Black Box in Speeder's Car Helped Conviction

sessamoid writes "This article in Newhouse News tells the story of a man who was recently convicted of two counts of manslaughter and vehicular homicide each, partially on evidence obtained from the Electronic Data Recorder (EDR) in the car. EDR's are found in all cars with airbags to measure the performance and effectiveness of the airbags and the conditions in which they are used. In this case, the EDR revealed that the driver was not travelling at 60 mph, as he claimed, but actually peaked at 114 mph (in a residential neighborhood) just seconds before the collision. Could this be the forerunner of many such cases in the future, where our cars tell the unadulterated facts, rather than subjective personal accounts?"

Comments

You're asking the wrong crowd

[Rylfaeth]

"Could this be the forerunner of many such cases in the future, where our cars tell the unadulterated facts, rather than subjective personal accounts?"

Yeah, for about 3 weeks before an EDR modchip hits the market that reports whatever you want it to report.
-Rylfaeth

5 seconds of recorded data.

[Agent Green]

I understand some of the privacy pundits bitching all around about how this is an "invasion of privacy." However, the 5 seconds leading up to a crash can provide important data for the manufacturers and accident investagators...particularly if the driver of the car is killed in the crash.

It's interesting that it has the top speed recorded, which is kinda the death blow in this case. In most speed-related auto collisions, law enforcement goes by road conditions and skid marks to determine the speed of the vehicle at impact. Imagine the mess if that were a child running after a ball...

Personally, I'm glad this guy is going to prison. There is no excuse for excessive speed in a residential neighborhood...especially when that exceeded by a factor of four. That's what they built highways for! ;)

Accidently . . .

[OverlordQ]

Cross a few wires oops, no more EDS. ;)

Interstate Commerce and Insurance Ramifications

[Knight2K]

Strangely, I was just chatting about this with my father (Happy Father's Day to all) and a couple of points came up that I thought were interesting.

The first was:
Blackboxes can be mandated on U.S. airplanes (which are privately owned) because the U.S. government can regulate interstate commerce and the airspace above the U.S. belongs to the citizens of the U.S. and are administrated by the government on our behalf.

Similarly, the interstate highway system is basically under the jurisdiction of the federal government and regulated by them (cars must meet federal safety guidelines, etc.) so it seems fairly straightforward to me that requiring black boxes in cars is well within the purvue of what we have allowed the government to handle in the past , especially since more people die in car accidents in the U.S. each year than in airplace crashes.
There is also precident for the concept that you can't just do anything to your own property (e.g. building permits, zoning regulations, child abuse laws..sorta). So this doesn't bother me too much as long as we are vigilent about misuse.

Which leads to the second point we discussed: the big problem is with the insurance companies. Their interest as a business is not really to protect you from harm, but to avoid paying claims since this costs them money. Often times this manifests itself in positive ways (credits for joining a health club, driver safety programs), but can also be rife for abuse. Everyone I know seems to have a story about recalcitrant insurance companies dragging their feet on legitimate claims. Personal injury lawyers prey on those fears all the time.

I could easily see a world where insurance companies look for any scrap of evidence they can to avoid paying your claim... these black boxes can supply it in spades: you were going 5 mph over the limit, zagged left instead of right, etc... until basically there would come a point where it would be difficult or impossible to get the insurance company to perform the service that you pay them for: to help you absorb some of the cost of a tragedy, self-inflicted or otherwise, in your life.

I wonder how many people would start dropping their car insurance because it really provides them with no value since there could always be some momentary fault found with their driving that the insurance company could point to. Perhaps we need to think about how absolutely some of this data should be interpreted; maybe the splitting of blame between parties in an accident handles this already. Should no-fault insurance become mandatory? Or should the adoption of this technology herald the beginning of individualized mass transit (that makes my head hurt typing it, I mean basically smart highways)?

Similar to Blood Alcohol Level

[Ashtead]

1. A forensics-style device like this seems to me to be very similar to the practice of measuring blood alcohol levels of drivers in accidents. It is one more item of information about what happened at the time, and may indicate culpability or innocence, as others here have said. As long as this information is only obtained after an accident and indicates the conditions at that point, it is OK.

2. In this case, the evidence from the black box did not by itself decide the case. The speed limit was 30 MPH, he said he was going 60 MPH, the investigator estimated 98 MPH and the EDR indicated 114 MPH. Now, 60, 98, or 114 in a residential 30 zone is reckless driving anyways. All this proved was that he was lying,

3. There was no problems with unreasonable search, in as much as the judge had issued a search warrant for this information.

4. The problem is with automated prosecution, which is what traffic-cameras are, and some say this could be turned into. Combined with GPS and tables of speed limits and such.... Seems this enormous focus on speed to the detriment of other dangerous behavior is caused because speed is easy to measure. I do not for a second believe that we will be any safer with people going 30 MPH, behaving like zombies. Just because the speed limit is 30.