Proving Automobile Negligence in Florida Using EDR (Black Box) and Cell Phone Data
In serious automobile accident cases, determining who was at fault often requires more than eyewitness statements or police reports. Today, advanced technology offers critical tools that can be used to prove or disprove negligence. At My Affordable Attorney, we help clients across Central Florida build strong cases using vehicle Event Data Recorder (EDR) information and cell phone records. These digital sources often provide compelling, admissible evidence that can change the outcome of a case.
What Is an Event Data Recorder (EDR)?
Most modern vehicles are equipped with an EDR, commonly referred to as a "black box." This device records valuable information about the vehicle's operations in the seconds before, during, and after a crash. Data commonly stored by EDRs includes:
- Vehicle speed
- Brake application
- Acceleration and deceleration
- Seatbelt use
- Steering input
- Airbag deployment
- Engine RPM and throttle position
This data can help reconstruct the events leading up to the collision and either support or contradict the testimony of the drivers involved.
Using EDR Data to Establish Negligence
To succeed in a negligence claim, a plaintiff must establish the following elements:
- Duty of care
- Breach of that duty
- Causation
- Damages
EDR data often speaks directly to the breach element. For example, if a driver claimed to be traveling within the speed limit but the black box shows they were driving eighty-five miles per hour in a forty-five zone, this discrepancy may support a finding of negligence. Florida courts have permitted the use of EDR evidence in civil cases when properly authenticated and relevant to the issues in dispute.
Cell Phone Data as Evidence of Distracted Driving
In addition to EDR downloads, attorneys may seek cell phone records to determine whether a driver was texting, calling, or using apps at the time of the collision. Under Florida law, texting while driving is prohibited. See Florida Statutes section 316.305. If phone data shows the driver was interacting with their phone seconds before impact, this may demonstrate a breach of duty and help prove liability.
Obtaining this evidence typically requires a subpoena, court order, or the consent of the phone’s owner. When properly introduced, phone data can offer:
- Timestamps of text messages or calls
- GPS location data
- App usage logs
- Data transmission history
This information, combined with black box data, creates a more complete picture of how and why a crash occurred.
Legal Framework and Admissibility
Florida courts have addressed the admissibility of EDR data and digital evidence under the Florida Evidence Code. Expert testimony may be required to explain how the data was retrieved and interpreted. Florida courts have held that data collected from EDRs and cell phones can be admissible if properly authenticated and relevant to the facts in issue.
Cases such as Matteo v. State, 45 So. 3d 95 (Fla. 4th DCA 2010), support the use of digital forensic evidence when it meets evidentiary standards.
Protecting and Preserving Digital Evidence
It is essential to act quickly following a crash to ensure digital evidence is not lost. Vehicles may be repaired or destroyed, and phones may be wiped or replaced. At My Affordable Attorney, we send preservation letters to relevant parties immediately and coordinate expert inspections when necessary.
We also advise clients not to discard, alter, or factory reset their phones until we have reviewed their potential evidentiary value.
Serving Daytona Beach and Central Florida
At My Affordable Attorney, we assist clients in Daytona Beach, Deltona, Palm Coast, DeLand, Sanford, Orlando, and throughout Volusia, Flagler, Seminole, and Orange Counties. Our firm leverages technology to uncover the truth and hold negligent drivers accountable. If you were injured in an accident and suspect speed, distraction, or reckless driving played a role, we can help you gather and present the digital evidence needed to prove it.
Contact My Affordable Attorney Today
If you need help proving fault in a Florida car accident case, whether it involves a car, motorcycle, or commercial truck, contact My Affordable Attorney for a free consultation. Learn more about our services by visiting our automobile accident, motorcycle accident, and trucking accident pages.