• you can take your chances and hope that your story is more credible than the opposing driver
• you can hire an accident reconstructionist who can try and reconstruct the scene from the damage profiles of the vehicles and the physical clues at the scene of the crash
• you can download the data from the EDR of both vehicles and get a pretty good picture of what was happening with the vehicles before the crash

Option one is risky, and option two is very expensive. Sometimes gathering data from the EDRs of the vehicles involved in the crash is all you need to present a clear picture of liability.

What is EDR?

EDR stands for “event data recorder.” Early iterations of these devices began showing up in vehicles in the 1970s. More and more manufacturers incorporated some form of an EDR into their vehicle over the next few decades and by 2005 over 60% of all new model vehicles had some ability to record crash data. The EDRs were initially installed to provide manufacturers and government agencies with more data to understand crash events so that safety systems could be tailored and enhanced to save more lives. There were problems though. Different auto manufacturers collected different data and used different systems, so retrieval of the data was very difficult. That is when the National Highway Traffic Safety Administration (NHTSA) stepped in and attempted to bring some uniformity to the data collected and the means of retrieval.

Although manufacturers are not required to install EDR devices into their vehicles, if they do, NHTSA has required that the devices collect certain data. For example, any voluntarily installed EDR must record the following data:

• Vehicle speed
• Steering wheel angle
• Accelerator position
• Air bag deployment
• Seat belt use
• Brake application

These are just a few of the data points that the EDR will capture. Also, most EDR devices record this information for up to five seconds before a crash. This data can be extremely useful in showing exactly how the car was being driven in the moments leading up to a crash. For instance, if you believe the other driver was speeding and not paying attention before the crash, you can use the EDR data to show the driver’s exact speed and you can calculate when the driver reacted prior to the crash by looking at the brake application. Sometimes experts can look at this data and make very good predictions about the other driver’s actions prior to the crash.

As you can see, this portion of the data shows the speed of the vehicle, throttle use, brake use, engine rpms, and other information from 5 – 4.5 seconds before the crash. An attorney skilled in analyzing these reports can use this data to explain why another driver might be at fault for a collision.

Not every crash is captured by an EDR, however. Some crashes, such as side-swipe events, are not significant enough to trigger the recording mechanism for the EDR. Most EDRs will capture data during a significant frontal collision or in any crash when the airbags deploy. However, smaller accidents where there is not a significant amount of property damage to the vehicle may not create a recorded event.

A big advantage of EDR data is that it is relatively inexpensive to obtain. There are individuals and companies that will download the data for anywhere between $400 – $1,200 depending on the vehicle involved. Compare this to hiring an expert to reconstruct the accident which will typically cost at least $5,000 – $10,000 or more. Also, the data is really indisputable. It would be very rare for an EDR to record data that was inaccurate.

Privacy Laws

One hurdle you may have in obtaining the EDR data from the other vehicle during the pre-suit process is that the data is protected by privacy laws. The Driver Privacy Act of 2015 explicitly states that “Any data retained by an event data recorder . . . is the property of the owner, or, in the case of a leased vehicle, the lessee of the motor vehicle . . .” This means that in a civil case, unless the other driver involved in the collision consents, you cannot force them to allow you to access the data before filing a lawsuit. There is a provision in the Act that permits retrieval pursuant to a court order. This means that if you have a case where you are concerned about the disappearance of the data and the other driver will not permit you to download the data pre-suit, you should file suit early and obtain a court order to preserve the data. It may be critical in winning your case.

Contact Our Car Accident Lawyers Today

At Flanagan & Bodenheimer, we are experienced in handling disputed liability cases where the EDR data plays a critical role. In one case, our car accident attorneys used the EDR data to show the reckless conduct of a driver that resulted in a court permitting punitive damages. The case ultimately settled for more than $2.3 million. If you were injured in a car accident and you would like use to help you with your case, call us as soon as possible so we can analyze the case and make a determination about whether the EDR data should be obtained. If we believe it should be kept, we have experts throughout Florida standing by that can go to the location of the vehicle and download the data.

From 2012-2017, there were 2,506 fatal crashes during the holiday weekend, killing 2,776 people.

This represents an 18.6 percent increase in fatal crashes over a typical four-day period during those years.

At Flanagan P.A., our Miami car accident attorneys worked with data visualization firm 1Point21 Interactive to analyze nearly 200,000 fatal crash records from the National Highway Traffic Safety Administration.

We isolated all crashes that occurred on Memorial Day weekend during those six years, a period we defined as the four days from Friday through Monday (Memorial Day).

When looking at the data on a year-to-year basis, 2016 was the deadliest year during the study period – with 468 fatal crashes and 523 fatalities – followed closely by 2015 and 2017.

Fatal Crashes on Memorial Day by State

At the state level, Texas led the way by a significant margin in fatal crashes with 269 during the six-year holiday period – 54 more crashes than the next closest state, California.

This table shows the total number of fatal crashes and fatalities in each state, as well as the number of drunk drivers involved.  The ‘Vs. The typical 4 Day Period’ column shows the amount of increase or decrease in fatal crashes during Memorial Day Weekend in relation to the average four-day totals for that state.

Top Cities for Memorial Day Weekend Fatal Crashes

Just as in the state data, Texas cities dominate this list.  Of the 20 cities with the most fatal crashes during Memorial Day weekend, five are located in Texas: San Antonio (21), Houston (21), Dallas (13), Fort Worth (7) and Austin (7).

Rounding out the top 10 are Chicago (17), Los Angeles (15), Indianapolis (10), New York City (9), Memphis (9), Detriot (9), and Philadelphia (7).

Crashes by Time of Day

When are you most likely to be involved in a fatal crash this Memorial Day weekend?

It turns out that 8 – 9 pm is the deadliest hour with 162 fatal crashes – followed by 10 – 11 pm (150) then 4 – 5 pm (143).

Overall, 35 percent of fatal crashes were considered alcohol involved.  However, from midnight to 4 am over 62 percent of fatal crashes involved at least one drunk driver.

Takeaways and Safety Tips

Memorial Day weekend is one of the busiest travel holidays of the year. AAA estimates that over 43 million Americans will kick off their summer with a Memorial Day road trip.  Additionally, this holiday weekend has become synonymous with BBQs and heavy drinking.

If you plan to take to the road this Memorial Day weekend, we at Flanagan P.A. strongly urge you to take these tips:

• Don’t drink and drive – Again, 35 percent of Memorial Day fatal crashes involve drunk drivers.  Alcohol and motor vehicle use is a deadly combination.
• Designate a driver or secure a safe ride – If you do consume alcohol, secure a safe and sober ride home – be it with a designated driver, public transportation, or a taxi or rideshare vehicle.
• Don’t drive drowsy – Taking a long road trip or spending a day in the sun at a BBQ can leave you worn out and drowsy.  Take a rest before you drive and stop if you feel drowsy.
• Don’t engage in distracting behaviors – Texting and driving, using a handheld mobile phone, eating, and many other actions can significantly impair your ability to react to hazards on the road.  It can wait.
• Obey all posted road signs and traffic signals (especially speed limits) – After alcohol, speed is the number one killer on U.S. roadways.  Getting to your destination a few minutes earlier is not worth your life.
• Inspect your vehicle:  Before you drive, walk around your vehicle and inspect your tires to make sure they are properly inflated and have adequate tread.  Don’t put off required maintenance such as brake replacements, oil changes, and regular tune-ups.

With these tips in mind and an understanding of the increased crash risk, we can all enjoy a safe and fun memorial day weekend.

No matter your type of injury, our Miami personal injury lawyers are ready to help you seek justice. Speak with us today at (305) 638-4143.