In Automobile Accident Cases, Notably Those Involving Airbag Defects, the Japanese Manufacturers Seem to Protect the Black Box Information Like it is the Holy Grail
As an experienced defective airbag attorney, I have had a number of occasions to download the black boxes of many automobiles with a technical expert. The black box is essentially an event data recorder and is a small square box tucked safely away in an inconspicuous position either under the dash or under the front seat of most vehicles. The black box is supposed to record engine speeds, brake acceleration, throttle positions, airbag data, and other information to determine the cause of an accident.
Recently, I participated in a black box download with an expert of one of the Japanese automakers and had difficulty with the manufacturer accessing the black box data due to the fact that the Japanese manufacturer told us that the information contained therein was proprietary and that only their experts could review the information. This attempted roadblock necessitated extensive legal maneuvering and court sanctions to get the correct black box information available for review by our expert.
Recently a Wall Street Journal article addressed this similar issue. Other plaintiffs’ lawyers and clients in auto accident cases note that they have also butted heads with Toyota over access to its black box data. The article noted by contrast that three major Detroit automakers have a black box format that can be read without the involvement of the auto manufacturer using a commercially available tool. In our specific case, the Japanese manufacturer and their lawyers fought at every step and turn to avoid our retrieving the correct black box download data. Our experienced airbag defect lawyers were ultimately successful in the prosecution of our claim involving this overaggressive deployment of an airbag.
Using the Li’l Abner “any plain fool can see” theory, my own gut instinct told me that if there was anything helpful to the automobile manufacturer in their legal process, the same would have clearly been provided. However, if the information was detrimental to a case against them, they would not provide it without a strong and determined fight. Adversity causes some lawyers to break and others to fight harder and break records.
