cases, they also raise some very thorny privacy and legal issues regarding who owns and has access to this information. In Georgia, for example, the information provided by an EDR typically belongs to the owner of the vehicle. Still, access to that information is provided only upon permission of the owner or by a court order subject to a balance between the rights of privacy and the interests of the legal process.
A vehicle black box, or event data recorder, captures data related to vehicle mechanics and driver actions seconds before, during, and after a crash. This includes speed, brake application, seatbelt use, and more.
EDR data could be accessed by consent of the vehicle owner or by court order. It’s important to work with a lawyer to ensure that the data is retrieved legally and appropriately.
EDR data will be admissible if proven to be relevant to the case at hand, and also if it has been obtained legally. It needs to be further shown that the data is reliable and has been preserved without tampering.
Yes, EDR data can impact one’s insurance claim by a large margin because this will provide factual information about the crash that may change the insurance company’s judgment of fault and liability.
If you or your loved one has been involved in a Georgia vehicle accident, the role of black box data could be very important. Here at Shani O. Brooks P.C., our law firm is committed to utilizing new technology, such as EDR data, to help support your case and receive the compensation you are entitled to. To learn more about your case in a free consultation, do not hesitate to contact our Atlanta auto accident attorney by calling 404-920-4736. Located in Atlanta, we represent injured individuals throughout Georgia with the finest quality personalized service through the attention of experienced attorneys dedicated to your specific needs.