The Secrets in Your Car’s Little Black Box

Most of us have heard about the “little black box” that is installed in newer vehicles. What most of us don’t know is exactly what that little black box is doing, what kind of information it is tracking about us, and how it can be used for and against us if we get into an accident. While some people might be excited to learn that they can be vindicated if they are involved in an accident, many others have legitimate concerns about privacy.

If you don’t know much about these devices that isn’t a surprise. Car manufacturers are not required to tell you whether or not your new vehicle is equipped with one of these devices, so it is very likely that many of us driving newer vehicles are being monitored without our knowledge. Some manufacturers install them in all of their vehicles, while other manufacturers only install them in a percentage of theirs.

What is a “Little Black Box”?

The real name for these devices is “event data recorder”, or EDR, and they are usually silver (not black) and about the size of a pack of cigarettes. According to the National Highway Traffic Safety Administration (NHTSA), an EDR is defined as, “a device installed in a motor vehicle to record technical vehicle and occupant information for a brief period of time (seconds, not minutes) before, during and after a crash.” EDRs are installed by automobile manufacturers in order to capture information like the speed, engine RPMs, accelerator and brake use, seat-belt use, air-bag deployment, and the number of collisions in a crash – all gathered a few seconds before the crash occurs. Some EDRs – like those used by GM with their OnStar system – can even transmit information about air bag deployment wirelessly to third-parties.

The EDR is triggered to retain information when the air bag deploys or when a “deployment level event” occurs and the airbag does not deploy (which may occur in a rollover, side-swipe, or side-impact accident). Data is stored on a computer chip so it can be retrieved later. Data about additional impacts is recorded separately on the same computer chip, and can also be retrieved at a later time. It is also possible that a vehicle can be equipped with an EDR but no data is recorded during a crash, which can happen if there is a catastrophic loss of electrical power to the device because of the accident.


The History of the EDR

EDRs began their existence as devices attached to air bags, and were intended to provide detailed information about a crash to aid in air bag design. Some devices only record whether or not the airbag functioned as expected in the crash, while others include additional information about the vehicle. Devices that only record airbag information are not considered EDRs under federal rules – the devices must record speed information in order to be considered EDRs.

Event data recorders have been around for a while. In the mid-1990s, American automobile manufacturers like Buick and Chevrolet were installing EDRs in some of their vehicles. As early as 1997 the National Transportation Safety Board (NTSB) recommended that EDRs be used to collect information about traffic accidents. Over the years the NHTSA has received several petitions requesting that the installation of EDRs in new cars be made mandatory. These devices are not currently mandatory, but as of 2005 the NHTSA estimates that they have been installed in 64% of passenger vehicles. And because manufacturers aren’t required to tell drivers whether or not an EDR is installed in their car, most drivers probably don’t even realize that their vehicle is equipped with one.

The Future of EDRs

In August 2006 the NHTSA ruled that automobile manufacturers will be required to follow certain guidelines for installing EDRs in vehicles, beginning with model year 2011 automobiles. The devices won’t be mandatory, but manufacturers will be required to note in the owner’s manual that an EDR device is installed in the vehicle. Manufacturers must also make the devices themselves more durable so they are more likely to survive a crash. These new rules will apply to all cars and light trucks that weigh 8,500 lbs or less.

In an effort to standardize the type of data collected by different manufacturers, the NHTSA will also require that the following data elements be captured by all EDRs as of the model year 2011. Additional details about these data elements, and 30 more data elements that will be required in certain situations can be found by viewing the NHTSA’s August 2006 press release. The full NHTSA rule is available here.

Data elements required as of model year 2011 for all vehicles equipped with an EDR:

• Change in forward crash speed


• Maximum change in forward crash speed


• Time from beginning of crash at which the maximum change in forward crash speed occurs


• Speed the vehicle was traveling


• Was the accelerator pedal pressed?


• Number of times the engine had been started since being manufactured prior to the crash


• Number of times the engine had been started since being manufactured prior to downloading the EDR data


• Was the driver safely buckled 1 second prior to the crash?


• Was the air bag system properly working 1 second prior to the crash?


• Time from the beginning of the crash at which the driver air bag begins to deploy


• How many crash events? 1 or 2? E.g. sideswipe followed by a head-on crash


• Time between crash events (if applicable)


• Did the EDR complete the recording?

This means that the NHTSA is requiring 45 specific data elements be recorded by all EDRs. While this is great news for crash investigators, it remains to be seen how these new requirements will affect the number of EDRs installed in new vehicles once these rules take effect in 2011 – and how car accident litigation will be affected.

Why EDRs are controversial

Some prosecutors and law enforcement officers are taking for granted that EDRs are “impartial” witnesses, and the evidence is being used to prosecute drivers. However, these devices have their limitations. In addition, privacy advocates are concerned about vehicles “spying” on their drivers and collecting information that could be used against the driver. In addition, it is still unclear who owns the information gathered by these devices, and how the information can legally be used.

If you have been in an accident, it is important to know if your vehicle or the other vehicle(s) involved are equipped with an EDR. It is also important to ensure that the person downloading information from your EDR is trained to use the specific kind of device in your vehicle.


Should you or somebody you love be involved in a serious auto accident, the Virginia based attorneys at Dulaney, Lauer, and Thomas, LLP want to help. Please contact Dulaney, Lauer, and Thomas to discuss your case for no cost and no obligation. We can help you recover from the shock of serious automobile injury and make sure you receive the compensation you deserve.