Cars' `Black Boxes' Hold Crash Data, New Privacy Issues [manslaughter conviction on black box data]

Newhouse News Service ^ | June 10, 2003

[John Jorsett]

When Edwin Matos killed the girls, he didn't know his car would become a witness for the prosecution.

Like millions of Americans, Matos had no idea his car contained an electronic device recording what he did just before the crash, but it was information that would help send him to prison.

Matos was driving the 2002 Pontiac Trans Am in a 30 mph zone of a suburb near Fort Lauderdale, Fla., when the car driven by a teenage girl pulled out of a driveway into his path.

The driver and her friend died instantly.

Defense lawyer Robert Stanziale said Matos was going about 60 mph. Assistant State Prosecutor Michael Horowitz said that his accident investigator calculated Matos was traveling about 98 mph. The electronic data recorder in Matos' car showed his peak speed was 114 mph in the seconds before the crash.

Last month, the information from the EDR helped convict Matos of two counts of manslaughter and two counts of vehicular homicide.

Matos, 47, is scheduled to be sentenced this Friday. He faces a minimum of 22 years and a maximum of 30 years in prison.

While most people are familiar with the black boxes in aircraft, which also serve as event data recorders, few motorists know there are similar devices in their vehicles as part of the system that controls air bags. Only 36 percent of the 38,000 people surveyed by the Insurance Research Council were aware of EDRs.

But at least 10 million vehicles have them, estimated Philip W. Haseltine, president of the Automotive Coalition for Traffic Safety, a lobbying group in Arlington, Va.

The most sophisticated EDRs collect pre-crash information including the speed of the vehicle, whether the driver was accelerating or braking and whether the seat belts were buckled.

The collection of such information has excited a wide range of groups for different reasons, and EDRs have the potential to become one of the more controversial issues in the auto industry.

Safety researchers see EDRs as an excellent way to get more detailed information about real-world crashes so they can see how to improve safety.

Insurance companies see EDRs as a way to determine who is at fault in an accident and whether seat belts were used. One day they could also allow an insurance company to know who is naughty and nice in everyday driving.

The courts see EDRs as an new tool to determine the guilt or innocence of people involved in serious, criminal accidents.

Privacy groups see EDRs as electronic snoops and a threat to privacy. Consumers Union, the nonprofit group that publishes Consumer Reports, says "there are significant potential dangers" to motorists' privacy.

The prime role of EDRs has been to control air bags and to record information about how well they worked during a crash. General Motors Corp. took the lead in collecting more information.

Starting with the 1999 model year, all GM vehicles had EDRs programmed to record about five seconds of pre-crash information. That included whether the driver was accelerating or braking and the speed of the vehicle, according to a study by the National Highway Traffic Safety Administration.

The idea was to learn more about how to improve crash performance. After selected, serious crashes, GM would collect the information with the permission of the owner of the vehicle, said Jim Schell, a GM spokesman.

GM routinely shared that information with the highway traffic safety administration.

While all vehicles with air bags use EDRs, other automakers have not been as quick to increase the amount of information recorded. Some are worried that consumers may resent having such personal information collected and they're waiting to see what happens to GM, Haseltine said.

Those include Ford Motor Co. and Chrysler Corp., where company officials say they generally have limited capability on their EDR systems.

"We don't want our vehicle owners thinking that their manufacturer is conspiring against them," said Rick Ruth, Ford's manager of design analysis.

So far, GM doesn't appear to have suffered any public backlash, said Haseltine, whose group is funded by major automakers. But he acknowledges that could be because relatively few people know about the devices and how they could be used.

During the Florida case, the accuracy of the EDR was challenged by Matos' lawyer, Stanziale, in several areas.

He argued that it was new technology and that it had not been accepted or proven. The judge dismissed that argument in the face of various studies by groups including NHTSA.

Stanziale also argued that Matos had modified his Trans Am, changing the size of the tires and even the engine's software to make it faster. That, he said, would have caused the EDR to make wrong calculations.

Horowitz said there was no proof the changes affected the EDR.

Horowitz contends the EDR played an important role in convincing the jury because it was part of the car's safety equipment and was simply recording the information. "It is not for the prosecution or defense," he said.

The devices can provide important information ranging from the force of the impact to how the air bag deployed. That all helps investigators to understand "the nuances of a crash," said Sean Kane, a partner in Strategic Safety, a safety research firm based in Alexandria, Va.

But for the complete crash picture, EDR information must be considered along with other crash investigation techniques, Kane said.

Generally, EDRs have been found to be accurate, but not perfect, according to studies by groups like NHTSA and its Canadian counterpart, Transport Canada.

There is a need to use caution, warned one Transport Canada study. "It is evident that, in certain situations, the stored data may not correspond to the actual situation in the vehicle."

Automakers say the information collected by EDRs belongs to the owner or the person who leased the vehicle and they will not download it without permission. But that doesn't mean others can't get it.

In the Matos case, a judge issued a search warrant allowing the prosecution to harvest the information.

Criminal court cases involving EDRs have been rare, but industry observers expect them more often as the number of vehicles with EDRs increases.

That may make many people unhappy. Fewer than half of the 38,000 surveyed by the Insurance Research Council favored the use of EDRs to investigate accidents and determine fault.

But the insurance industry maintains EDRs are a good idea because the information can help determine what really happened, said Sean McManamy, a spokesman for the American Insurance Association, a lobbying group.

Consumers Union has warned the NHTSA that without regulations to limit the disclosure of such information, there is the potential for abuse, such as insurance companies requiring consumers to have EDRs and make the information available as a condition for providing insurance.

Such electronic devices also raise the possibility of routine monitoring of how customers drive.

[.45MAN]

If they have probable cause, yes..... The accident was probable cause.. We still have laws that protect those in the right even if you don't think so....

[dansangel]

The cops will be coming by your house later on today, just to have a look around. You'll let them in, right, 'cause you don't have anything to hide...

This is a rather extreme statement. We still have the 4th Amendment which requires "probable cause" for a search warrant.

I think two deaths at an estimated 98 MPH impact (that info is without the benefit of the black box) is "probable cause" enough.

[KarlInOhio]

That marriage is only legal if you consummate it. Please don't post pictures. :-)

[MineralMan]

"That marriage is only legal if you consummate it. Please don't post pictures. :-)"

Unless he has one of those rice boy mufflers. _That_ I have to see. [grin]

[ContemptofCourt]

1996 Model Cars

The following list is of 1996 model cars that come standard with EDRs, according to the Accident Reconstruction Network:

Buick Riviera
Buick Skylark
Chevrolet Astro
Chevrolet Camaro
Chevrolet Cavalier
Chevrolet Express
GMC Safari
GMC Savana
Oldsmobile Achie
Oldsmobile Aurora
Pontiac Firebird
Pontiac Grand AM
Pontiac Sunfire
All Saturn models
1997 Model Cars

The following list is of 1997 model cars that come standard with EDRs, according to the Accident Reconstruction Network:

Buick Century
Buick LeSabre
Buick Park Avenue
Buick Regal
Buick Riviera
Buick Skylark
Cadillac Deville
Cadillac Eldorado
Cadillac Commercial Special
Cadillac Seville
Chevrolet Astro
Chevrolet Camaro
Chevrolet Cavalier
Chevrolet Corvette
Chevrolet Express
Chevrolet Lumina
Chevrolet Malibu
Chevrolet Monte Carlo
Chevrolet Silverado
Chevrolet Suburban
Chevrolet Tahoe
Chevrolet Venture
GM EV1
GMC Safari
GMC Savana
GMC Sierra
GMC Yukon
Oldsmobile Achieva
Oldsmobile Aurora
Oldsmobile Cutlass
Oldsmobile Eighty Eight
Oldsmobile Silhouette
Pontiac Bonneville
Pontiac Firebird
Pontiac Grand AM
Pontiac Grand Prix
Pontiac Sunfire
Pontiac Trans Port
All Saturn models

1998 Model Cars

The following list is of 1998 model cars that come standard with EDRs, according to the Accident Reconstruction Network:

Buick Century
Buick LeSabre
Buick Park Avenue
Buick Regal
Buick Riviera
Buick Skylark
Cadillac Commercial Special
Cadillac Deville
Cadillac Eldorado
Cadillac Seville
Chevrolet Astro
Chevrolet Blazer
Chevrolet Camaro
Chevrolet Cavalier
Chevrolet Corvette
Chevrolet Express
Chevrolet Malibu
Chevrolet Monte Carlo
Chevrolet Lumina
Chevrolet S10
Chevrolet S10 electric
Chevrolet Silverado
Chevrolet Suburban
Chevrolet Tahoe
GMC Jimmy
GMC Safari
GMC Savana
GMC Sierra
GMC Sonoma
GMC Yukon
Oldsmobile Achieva
Oldsmobile Aurora
Oldsmobile Bravada
Oldsmobile Cutlass
Oldsmobile Eighty Eight
Oldsmobile Intrigue
Pontiac Bonneville
Pontiac Firebird
Pontiac Grand AM
Pontiac Grand Prix
Pontiac Sunfire
All Saturn models

1999 Model Cars

The following list is of 1999 model cars that come standard with EDRs, according to the Accident Reconstruction Network:

Buick Century
Buick LeSabre
Buick Park Avenue
Buick Regal
Buick Riviera
Cadillac Commercial Special
Cadillac Deville
Cadillac Eldorado
Cadillac Escalade
Cadillac Seville
Chevrolet Astro
Chevrolet Blazer
Chevrolet Camaro
Chevrolet Cavalier
Chevrolet Corvette
Chevrolet Express
Chevrolet Lumina
Chevrolet Malibu
Chevrolet Monte Carlo
Chevrolet S10
Chevrolet S10 Electric
Chevrolet Silverado
Chevrolet Suburban
Chevrolet Tahoe
GM EV1
GMC Jimmy
GMC Safari
GMC Savana
GMC Sierra
GMC Sonoma
GMC Yukon
Oldsmobile Alero
Oldsmobile Aurora
Oldsmobile Bravada
Oldsmobile Cutlass
Oldsmobile Cutlass
Oldsmobile Eighty Eight
Oldsmobile Intrigue
Pontiac Bonneville
Pontiac Firebird
Pontiac Grand AM
Pontiac Grand Prix
Pontiac Sunfire
All Saturn Models

2000 Model Cars

The following list is of 2000 model cars that come standard with EDRs, according to the Accident Reconstruction Network:

Buick Century
Buick LeSabre
Buick Park Avenue
Buick Regal
Cadillac Commercial Special
Cadillac Deville
Cadillac Eldorado
Cadillac Escalade
Cadillac Seville
Chevrolet Astro
Chevrolet Blazer
Chevrolet Camaro
Chevrolet Cavalier
Chevrolet Corvette
Chevrolet Express
Chevrolet Impala
Chevrolet Lumina
Chevrolet Malibu
Chevrolet Monte Carlo
Chevrolet S10
Chevrolet Silverado
Chevrolet Suburban
Chevrolet Tahoe
Chevrolet Venture
GMC Jimmy
GMC Safari
GMC Savana
GMC Sierra
GMC Sonoma
GMC Yukon
Isuzu Hombre
Oldsmobile Alero
Oldsmobile Bravada
Oldsmobile Intrigue
Oldsmobile Silhouette
Pontiac Bonneville
Pontiac Firebird
Pontiac Grand Am
Pontiac Grand Prix
Pontiac Montana
Pontiac Sunfire
All Saturns except the LS

2001 Model Cars

The following list is of 2001 model cars that come standard with EDRs, according to the Accident Reconstruction Network:

Buick Century
Buick Park Avenue
Buick Regal
Cadillac Commercial Special
Cadillac Deville
Cadillac Eldorado
Cadillac Escalade
Cadillac Seville
Chevrolet Astro
Chevrolet Blazer
Chevrolet Camaro
Chevrolet Cavalier
Chevrolet Corvette
Chevrolet Express
Chevrolet Lumina
Chevrolet Malibu
Chevrolet S10
Chevrolet Silverado
Chevrolet Suburban
Chevrolet Tahoe
Chevrolet Venture
GMC Jimmy
GMC Safari
GMC Savana
GMC Sierra
GMC Sonoma
GMC Yukon
Isuzu Hombre
Oldsmobile Alero
Oldsmobile Aurora
Oldsmobile Bravada
Oldsmobile Intrigue
Oldsmobile Silhouette
Pontiac Firebird
Pontiac Grand Am
Pontiac Grand Prix
Pontiac Montana
Pontiac Sunfire
All Saturns except the LS

2002 Model Cars

The following list is of 2002 model cars that come standard with EDRs, according to the Accident Reconstruction Network:

Buick Century
Buick LeSabre
Buick Park Avenue
Buick Regal
Buick Rendezvous
Cadillac Commercial Special
Cadillac Deville
Cadillac Eldorado
Cadillac Escalade
Cadillac Seville
Chevrolet Avalanche
Chevrolet Astro
Chevrolet Blazer
Chevrolet Camaro
Chevrolet Cavalier
Chevrolet Corvette
Chevrolet Express
Chevrolet Impala
Chevrolet Lumina
Chevrolet Malibu
Chevrolet S10
Chevrolet Silverado
Chevrolet Suburban
Chevrolet Tahoe
Chevrolet TrailBlazer
GMC Envoy
GMC Safari
GMC Savana
GMC Sierra
GMC Sonoma
GMC Yukon
Isuzu Hombre
Oldsmobile Alero
Oldsmobile Aurora
Oldsmobile Bravada
Oldsmobile Intrigue
Pontiac Aztec
Pontiac Bonneville
Pontiac Firebird
Pontiac Grand Am
Pontiac Grand Prix
Pontiac Sunfire
All Saturns except the LS

[Ramius]

Recording the highest speed you've driven could only be cause for a ticket if it was hooked to GPS data, without that there's no way to prove you were on a public road and the speed was illegal.

Unless that number was, say, 135. :-)

[mewzilla]

As long as the info is accurate, what's the worry?

[jim_trent]

It is not just GM cars. We recently had a case here where the "black box" provided information to prove that two policemen were lying. It was in a Ford.

I would be willing to bet that all cars that have air bags have these recorders. They were put in originally to protect the car companies against claims that the air-bag either failed to deploy during an accident or that it deployed too soon, causing the accident. Just that information alone was not enough to stand up in court. All the surrounding information was needed.

One thing that has been pointed out (but some people are ignoring) is that it only lasts for 5 seconds and then is recorded over. If it ACCURATELY records what is happening in the 5 seconds before an accident violent enough to cause the air bags to go off, that is OK by me. I figure I have a better chance proving that I was NOT breaking the law than someone else has proving I WAS breaking the law.

It would have helped several years back when my car was hit by a driver who ran a red light. Although he had several accidents against him, no insurance, and a suspended license, the judge ruled that none of that could be brought up in court. And, he lied, lied, lied when he was on the stand. I had to collect from MY insurance. He never paid a dime.

[KarlInOhio]

Whenever you buy a new car, rent some time at a racetrack and keep the receipt. Unless the computer keeps a record of time and location, you can always claim you did that track. Nothing illegal about 135 on private property.

[MosesKnows]

As long as they aren't

How will you know when they are?

[Ramius]

I think you're on the right track.

Facts, in this case the logging data, are neither inherently good nor evil. It is the preservation of due process, or the erosion of due process that is the critical matter here. As long as there is probable cause or a warrant then this is merely another "witness" to the accident. In that situation, it would be wrong to suppress the evidence.

[PatrioticAmerican]

A device that can record such information is a good thing. It is a bad thng if you can be tracked 24 x 7 or in real-time.

[dansangel]

I am truly sorry for your troubles with your court case. It goes to show that a little help from an electronic surveillance device can go a long way in *helping* those that are in the right.

That said, I'm intrigued by your opening story where a *Ford's* device helped a case involving two lying police officers.

The posted article had one of Ford's mouthpieces stating that his company would *never* "spy" on their customers. Truly a sparkling testimonial to make GM look bad when all the while he was lying through his teeth.

Priceless.

[Sir Gawain]

Stanziale also argued that Matos had modified his Trans Am, changing the size of the tires and even the engine's software to make it faster. That, he said, would have caused the EDR to make wrong calculations.

Horowitz said there was no proof the changes affected the EDR.

If you change the tire diameter, how does the EDR know? There's no possible way. You could put 13 inch wheels on the car and it will record you doing 100 mph when you're only doing 70 or so.

[dansangel]

As long as there is probable cause or a warrant then this is merely another "witness" to the accident. In that situation, it would be wrong to suppress the evidence.

You hit the nail on the head with more directness than I. Thank you.

[billbears]

Good grief. Thank you. Reading down this thread I was wondering what site I was on!! Looked more like a 'our government likes us and would never use such materials to actually harm us' lovefest than anything. Granted two young ladies are dead and the man should go to jail, but danged if I want a black box put in there by anybody used against me in a court of law

[discostu]

On private property it's perfectly legal to do 135, you're insurance company might get a little irrate, but that's why private race tracks have all kinds of waivers for you to sign that make you temporarily uninsured while driving there.

[jim_trent]

I have posted about this before. The cars were Ford Crown Vics that were being used as police cars. Two policemen (in two different Crown Vics) were racing to a non-critical call. They collided. One said that the car went dead on him as he was coming up to the stoplight. The other one backed him up.

Turns out (from the black box) that the car was working perfectly. One guy ran a red light when it was policy NOT to do so with that type of call. The other guy backed him in the lie. They challenged the accuracy of the black box, but lost. Both were suspended for three days. Both appealed to the Personnel Board that this was "excessive", but were overruled.

Perhaps Ford only does this on Police Cars, but I would doubt it.

[hopespringseternal]

How will you know when they are?

Because they will have to physically retrieve the data without charging you with anything.

Besides, the information stored is pretty limited in duration. It isn't like they could pull the information and tell whether you have been speeding, because I believe it only stores a few seconds worth of information.

[jim_trent]

It should be real easy to find the dimeter of the tires on the car at the time of the crash and compare the circumference to the originally installed tires. In most cases, it won't make more than a couple percent difference. Who really cares if he was going 114mph, or 112mph. You can bet that the lawyer did not do that (did not submit proof according to the article) because that is what it would have shown.