Since 1994, the prevalence of vehicle Electronic Data Recorders has risen dramatically. Nearly all mass produced vehicles sold on the United States have at least one Electronic Data Recorder (“EDR”) and oftentimes have numerous additional module storing similar data. Pre-Crash data points are voluminous, such as:

• Sideways acceleration

• Forward or rearward acceleration

• Engine speed

• Driver steering input

• Right front passenger safety belt status

• Engagement of electronic stability control system

• Anti lock brake activity

• Side airbag deployment time

• Driver and right front passenger and seat track positions

• Driver and right front passenger occupant size

• Tire pressure

• Cruise control status

• Video

• and much more

The data permanently stored by EDRs at the time of an airbag deployment event can be a game changer in litigation, providing definitive, admissible, and reliable proof of how an accident actually occurred.

Critical, the data must be obtained properly, honoring the data owner’s rights pursuant to state and federal statute. These statutes include California Vehicle Code section 9951 which states:

(c) Data described in subdivision (b) that is recorded on a recording device may not be downloaded or otherwise retrieved by a person other than the registered owner of the motor vehicle, except under one of the following circumstances:

(1) The registered owner of the motor vehicle consents to the retrieval of the information.

(2) In response to an order of a court having jurisdiction to issue the order.

(f) This section applies to all motor vehicles manufactured on or after July 1, 2004.

and

The Federal Driver Privacy Act of 2015, (Passed as part of the FAST Act, H.R.22, 114th Congress, 2015) which says:

“Any data retained by an event data recorder… is the property of the owner or, in the case of a leased vehicle, the lessee of the motor vehicle…”

We have utilized EDR data in countless cases to date which have resulted in favorable defense results for cases with initial seemingly impossible liability arguments. EDR data truly can be a game changer.