Most of us have heard of airplanes having black boxes that can help explain the circumstances and events that lead to a crash, but did you know that the majority of today’s vehicles also have a black box? Today, almost all new vehicles are manufactured with black boxes, also known as “event data recorders”. Black boxes can record data on engine speed, airbag deployment times, brake application, seatbelt use, and more.

The law regarding vehicle black boxes is largely unsettled, and courts in different states have taken varying positions on whether a warrant is required for the search of a vehicle’s black box. In New Hampshire, legislation has been passed that specifies who can extract data from a black box. New Hampshire generally allows extraction: (1) with owner’s consent; (2) by court order; (3) for purposes of diagnosing, servicing, or repairing the vehicle; or (4) for dispatch of emergency medical personnel.

New Hampshire’s law on access to the data does not address the major concern in relying on such data. Black box data presents an incomplete picture of the circumstances surrounding a crash because the devices retain only a few seconds of activity in memory. If you were driving the speed limit, but accelerated to try and avoid a collision, the acceleration and swerving may be recorded while your prior calm driving was not. For this reason, black boxes can be unreliable “witnesses” in court.

In 2021 and beyond, we are likely to see increased usage of black box data in courtrooms. If black box data is being used in your personal injury or criminal case, Wescott Law can help. The attorneys here have the knowledge and experience to help you with all your legal needs. Give us a call today.