In Event Data Recorders: Proper Evidence Collection in Criminal, Insurance and Tort Liability Investigations, accident investigation expert witness Shawn Gyorke writes:
Over the last several years, the landscape of traffic accident reconstruction and insurance claims investigations has changed dramatically at the hands of technological advances such as event data recorders (vehicle black box technology). This technology has been challenged on numerous occasions and generally been found to be reliable and admissible under both Frye and Daubert paradigms ยน.
The requirement for law enforcement and private insurers to collect and consider this type of evidence in their investigations has not been clearly defined. Law enforcement, insurance investigators and litigators may need to heighten their efforts in the preservation of this critical evidence. A failure to properly memorialize this evidence may ultimately result in evidence spoliation claims by criminal defendants, as well as claims of bad faith by parties involved in civil litigation.