What is a Black Box and Does my Car Have One?

By Matt Lalande in Car Accidents on February 09, 2022

Inside Your Car’s Black Box

In the aftermath of a car accident, pedestrian accident, or trucking accident, discovering the true cause of the incident is often very important. Law enforcement will want to know whether or not it should be classified as an accident and who to hold responsible. Insurance companies will also want a clear report of the findings before paying out any claims. Lastly, the individuals involved in the accident and their families will want to understand what went wrong and how to avoid something similar from happening in the future.  If all of this feels confusing, it never hurts to seek the guidance or advice of a car accident lawyer in Hamilton

In order to provide the necessary parties with as much data as possible regarding the moments before a car accident, the event data recorder (EDR) was invented. More commonly known as a “black box”, EDRs are equipped on many modern vehicles, including planes, ships and cars. Although laws and regulations mandating the use of any kind of recording device change from country to country, many manufacturers themselves are in favour of these devices. Since 2013, most new cars have an EDR.

What is a Black Box: The History and Evolution

Originally, the black box was designed to work in close conjunction with the airbag control module (ACM), the system in your car that controls how and when airbags are deployed. For this purpose, and in its original configuration, the black box would record information that was important for assessing whether the airbags were functioning properly in the event of a crash. This would include information such as how fast the car was moving, when the airbags were deployed in relation to the time of impact, etc. 

Over time, while the ACM continued to be developed as it was originally intended, manufacturers and policymakers found a new use for the black box. Not only was it important to understand collisions from a technical standpoint to save lives through better protection and prevention, but a need grew to quantify what had happened during the event. 

What Exactly do Black Boxes Record?

Today, black boxes must follow strict regulations by governing bodies, such as the National Highway Traffic Safety Administration (NHTSA) in the United States and Transport Canada (TC). As of 2013, black boxes must be able to record information, including: 

• Any change in forward crash acceleration
• Time elapsed from the start of the collision, when the maximum change in forward crash acceleration happens
• The speed at which the vehicle was travelling
• How far down the accelerator was pushed
• If the brakes were engaged
• If the driver was wearing a seatbelt at the time of the crash
• If airbags were engaged and how much time it took them to deploy (particularly in the event of a vehicle with airbags that release at different times)
• Total count of collisions (if more than one) and the time interval between collisions.

The black box can only record a few seconds of information prior to the crash, which is logged in the black box second by second. Federal transportation regulations do not require the black box to record any audio or video information, but the statistical data it carries will help any investigation or analysis after the fact.

Getting Information From the Black Box

If you’re trying to figure out whether or not you’ve seen the black box in your personal vehicle before, there’s a good chance that you have not unless you were specifically looking for it. By nature of their purpose, it is created and placed within the car strategically, in order to withstand the damage sustained during the crash. Black boxes, despite their name, might not even be black in colour; many are brightly coloured to make their recovery easier. 

Reviewing Black Box Information

Drivers who might be curious to view crash information from their black boxes themselves will be disappointed to learn that, while not impossible, it can be quite challenging to download the information without adequate experience and equipment. 

Assuming that you know where the black box is (and can locate it again in the wreckage), the most common tool used to access information in the black box is the Bosch CDR tool kit. Over thirty well-known carmakers use black boxes that are designed to be accessed using the Bosch CDR tool kit, including Toyota, Chevrolet, Cadillac, Chrysler, Pontiac, Jeep, Hummer, Fiat, GMC, Lincoln, Volvo, BMW and Mercedes-Benz. 

Once located, the black box then has to be removed from the vehicle, a process that requires professional expertise. After that’s done, the Bosch CDR tool is plugged into the appropriate port in your vehicle’s black box. Then, the information is downloaded to a device preloaded with the CDR reader, which can then be viewed as a PDF on your device of choice.

This documentation would be reviewed and assessed by trained individuals to either confirm or refute empirical accounts of the event, such as eyewitness testimony or victim statements. 

Exceptions to Mandated Black Box Usage

In recent years, many jurisdictions around the world have passed legislation to ensure that all cars manufactured have black boxes installed. Other non-car vehicles, such as ocean-bound ships and planes, also have similar legislation and have black boxes installed as well, for a similar purpose. 

However, this does not mean all vehicles carry black boxes. Cars manufactured before regulations were implemented may not have black boxes unless the reseller or owner prepared the installation themselves. Recently, while many manufacturers are in favour of installing black boxes in their vehicles, there has been a shift away from pushing for mandating black box usage in all civilian vehicles. 

In addition, heavy trucks that weigh over 8,500 pounds are not mandated to have a black box on board; these vehicles often have an engine recorder to record and check for engine failure and other related issues. However, this is not the same as a black box and is not sufficient for the purposes that a black box serves in a post-crash investigation. 

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Understanding Your Rights: Black Box Data and Personal Privacy

Black boxes may seem like an objective way to establish what happened in the unfortunate case of a collision or accident, but privacy activists suggest that the information could be misused. Many civilian drivers may only become aware that the vehicle they are driving is fitted with a black box when they are involved in a collision.

As black boxes become increasingly common in vehicles, it’s crucial for individuals to understand their rights regarding the data stored in these devices. While the information recorded by black boxes can be invaluable in accident investigations and insurance claims, it also raises concerns about personal privacy.

In general, the data stored in a vehicle’s black box is considered the property of the vehicle owner. This means that the owner has the right to access and control the information, and third parties cannot retrieve the data without the owner’s consent or a valid legal reason.

However, there are certain situations where individuals may be required to provide black box data:

• Law Enforcement Investigations: In the event of a criminal investigation related to a vehicle accident, law enforcement agencies may seek to obtain black box data as evidence. In most cases, they will need to secure a warrant or court order to access the information legally.
• Insurance Claims: When filing an insurance claim after an accident, the insurance company may request access to the black box data to help determine fault and assess the validity of the claim. While individuals have the right to refuse access, doing so may complicate the claims process or even lead to a denial of coverage.
• Civil Lawsuits: In cases where an accident results in a civil lawsuit, the court may order the disclosure of black box data as part of the discovery process. This information can be used to support or refute claims made by either party.

Despite these exceptions, individuals may have the right to withhold black box data in certain situations, such as:

• No Warrant or Court Order: If law enforcement agencies request access to black box data without a valid warrant or court order, you have the right to refuse access to protect your privacy.
• Unrelated Investigations: If the data requested is not directly related to the incident under investigation, you may challenge the relevance of the request and seek to limit the scope of the information disclosed.
• Privacy Concerns: In cases where the disclosure of black box data would reveal sensitive personal information not pertinent to the investigation or claim, you may have grounds to object to the release of such data.

To protect your rights and privacy, familiarize yourself with the laws and regulations governing black box data in your jurisdiction. In the event of an accident or investigation, consult with a car accident lawyer specializing in this area to ensure that personal rights are protected and any requests for data are handled appropriately. Our car accident lawyer in Hamiton serves clients nationwide, so don’t hesitate to reach out for advice.

Law Enforcement and the Legality of Accessing Black Box Information

In cases of car collisions, law enforcement is often one of the first groups of individuals interested in viewing the information on the black box. For drivers, it’s important to understand that the information on the black box is your personal information.

In an incident that happened in Peel Region, in Ontario, in 2018, two Superior Court judges ruled that Peel Region police did not have the right to retrieve or access the information on the black box since they had not obtained a search warrant nor informed the owner of the vehicle. It’s important to understand what your rights are and what the police can request of you in the case of an investigation should you find yourself in this situation.

Know Your Vehicle

A black box can be a crucial piece of insurance for drivers in the event of an accident. It contains invaluable information automatically recorded that can then be used for insurance claims or legal challenges. On the flip side, that same information could be used to indict you if you are in the wrong. 

As with everything else in your possession, knowledge is key. Knowing when and where the car was manufactured can help you begin the search for a black box.

If you’re unsure whether your vehicle has a black box or not, try the following to find out:

• A mechanic or similar professional may be able to tell you.
• The owner’s manual that came with the car may tell you one way or the other.
• The manufacturer’s website may have a database of sorts containing which of their specific makes and models have a black box.
• The dealership may know whether or not the cars they sold have one.

Have You or a Loved one Been Involved in a Serious Car Accident?

Remember, in some cases, it’s important to obtain and download the black box data from the vehicles involved in the accident in order to determine the cause of the crash. In most cases, the defendant’s insurance company will agree to retrieve the black box in the defendant’s vehicle, but in some cases, downloading the black box data might need a court order.

The data obtained from vehicle black boxes can be extremely helpful in determining liability after a motor vehicle accident. Engineers can analyze the data collected from your black box and use that information to testify in court as an expert witness.

If you or a loved one has been involved in a serious accident, our car accident lawyers can help. Matt Lalande has recovered tens of millions in damages for plaintiffs in Hamilton and throughout Ontario since 2003. Please reach out to us today with any questions you may have. You can call us no matter where you are in Ontario at 1-844-LALANDE (525-2633) or local in the Hamilton / Burlington / Niagara regions at 905-333-8888. Alternatively, you can send us a confidential email through our website.