Michael D. Waks Long Beach Personal Injury Lawyer & Car Accident Attorney

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

How Might Black Box Data Contribute to My Car Accident Claim?

May 1, 2020 by Michael Waks

How Might Black Box Data Contribute to My Car Accident Claim?

If you were hurt in a car, truck, or motorcycle accident, there’s a good chance at least one of the vehicles involved was equipped with an event data recorder (EDR). Also known as “black boxes,” these devices track a number of operational specifics, and more than 9 out of 10 passenger cars and light-duty vehicles manufactured after 2012 have one. Big rigs are also equipped with EDRs, among other recording devices.

Because of the metrics they record, black boxes often allow investigators to determine precisely what happened in the seconds leading up to a crash. As such, they can serve as valuable evidence when building a car accident claim.  

The National Highway Traffic Safety Administration has mandated that all passenger vehicle EDRs record at least 15 variables, which include:

  • Change in velocity following forceful impacts,
  • Ground level speed,
  • Throttle input and subsequent acceleration,
  • Brake application,
  • Seat belt usage, and
  • Air bag deployment.

If you sustained serious injuries in a motor-vehicle collision, your legal team will try to obtain all available black box data from the vehicles involved to determine what happened so they can discern liability. Since other drivers are unlikely to surrender such information willingly—especially if it implicates them—your personal injury attorney may have to apply legal pressure by filing subpoenas.  

Once your lawyer has gathered all relevant data, they will review it closely for signs that the other motorist failed to act with reasonable care, or signs that another defendant was liable. Upon identifying any reckless driving habits or patterns of neglect, your attorney may consult with accident reconstruction experts to determine the significance of such patterns.

For example, if the data indicates the other party did not apply the brakes or attempt to avoid the collision in any way, it may be a sign that he or she had fallen asleep behind the wheel. The erratic application of the throttle, on the other hand, could be indicative of drunk driving.

Could Black Box Data Hurt My Car Accident Claim?

If your vehicle was equipped with a black box, it’s important to note that the maneuvers you made in the moments before the collision were also recorded. If you contributed to the crash in any way—or you failed to take reasonable measures to prevent it—the EDR data may indicate as much. In other words, the data could highlight the role, however small, that you played in the wreck.  

Even if you were partially liable, you are not barred from seeking compensation for the resulting damages. California has a pure comparative fault rule, which states that the plaintiff’s own negligence offsets the defendant’s liability. In other words, the potential payout to which you may be entitled will simply be reduced by your own percentage of fault.

What Kinds of Evidence Might Supplement Black Box Data in a Car Accident Lawsuit?

Generally speaking, black box data alone will not be enough to secure a sizable settlement or verdict. Because insurers are ultimately committed to protecting their bottom line, they are not inclined to pay out claimants unless they see sufficient evidence of liability, causation, and damages.

Thankfully, as long as you turn to a reputable personal injury firm, you won’t have to obtain such evidence on your own. A seasoned car accident lawyer will have the resources to gather all kinds of evidence that may contribute to the strength of your claim including:

  • Eyewitness Deposition: If you recorded the names and phone numbers of other motorists, passengers, and pedestrians who witnessed the wreck, your legal team will reach out to them to find out if they should be deposed.
  • Photographs of the Scene: Accident reconstruction experts can evaluate photos of the wreckage to determine what might have happened in the seconds leading up to the crash. If their findings corroborate the black box data, you will likely have a strong case when it comes time to prove fault.
  • The Official Police Report: The officers who responded to the scene should have drafted an official report. This document should include their impressions of the scene. If they had reason to believe one of the other motorists involved was driving while drunk, drowsy, or distracted, for example, they should have noted as much in the report. While such assertions won’t serve as irrefutable evidence of fault because the responding officers didn’t actually conduct a thorough investigation, they could certainly bolster your own claims, assuming they’re in line with your version of events.  
  • Dash Cam Footage: If any of the vehicles that were involved—or were in the vicinity when the wreck occurred—had a camera mounted on the dashboard, the corresponding footage could help you prove fault. If the incident happened in a fairly developed area, there’s also a chance it was captured by a surveillance system. Keep in mind, however, that the owner of any such footage is under no obligation to retain it for an extended period of time. As such, it’s important to act fast.

Call (562) 206-1939 for a Free Consultation with a Long Beach Car Accident Attorney

Your Injuries Are Personal to Me

If you were seriously hurt in a motor-vehicle collision through no fault of your own, contact attorney Michael D. Waks. Our law firm is available 24/7 to take your call. From the moment you reach out to the day your case is resolved, you will be treated with the utmost respect, compassion, and professionalism. For a free consultation with a car accident lawyer in Long Beach, send us an email or dial (562) 206-1939.

Download Our Car Accident Emergency Response .PDF

If you hit the road often, there’s a good chance you will end up in a collision at some point. To ensure you’re prepared for all eventualities, keep our Car Accident Emergency Response .pdf in your glovebox. The scene of a wreck is always chaotic; this handy guide will ensure you don’t overlook critical details that may contribute to the strength of your subsequent claim. Download it HERE for free.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Michael D. Waks Long Beach Personal Injury Lawyer & Car Accident Attorney

Website & SEO By Sutton Digital Marketing