Who owns the EDR data and can I get the other driver’s black box record?

· 2 min read

The data inside a vehicle’s event data recorder belongs to the vehicle’s owner, not to anyone who wants to see it. That ownership rule shapes how, and whether, an injured person can reach the other driver’s black box record in a Georgia case.

Ownership rests with the vehicle owner

Under the federal Driver Privacy Act of 2015, the data recorded by a vehicle’s EDR is the property of the owner or lessee of that vehicle. This federal rule applies in Georgia and means a person cannot simply demand a download of another driver’s data. Access generally requires the owner’s consent or legal authorization, with recognized exceptions such as a court order or a law-enforcement investigation.

That ownership framework protects the other driver’s data while still leaving lawful routes to obtain it when the data is relevant to a crash.

Getting the other driver’s data

When the owner will not voluntarily share the record, the usual path is the litigation process:

  • Consent. If the other driver or owner agrees, the data can be downloaded by a qualified technician.
  • Discovery in a lawsuit. Once a suit is filed, a party can seek the EDR data through formal discovery, and a court can order it produced or order an inspection of the vehicle to retrieve it.
  • A preservation demand. Before the car is repaired or scrapped, a written request to preserve the vehicle and its data helps prevent the record from being lost, which courts take seriously as a spoliation concern.

Timing is critical, because a damaged vehicle is often repaired, sold, or salvaged within weeks, and with it the data can disappear.

Practical hurdles

Even with a right to the data, practical issues remain. The vehicle must still exist and be accessible, the download must be done correctly to be reliable, and interpreting the result requires an expert. If the case reaches trial, the data must satisfy Georgia’s foundation and expert-testimony requirements under O.C.G.A. § 24-7-702 to be admitted.

The bottom line

EDR data is owned by the vehicle’s owner or lessee under the federal Driver Privacy Act, so reaching the other driver’s black box record in Georgia ordinarily requires consent or a court order obtained through discovery. Because the data can vanish when the vehicle is repaired or sold, sending a prompt preservation demand and pursuing it in litigation are the keys to securing it.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

Related:

  1. Can the car’s black box or EDR data prove fault in my Georgia crash? Data from a vehicle's event data recorder can be powerful evidence of how a Georgia crash happened. Often called the car's "black box," the EDR captures objective readings in the......
  2. What is ELD black-box data and why does it matter after a truck crash? An electronic logging device, often called the truck's black box for hours of service, automatically records a commercial driver's time behind the wheel and on duty. After a crash, that......
  3. Can a motor carrier be liable for keeping a driver with a bad record? Yes. A carrier that hires or continues to employ a driver it knew or should have known was dangerous can be held responsible for harm that driver later causes. Georgia......
  4. Does it help my Georgia case if the store has no record of inspecting the aisle? A missing inspection record can be a meaningful piece of a Georgia slip-and-fall claim. While the absence of paperwork does not win a case by itself, it bears directly on......
  5. Where does a hospital have to record its lien for it to attach in Georgia? The place of filing is a specific requirement, not a formality, and a lien recorded in the wrong office may not be effective. Under O.C.G.A. § 44-14-471, a hospital must......
  6. Who is liable if I slipped on black ice in a Georgia business parking lot? Black ice presents a twist on the usual outdoor-ice problem because its defining feature is that it is nearly invisible. That hidden quality can actually help an injured person in......
  7. Who is at fault for sliding on black ice on a Georgia bridge or overpass? A driver who slides on black ice while crossing a Georgia bridge is not automatically excused, because bridges and overpasses freeze before the surrounding roadway and a careful driver is......
  8. What dashcam and telematics data should I demand after a truck crash? Modern commercial trucks generate a stream of electronic data that can settle disputes about speed, braking, and driver behavior in the seconds before impact. After a Georgia truck crash, the......
  9. Can police call logs and crime data prove a Georgia property owner knew of the danger? Records of police activity and local crime can be among the most useful evidence in a Georgia negligent-security case. They speak directly to foreseeability, the question of whether a property......
  10. Are truck drivers required to undergo FMCSA drug and alcohol testing after a crash? In defined circumstances, yes. Federal motor carrier rules require post-accident drug and alcohol testing of commercial drivers after certain serious crashes, and whether that testing happened, and what it showed,......
  11. Do Georgia drivers have to yield at an unmarked crosswalk where two streets meet? Yes. Georgia's crosswalk yield rule reaches unmarked crosswalks, not just the ones painted on the pavement. Where two streets meet at an intersection, the law generally treats the area connecting......
  12. Must Georgia drivers obey a school crossing guard’s hand-held stop sign? A school crossing guard who is authorized to control traffic gives orders that drivers in Georgia are legally bound to follow. When such a guard raises a hand-held stop sign......
  13. What duties do Georgia drivers have for pedestrians in a marked school zone? In a marked school zone, Georgia drivers carry the same core obligations they owe pedestrians everywhere, plus the reduced speed and extra vigilance the zone is designed to require. The......
  14. Do Georgia drivers owe extra care toward children or visibly impaired pedestrians? Yes. Georgia law expects more from a driver who sees a child or an obviously vulnerable person than from one passing an alert adult. The general duty of reasonable care......
  15. What does Georgia’s share-the-road duty require drivers to do around cyclists? Georgia law puts concrete obligations on drivers around cyclists, the most specific being a minimum passing distance. The duty to share the road is not just a slogan on a......

Leave a Reply