The Black Box - "Big Brother" Capturing Car Accident Information

Amy Rothschild

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For many years now, automobile manufacturers have been installing a device commonly known as a "black box" into many of their vehicles. The black boxes were initially installed with the stated purpose of gathering data to optimize vehicle performance but now are more commonly used for the purpose of gathering information post-accident. Many consumer advocate groups are concerned about the use of the information for this latter purpose.

Black boxes are frequently downloaded after an accident, and with advanced technology, can reveal engine and vehicle speeds, air-bag deployment, seat-belt use, and the state of the brakes before and during a crash. Insurance companies and automobile manufacturers often use this information against a driver to establish driver fault (e.g., the driver was speeding before the accident, the driver failed to properly apply his brakes) when a driver makes a claim for personal injuries. Many consumer advocates including the American Civil Liberties Union object to the usage of the information stored on black boxes for this purpose stating that it violates a vehicle owner's privacy and also because many vehicle owner's are not even aware that their vehicles are equipped with the device. Unfortunately, most courts will order that it be provided where there is litigation involved.