By Perry J Zucker
Every automobile accident has proximate cause(s); mechanical and/or operator error(s). The true causes of these accidents rely on the knowledge and the experience of engineers. Newer vehicles have onboard computers that gather limited data on certain aspect of performance; codes, etc. Some of this data (spec) is being used as a phantom "Automobile Black Box - EDR”. Various groups are trying to draw parallel references to the "Airplane Black Box, which is the furthest thing from the truth. Unlike, the "Airplane Black Box", which has the capability of recording positioning, actual travel velocity (speed and direction), safety device(s) utilization, mechanical problems, operating errors, as well as audio in the cockpit / compartment; see specs output.
On October 18, 2003, Mr. Robert Christmann was involved in a fatal automobile pedestrian accident. He was sited for Speeding (NYS VTL 1180 d1) and Failure to Exercise Due Care (NYS VTL 1146). The local police contacted the State police for assistance to conduct an accident reconstruction. At trial the State trooper testified, that he was able to use three (3) methods to determine speed of the defendant's vehicle, they are as: 1) "Head Strike" measurements; measurement of the impact of the pedestrian onto the vehicle's windshield (up to 50% error), 2) Tire marks / accelerometer (up to 41% error). These aforementioned methods have many stacked potential errors. Thirdly, a laptop computer was used to download information from Mr. Christmann vehicle's computer (Sensing Diagnostic Module).
1) Was the data retrieval in the defendant's vehicle a violation of his 4th and 14th Amendments of the US Constitution or Article 1 Section 12 of the NYS Constitution? 2) What standards /specs are in place for the system that will mandate certain accuracy levels?
The "Automobile Black Box - EDR” is currently, not being used for the original intended purpose, which was for diagnosing vehicle related problems by mechanics. This is an important factor, which is based on road conditions and vehicle positions in relationship to the referenced roadway. Motorists should be very concerned about this device and the misuse. The answers to many tough questions will indeed have to be addressed regarding privacy issues, admissibility, and the use of “Automobile Black Box - EDR" data recorders.
Includes the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey (NJ), New Mexico, New York / NY / New York City / NYC, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania (PA) , Rhodes Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
** This article is for informational purposes only. **
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