The National Highway Traffic Safety Administration is pushing for a rule that would have an impact on the evidence that car accident lawyers can utilize in making their cases at trial: a requirement that car makers install “black boxes” in all new cars to record accident data.
Maybe. The reality is that most everyone already has a black box in their car. The problem is that the feds don’t propose who owns and has access to the data. Certainly, the federal government realizes the privacy implications of this and that every state has different laws in this regard. But there is a simple solution: let the car’s owner own the data. This would protect privacy and still give plaintiffs’ lawyers the ability to seek the records in discovery.
Personally, if I were king, I would just require the owners of the vehicles to share the information with the NHTSA because it would be a virtual treasure trove of information to help make cars safer. But we have a libertarian bent in this country that often chooses increased risk over minor privacy violations. And people with conspiracy theories assume this will be used by police and the insurance companies. That is not going to change.