Many people do not realize that automobiles including eight million Toyotas facing recall for product defects have black boxes called Event Data Recorders (EDRs) that may explain the cause of many Tennessee acceleration auto accidents.¬† Recent reports suggest that Toyota has taken affirmative steps to prevent the disclosure of this black box data.¬† The auto accident lawyers of Nahon, Saharovich & Trotz, PLC (NST Law) recognize the importance of aggressively seeking EDR data to obtain fair compensation for serious injuries or death suffered by you or your loves ones caused by Toyota acceleration auto accidents or other serious auto accidents.
The majority of auto manufacturers routinely provide access to this black box data which can provide information including vehicle speed, accelerator angle, gear shift position, seatbelt use, driver‚Äôs seat angle, brake position and antilock brake system information.¬† However, recent AP reports indicate Toyota Corporation has frequently declined to provide this data to crash victims.¬† Toyota uses a propriety software program that reportedly was loaded on only a single laptop.¬† Toyota has a history of settling lawsuits when plaintiff‚Äôs attorneys pressure Toyota to provide discovery of the EDR data or providing a redacted version with key information blacked out.
The AP reports also suggest that Toyota may have misrepresented what information is even recorded by an EDR in a Toyota vehicle.¬† When the AP initially inquired about what information was recorded by the EDR, Toyota officials failed to include any mention of brake position or the antilock brake system.¬† When AP again contacted Toyota, the company admitted that brake position and antilock brake system information is recorded by the EDR.
Following an Indiana crash, Toyota representatives told the family of the victim that there was ‚Äúno sensor that would have preserved information regarding the accelerator and brake position at the time of impact.‚ÄĚ¬† The victim in the Indiana crash prior to her death had explained to relatives that she was pushing on the brake pedal with both feet but could not get the vehicle to stop.¬† A Toyota technician from California conveniently traveled to Indiana to download the EDR data before it was provided to the police.
It appears that Toyota may have to have covered up EDR information on brake position in other auto accident cases.¬† In a fatal Texas auto accident, the police were told that the EDR information on braking and acceleration were listed as ‚Äúoff.‚ÄĚ¬† The attorney in the case believes that Toyota may have disabled the ability of the EDR to collect braking and acceleration information to avoid discovery by plaintiffs‚Äô attorneys in court cases involving serious auto accidents including fatality accidents.¬† This would provide an explanation for the ‚Äúoff‚ÄĚ message in the Texas case.¬† Toyota lawyers also have argued in litigation that the EDR is an experimental device and not reliable enough to be used for accident reconstruction in auto accident cases.¬† However, EDR devices have been used regularly in Toyota vehicles since 2001.¬† The experienced auto accident lawyers at NST Law will aggressively pursue admission of EDR data in Tennessee acceleration auto accident cases.
The National Highway Traffic Safety Administration released a report earlier this month indicating that 52 people have been killed in auto accidents related to sudden unintended acceleration.¬† However, Toyota has engaged in discovery practices for years designed to prevent disclosure of EDT data that would establish the cause of the accidents.¬† If you are injured in Tennessee in a Toyota acceleration auto accident, it is imperative that the EDR data is preserved.¬† An experienced Tennessee auto accident lawyer will know how to take appropriate steps to obtain the EDR data and avoid destruction of this critical evidence.
At NST Law, we often employ experts and have experience in preserving and obtaining EDT data in Tennessee auto accidents as well as persuasively presenting this evidence to a jury.¬† Super Lawyers has recognized NST Law as one of the top 5% of law firms nationally.¬† If someone you love has been killed or seriously injured in a Toyota acceleration auto accident or any type of Tennessee auto accident, you should contact NST Law today.