Nassau Decision Paves Way to Greater Use of 'Black Box' Evidence

Publication Source: New York Law Journal

Based upon what is likely to become a leading decision by the Supreme Court in Nassau County, the brave new world of litigation is about to welcome a new technological creature that could very well rival e-mail as a compelling force in the adjudication of civil claims. On January 5, 2005, Justice Alan L. Honorof issued his decision in People v. Slade, a criminal manslaughter case arising from an automobile collision, ruling that information from a car's 'black box' can be admitted into evidence at trial.[1] Although the decision arises from a criminal case, the opinion obviously has broad implications for any civil litigation involving automobile accidents.

Since 1990, certain manufacturers have been installing a device known as a sensing diagnostic module ('SDM') in passenger cars.[2] Because they record data similar to the devices installed on airplanes and trains, the SDM has been informally referred to as the automobile's 'black box.' Although the primary purpose of the SDM has been to manage airbag deployment, the boxes have become increasingly more 'intelligent' over the years.[3] The SDM can now reveal critical information concerning the circumstances of a collision just seconds before impact, including the speed of the vehicle, engine RPMs, how far the accelerator pedal was pressed, if the brakes were applied, whether the driver's seatbelt was buckled, changes in velocity and what warning lights were on. Moreover, a company known as Vetronix Corporation has produced a mechanical device known as a “crash data retrieval system” (“CDR”), which allows for downloading this information into a laptop computer with the relative ease of connecting a wire to a plug located under the car’s dashboard, which will then generate reports for use in accident reconstruction.[4] According to data compiled by Vetronix, the CDR can retrieve SDM data in Ford, Lincoln and Mercury models and a number of General Motors models, including Buick, Cadillac, Chevrolet, GMC, Hummer, Isuzu, Oldsmobile, Pontiac and Saturn.[5] It is anticipated that many other cars will include black boxes of some type in the near future. Indeed, at least one bill has been introduced in the New York State Assembly requiring every new motor vehicle registered in the State of New York to be equipped with a black box device.[6]

Legal Issues

It does not require much imagination to anticipate how the data from a car's black box might be used in civil litigation. As a result of this emerging technology, courts are likely to face various legal issues. First, is the data obtained from the black box admissible evidence? If it is admissible, what weight should be given to the data in resolving the relevant issues? That is, can the results be relied upon as conclusive evidence supporting a motion for summary judgment or should the data be used simply as corroborative evidence, along with other factual findings and testimony of eyewitnesses? Finally, what are the consequences if data from the black box is not preserved or made available in discovery?

In People v. Slade, Justice Honorof was confronted with a number of issues arising from the Nassau County Police Department's removal of the black box from the Corvette driven by one of the defendants, who was accused of traveling 100 miles per hour along side the other defendant’s car, resulting in a fatal collision with a third vehicle and the death of its two occupants. Once the black box was removed, the police downloaded the information into their computer. After refusing to grant the defendants' motion to suppress the black box and information obtained from it, finding that a subsequent search warrant validated the police's seizure of the black box, Justice Honorof addressed the admissibility of such evidence.

Read the full article in the attached PDF.

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Kevin Schlosser is a Shareholder at Meyer, Suozzi, English & Klein, P.C., where he is Chair of the Litigation and Alternative Dispute Resolution Department which has a full roster of available private judges from virtually all disciplines of law. Mr. Schlosser also authors the popular blog, “New York Fraud Claims,” which analyzes the latest developments concerning civil fraud claims under New York law.

Reprinted with permission by the New York Law Journal.