The Black Box Accident Reconstruction

10/31/13

The Black Box
&

Accident Reconstruction

Stephen E. Van Gaasbeck
5511 I-10 West Suite 2

San Antonio, Texas 78201
(210) 260-4021
[email protected]

USE OF EDR DATA IN COURT
SYSTEM IS INCREASING

Automobile Defect Cases
Automobile Negligence Cases
Criminal Cases

1

10/31/13

The First Myth – The Black Box
Not Black

Courts Accept EDR Reports
Law Enforcement Accepts EDR Reports

Jurors Accept EDR Reports

“The Unbiased Witness in the Car”

2

10/31/13

ILLINOIS APPELLATE COURT UPHELD
ADMISSION OF EDR DATA IN PRODUCT CASE

“the process of recording and downloading SDM data
is sufficiently established to have gained general
acceptance in the relevant scientific community”

Bachman v. General Motors Corp. 776 N.E.2d 262 (Ill.App. 4
Dist. 2002)

New Jersey vs. Higbee

“Judge Batten ruled …that information
collected by the EDR through the power-
train control module and restraint-control
module inside the car was reliable.” News
Account
"The event data recorder has certainly
been generally accepted by the scientific
community," Trial Judge

3

10/31/13

The Uncritical Acceptance EDR Data
Reports is a Dangerous Mistake

Ignorance of the Systems
Dishonest Representations of Counsel
Lazy Courts
NHTSA’s Misleading Public Statements

Basic Assumption is Wrong

The Incorrect Assumption that All Data
Recorder Systems are identical
They Are NOT

4

10/31/13

NO STANDARD EDR SYSTEMS

SYSTEMS DIFFER ON EVERY LEVEL

-  VETRONIX VS. PROPRIETATY SYSTEMS
-  ALL MANUFACTURERS SYSTEMS DIFFERENT
-  MODELS OF SAME MANUFACTURES DIFFER
-  DIFFERENCES IN TYPE, AMOUNT OF DATA
-  DIFFERENCES IN TIMING OF COLLECTION
-  DIFFERENCES IN DIAGNOSTICS
-  DIFFERENCES IN DOWNLOADING PROCESS
-  DIFFERENCES IN OVERWRITTING
-  DIFFERENCES IN RELIABLITY
-  DIFFERENCES IN WHAT IS REPORTED

FALSE DATA CAN STEAL JUSTICE

Belted Status
Warning Light
Pre-Collision Braking Data
Pre-Collision Accelerator Use
Pre-Collision Vehicle Speed
Pre-Collision Engine Speed
Air Bag Suppression
Deployment Timing
Deployment Stages
Fault Codes

5

10/31/13

Seat Belt Error

Belt Cut Off By EMS
EDR Report “Unbuckled”

Vehicle Speed

Delta V is
.23 mph

6

10/31/13

Is This A 1.9 mph Delta V?

1.9 MPH Delta V

Photos Say They Error: Report Says
Were NOT Air Bags were
Deployed

7

10/31/13

Differences in Systems

2002 JAPANESE DOWNLOAD
128 Data Addresses

1996 GMC “VETRONIX” DOWNLOAD

REPORT HEXADECIMAL DOWNLOAD
656 Data Addresses

8

10/31/13

Data Disclaimer

The Report Does Not Translate All of the Hex Data
AND
The CDR Does Not Download All of the Data

HEXIDECIMAL DATA
REPRESENTED IN
THE
DOWNLOAD REPORT
IS HIGHLIGHTED IN
YELLOW

9

10/31/13

False Assumption 2

That the Party Performing the Download
is Merely an Impartial Technician
This is Very Often Not True

False Assumption 3

The Black Box is an Impartial and
Unerring Witness to the Crash

“There was a witness in the
car who cannot lie”

Not True

10

10/31/13

Affidavit of BMW in Morales v. Averitt Express

356 District Court, Dimmit County, Texas,
John B. Scofield, Jr.
BMW Agreed to Provide Counsel for Insurance Co. a
Download Report
However When Plaintiff’s Attorney File Motion for System
Documentation to Allow Him to Verify Report, BMW Filed
Affidavit Stating that the Data was Not “Suitable” for
Accident Reconstruction

Is This Conduct Consistent with
Integrity?

BMW was Willing to Help Out an Ally in the
Insurance Defense Industry with a Download

that it Admits is Not Meant nor Suitable for
the reconstruction of an accident.

Why?

When were they Going to Tell the Plaintiff?

Why runaway when confronted with a
procedure which would assure a fair
download and interpretation?

11

10/31/13

TOYOTA DATA RECORDER
MANUAL

Toyota Claims its Data Recorder is Unreliable
Toyota’s website Says it Does not Perform
Downloads
But … Toyota Hounded the Wife of an
Unrepresented Brain Injured Man Whose Toyota
Air Bag did not Deploy in a Severe Frontal
Collision to Allow it to Download his EDR

12

10/31/13

TECHINCAL CAUSES OF ERRORS
(Examples)

EXAMPLE: THE FALSE
“BELT UNBUCKLED” REPORT

GM Position at Mediation was
That the Client was Unbelted

13

10/31/13

The No Data “00” Belted Data Address

Hexadecimal
Decoding

Delta V Errors

Resonate Frequency
- Vibration Causes Movement of Sensing Mass in

Accelerometer resulting in false g reading
Saturated Accelerometer
- Actual g’s in collision exceed capacity of the

Accelerometer – can cause over calculation or under
calculation of Delta V
Misaligned Accelerometer
-  Can under and Over Calculate Delta v (e.g. 45 Degree
Sensors)
Cheap Timers

14

10/31/13

Accelerometer is Saturated – Delta V
Error

Download from Richard Ruth CDR Paper

PREVIOUSLY RECORDED DATA
Not Zeroed Out -- Ford PCM Disclaimer

GM Deponent also Confirmed
Previous Data is Not Zeroed Out

15

10/31/13

Proof of Inadvertent
Deployment In Unreported
Data

Official Report Says that the Air
Bag
Deployment was Proper
But-----
Engineers Private Worksheet
Had Fault Code Proving
Unnecessary Deployment

Timing of Calculations
Download Says “Unbuckled”

16

10/31/13

PRE-CRASH DATA

Was this really an Accident that Started at 19 mph – Was There Really a 1 mph Collision?

Not a Frontal Accident
It was a Rollover Accident

Significance?
-  Inaccurate Speed Calculations – Starts

Recording 5 sec’s prior to AE, not beginning
of accident
-  Rollover Going on For Several Seconds Prior
to Algorithm Enable
-  Belt could unbuckle during rollover – prior to
AE

17

10/31/13

GMC’S Belt Status Fail Safe Measures
Ø  Incorporates a 40 ms time period

Ø  Disables Switch Sensing at Enable

Algorithm Enable Either Does Not Occur in Rollover/Rear
Impact/Side Impact or It is Late
Default at Key On is “buckled”
Do Other Companies Incorporate Fail-Safe?

1. BELTED STATUS DETERMINED BY
VOLTAGE -- NOT A SWITCH

2. BELT CIRCUIT NOT DIAGNOSED
3. DEFECT COULD BE IN BCM

18

10/31/13

VOTAGE FLUCTUATIONS PRIOR TO
COLLISION -- UNREGULATED POWER

PARTIAL ENGAGEMENT OF BELT???

UNBUCKLING BEFORE ALGORITHM
ENABLE --- Rear End, Side Impact, Rollover

UNBUCKLING DURING THE CRASH
ROLLOVERS LONGER THAN 40ms

ALGORITHM RESETS AFTER 40ms

CHANGE of BELTED STATUS CRITERIA

Real World Example

Data Report from Accident
with a Deployment and

Non-Deployment in Same
Ignition Cycle

19

10/31/13

2002 Olds Bravada Deployment File --- Same Ignition Cycle

2002 Olds Bravada Non-Deployment File Same Ignition Cycle

20

10/31/13

Collision with 2 Contact Events

Deployment

Non-Deployment

So Did the Driver Buckle His Seatbelt During the Collision?

21

10/31/13

Obstacles To Honest Download

“Proprietary” Systems
Dishonest Technicians
Auto Manufacturer’s Deliberate Obstruction
Failure to Enter Effective Download Protocol
Failure to Obtain Discovery of Interpretive Documents
Blind Faith in Technology

Obstacles: “Proprietary” Systems

Process Not Transparent – Totally in Hands of Potential Defendant
Programmable Download Systems - Download of Selected Data

Can Select the Specific Data Downloaded
Can Chose to Request Only a Summary of Some Data --- Example:
Fault Code Summary
- Will not include itemized hex data for each fault
Download Pre-Programmed Data
- Can Select Option to Report Nominal Data
- Can Produce False Data Report
Can Replace Data

22

10/31/13

Effective Download Protocol

Manufacturer’s Proposed Protocol’s Worthless
-  Only Description of Connecting and Running Equipment
Proper Protocol Provides For:
-  Prior Production of Interpretive Documents
-  Download Performed at Vehicle
-  Every Action and Screen Photographed, Video Taped
-  Description of all Equipment to Be Used
-  Immediate Production of Report AND Hexadecimal Printout
-  Disclosure of Potential to Alter and Damage

WHAT YOU NEED

Ø  THE HEADECIMAL PRINTOUT
Ø  EEPROM MAP (AKA TEMPLATE)

EX: SPECIFIC MAP
EX: HEXADECIMAL DOWNLOAD TOOL
Ø  INTERPRETATIONAL DOCUMENTS
EX: SOFTWARE DEFINITION DOCUMENT
EX: ECU PRODUCT DEFINTION DOCUMENT
Ø  FMEA FOR THE ECU, EDR, SENSORS, & ODS

23

10/31/13

Occupant Detection Systems

" Seat Cushion Based Weight Discrimination

–  Dilemma: Typical Clinic Data for 6 Year Old vs. 5%
Female

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