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By Perry Zucker
Essentially the "Automobile Black Box" is incorporated within the air bag system, which has three (3) basic components they are: the bag, inflation system, and sensors. In addition the vehicle's on-board computer's (ECM / OBD I / II) stores data in two types of categories. They are as follows:
Non-Deployment Incident is an event that is severe enough to gather information from the sensors but NOT severe enough to deploy the airbag(s).
Deployment Incident is an event that is severe enough to gather information from the sensors and to deploy the airbag(s).
In both types of incidents the vehicle's processor (RAM) stores in memory, pre and post crash data.The "Automobile Black Box" (EDR) can record informational data, such as: engine / vehicle speed (5 seconds before impact), brake status (5 seconds before impact), throttle position(s), and even the state of the driver's seat belt switch (on/off).
Leading Court Case
Several questions remain unanswered. Who owns the downloaded data? Some vehicle's manufacturer (OEM) claims that the algorithms are proprietary and the technology belong to them. In criminal cases, law enforcement can impound the defendant's vehicle for possible evidence. The real question become does law enforcement have the right without a court order to obtain the data from the black box (assuming the codes are available), if the vehicle is not impounded?
Does the defendant have the rights to have his/her own expert to observe the downloading of the data? Secondly, does the defendant's expert have a right to download his own data? Does insurance carriers have a right to this data, under their policy? Does rental / leasing company have a right to surcharge the rentee / lessee, if he/she is notified about the technology? Does the rentee / lessee have a right to observe or have his own expert review the data? Can the data assist motorists in traffic court concerning speeding tickets, etc?
Conclusion
The answers to many of these tough questions will indeed be addressed over the next few years whereby there will be a downpour of litigation regarding the admissibility and the use of "Black Boxes". The courts will have to rely on qualified engineers that are also certified repair technicians who can be a trier of facts concerning this technology; satisfy Frye / Daubert / Kumho Tire.
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Auto Black Box (EDR) - Misinterpretations
Each year hundreds of thousands of people are killed on
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Vehicle accidents occur every few seconds. The proximate causes of these accidents rely on engineers and investigators.
Some of the determining methods they use are physical evidence, charts, computer simulations, and the latest buzz technology is called the "Automobile Black Box" (EDR) data recorder, which are synonymous with airplane crashes.
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