Skip to main content
Recent Blog Post

For My Car Accident Case Can I Use A Black Box?

Key Takeaways

  • Most modern cars are equipped with black boxes, also known as event data recorders (EDRs).
  • Black box data can provide clear evidence when there are disputes over details of a motor vehicle accident.
  • The data can be retrieved by a police officer or other expert. In many cases, the data will be accessible even if the box suffers damage.
  • Working with an experienced Michigan car accident attorney can help ascertain whether EDR data can help your case.

If your vehicle was manufactured after 2018, chances are it contains a black box, also known as an event data recorder (EDR). Car accident cases often boil down to one person’s word against another’s, and a car’s black box data can help provide concrete evidence for your accident claim.

If you have been in a Michigan car accident and want to know if the vehicle black box will be helpful for your claim, the car accident lawyers at Matz Injury Law can help. Our law firm can guide you through the process of filing a car accident claim so you can focus on healing from your injuries.

What Are Black Boxes in Cars?

You have probably heard of black boxes in relation to airplanes. They are an important part of discovering what went wrong in plane crashes. The black box has long been a vital part of the aerospace industry, and most aircraft have one. Now, black boxes are also found in cars and serve a similar function.

The black box is the colloquial name for a car’s event data recorder (EDR), a device made from crash-resistant, durable material to help it survive collisions. Black boxes record everything that happens in the moments leading up to a car accident. This helps investigators determine what happened to help avoid similar accidents in the future.

Automotive manufacturers use the data to develop better safety technology or improve existing vehicle safety technology. It can also help you present your case in a personal injury lawsuit.

If you have suffered a severe injury in an accident in Michigan caused by another driver and are curious if a black box can be evidence, our law firm may be able to help. Contact Matz Injury Law at 866-22NOT33 or fill out our easy online contact form to schedule a free consultation with a member of our legal team today.

Are You Fighting with Insurance Companies?
Resolve Your Claim and Win the Compensation You Deserve

What Cars Have a Black Box?

Cars are not required to contain a black box; there is no federal mandate stating that EDRs are required in vehicles. However, most new cars manufactured after 2018 have one, and most car manufacturers, from Ford to Chrysler, Cadillac, Toyota, and others, consider it best practice to include one in the vehicle’s design and construction. Some cars have had them as far back as 1994.

In most vehicles, the black box is located behind the steering wheel and dashboard. Crash data is typically collected by a police officer who plugs into the vehicle with cable and downloads the data onto a computer. The box does not come out of the car. If the officer does not download the data, we can hire an expert to go to the impound or tow lot and extract the data.

What Data Does a Car’s Black Box Record?

Crash data collected by a motor vehicle’s EDR includes:

  • Throttle position
  • Vehicle speed
  • Brake application and pressure
  • Airbag control module activation
  • Airbag deployment
  • Steering angles
  • Use of seat belts
  • Use of turn signals
  • Whether headlights were on or off
  • Other elements of the vehicle’s telematics and data. 

The recorded data consists of about 20 seconds from immediately before the car crash through the event and shortly after.

When Can I Use My Black Box for My Car Accident Case in Michigan?

Your black box can help prove that the at-fault driver in your car crash lawsuit was negligent when the accident happened. Usually, the data is used by police, accident reconstruction experts, and crash investigators to piece together what happened.

Event data recorder information has been used since the 1990s by the National Highway Traffic Safety Administration (NHTSA) for gathering statistical data. It is only over the past few years that this type of data has been used in car accidents.

Black box data from automobiles can be used for:

  • As evidence in car accidents
  • Highway safety and statistical data
  • Personal injury claims
  • Case evaluation

Black box data can help determine if the data matches or contradicts the versions of each driver regarding what happened in the crash. Many courts treat the data as admissible during the litigation of your car crash case. Normally, if we have at least two eyewitnesses and everyone agrees, the black box data is less important. However, if there are disagreements, the data can settle any contradictions.

Is Black Blox Data From a Car Accident Considered Private Information?

In a 2018 case, the courts ruled that black box data is not protected by privacy laws but left an opening for laws to evolve as the amount of data recorded by the boxes grows. They stressed that having a warrant or subpoena for this is better than assuming it is admissible. As a result, for such data to be used in court, a court order or subpoena is required for crash data retrieval (CDR).

It is difficult and expensive to download data from a vehicle’s black box, and each car manufacturer has its own type of cable to connect to the box. Data from a car crash is downloaded to conduct collision damage analysis, but only a trained specialist can interpret this type of data.

Black Box Data Can Help Prove Negligence In Pain and Suffering Claims

To collect non-economic damages (pain and suffering) in Michigan, you must prove that the other driver was negligent. This means you must demonstrate they acted irresponsibly, that their irresponsibility led in some way to the accident, and that your injuries directly resulted from the accident.

Pain and suffering is a catch-all term for the types of injuries that are difficult to value. These include things like:

  • Loss of consortium
  • Loss of comfort and companionship
  • Loss of the ability to enjoy life
  • PTSD
  • Emotional trauma
  • Physical pain
  • Embarrassment
  • Humiliation
  • Mortification
  • Shock
  • Mental anguish
  • Reduction in your quality of life

These and all the other invisible injuries that result from an accident fall into this category. These damages are difficult to value and are often a major sticking point in negotiations for personal injury claims.

Related Resources

What Are the Cons of Using Black Box Data After a Crash in Michigan?

The biggest problem with using black box data is that the data is incomplete, and juries can often give it more weight than should be granted to only a few seconds of information. Any driving behavior from before the start of the accident is not recorded.

This means that if you were driving responsibly but suddenly had to slam on the brakes, accelerate, or swerve to avoid a collision, the box only shows that you slammed on the brakes, accelerated, or swerved. Your prior behavior will not be part of the evidence the box provides and may be off the record.

Were You Recently Injured in a Car Accident?
Win Compensation and KEEP MORE Money with Matz

Who Can Legally Access Black Box Information?

Not just anyone can access your black box data, despite prior rulings that it is not private. The crash data retrieval system and the expense involved with its use act as a practical deterrent to this process in many cases. Only 15 states so far have specific laws about pulling crash data recorder information from a car. Michigan is not among these states.

However, the laws continue to evolve as technology and data collection methods advance. In the case of a court order or subpoena, however, not much can be done to stop access to black box data.

If you are not certain who has the right to access your black box information or you are concerned that the data may not reflect you in a favorable light, speak with your attorney. They can help you understand the box, what information it may include, and how it can help or hinder your case. A skilled attorney can also work to build a case that uses the data as appropriate to protect your rights.

Can Insurance Companies Use Black Box Data to Deny Coverage in Michigan?

This is a tricky proposition. Car insurance companies are not permitted to use black boxes to spy on you or observe your driving habits unless you accept the insurance company’s offer of a “safe driving discount” and put a tracking app on your phone. If you do this, the insurer can gather all the data they like. The telematics app, however, is not the same as your black box.

In some cases, the insurance company may request permission to access your black box. Take care in allowing them such permission. If you allow the insurer permission to access black box data, they may use that data to deny you coverage. This is one reason why it is a good idea to have a personal injury lawyer in your corner who can communicate with the insurance company on your behalf.

Why Clients Choose Matz Injury Law

Matz Injury Law was founded in 1977 and, since this time, has dedicated itself to pursuing justice for Michigan’s injured. Over the decades, our personal injury lawyers have logged hundreds of thousands of miles visiting clients in the Upper and Lower Peninsulas.

Our clients often choose to work with our law firm because they know they can count on the personal touch we provide. If you hire us, you will never be passed off to an assistant. You will always have direct access to your attorney. We work hard to provide strong, consistent communication with legal advice and full transparency about your case.

To date, our law firm has earned over $300 million in compensation for those we have represented. While we know no amount of money can replace what you have suffered or lost, we want to help make things easier. This is why we stand by our commitment to charging a contingency fee of 22%, not the maximum 33 1/3% allowed by Michigan that most other law firms do. We want you to keep more money in your pocket.

Our Client Testimonials

“Steve is nothing short of amazing! He is currently helping me with my lawsuit and has been THE best, very knowledgeable, and works hard!!! Very guiding and informational and guidance he gives every step of the way is phenomenal. I’d be lost without help!” — Tiffany L.

“Steve Matz was there when I needed him. Nobody expects to be a victim of a car accident, but when I found myself in that situation, it was overwhelming. Steve made everything easy. Steve did not accept the insurance company’s first offer. He held out and got me a better settlement. Steve is very kind and professional. I highly recommend Matz Injury Law.” — Sharon K.

We Will Help You Gather the Evidence You Need

Steven Matz and his team bring decades of experience to the table in personal injury cases. We represent clients in almost every county in the state of Michigan. We fight doggedly for our clients and their rights all the way. We treat every client like a member of our own family, as a compassionate ally in your fight for justice.

We do not charge a fee unless we win your case, and if we do win, we take only a 22% contingency fee, as opposed to the typical 33% charged by many of our competitors. This leaves you with more compensation to heal.

If you are not certain what your black box can do for you or are concerned that EDR data may harm your case, we are here to help. Contact our law offices today. Our phone number is 866-22NOT33 or, if preferable, use our online contact form to request a free case evaluation with a member of our legal team.

Frequently Asked Questions

Do Insurance Companies Look at Black Box Data?

It depends. If a vehicle is totaled in an auto accident and the insurance company takes ownership, they legally own the car. Essentially, they can choose to do whatever they want with it. They may look at the black box data if this happens.

Is It Possible to Retrieve Data From a Damaged Black Box After a Car Accident?

Usually yes. Black boxes are designed to be as indestructible as possible, so they can normally be obtained even after a significant motor vehicle accident. In some cases, you may need expert engineers to obtain the data, but in others, the box may simply be too damaged.