Accuracy of car 'black boxes' upheld
The Massachusetts Appeals Court yesterday upheld the accuracy of data retrieved from an automobile event-data recorder, which some prosecutors view as the evidence equivalent of DNA in accident reconstruction cases.
Event data recorders are small computers hooked up to a vehicle's air bag system. Somewhat like the "black boxes" on aircraft, the recorders gather data on wheel speed, engine rpms, braking, and acceleration up to five seconds before a crash. Most drivers aren't aware their vehicles have the recorders.
Michelle M. Zimmermann, who was accused of motor vehicle homicide in connection with an accident in 2003 that claimed the life of a passenger, sought to suppress the data taken from the event data recorder on her GMC Yukon.
Zimmermann had told police she was traveling at 20 to 30 miles per hour when she lost control on Argilla Road in Ipswich and hit a tree. The event data recorder indicated her speed was 58 miles per hour. Police said that was too fast given the weather, which was a mixture of rain and snow.
Robert N. Weiner, Zimmermann's attorney, questioned the reliability and accuracy of the information gleaned from the event-data recorder, but trial judge Santo J. Ruman "determined that there was general acceptance in the scientific community of the validity of such data," according to the Appeals Court decision. The Appeals Court said Ruman ruled correctly.
Weiner was out of the country and unavailable for comment. Zimmermann served 99 days in jail before being released in September 2005 on probation.
William J. Melkonian, an assistant district attorney in Essex County, said the Appeals Court decision is the first time an appellate court in Massachusetts has reviewed the legal issues surrounding event-data recorders. He said the decision legitimizes the use of the data, which is obtained through a search warrant.
Accident reconstruction specialists say event data recorders could revolutionize their business. They say the data could be invaluable to insurance companies investigating claims and safety researchers analyzing crash data.
Car manufacturers have been installing event-data recorders in cars since the mid-1970s to serve as the brains of their air bag systems and to gather crash data for improving automobile design. In 1999, General Motors struck a licensing deal with Vetronix Inc. of Santa Barbara, Calif., that allowed anyone with Vetronix equipment to gain access to the information. So far, Ford is the only other manufacturer that has struck a similar deal.
The Massachusetts State Police own a number of Vetronix systems.
Bruce Mohl can be reached at mohl@globe.com.
