The role of event data recorders (EDRs) in proving traffic offences

Abstract

Event data recorders (EDRs) are becoming increasingly important in the reconstruction of traffic accidents and road crime. The data recorded by EDRs, such as speed, braking, acceleration and steering, provide accurate information on vehicle movements in the seconds before and after an accident. The paper describes the legal and technical aspects of EDRs and their role in analysing road accidents and establishing liability. The use of EDR data not only facilitates accident reconstruction, but can also serve as essential evidence in court proceedings. In the United States and the European Union, different legal regimes ensure the usability of the data recorded by EDRs, but privacy and accessibility issues remain a challenge.

The study makes recommendations for further development of EDR technology, including increasing the duration of data recording, integrating data with other traffic management systems, and introducing standardised formats to increase the efficiency of forensic and traffic safety investigations.

Aim: The aim of the study is to examine the role of EDR, in particular in the evidence of traffic offences. The data recorded by EDRs are a reliable source of information for reconstructing events before and after accidents, thus contributing to the accurate attribution of responsibility. The research will focus on the extent to which EDR data can assist law enforcement agencies in detecting and prosecuting traffic offences. The study analyses the technical parameters of EDR technology, in particular the types of data recorded, their reliability and their legal usability. It also compares the legal regimes in the United States and continental countries that deal differently with the use of EDR data as evidence. The research also aims to identify current regulatory and technical limitations and to make recommendations for better integration of EDR data into road safety and criminal investigations.

Methodology: The authors used a documentary analysis, which included an examination of relevant legislation, international and domestic regulations and court rulings on the use of EDR data as evidence. Another important element of the research was comparative legal analysis, which compared the legal and technical regulation of EDRs in the United States of America and the European Union. The usability and credibility of the data were also examined by analysing judicial practices and previous cases. The research also analysed case studies focusing on the reconstruction of specific traffic accidents and the evidential value of EDR data. The analysis included an examination of data interpretation procedures carried out by forensic experts to assess the reliability and applicability of the technology. The methodology was complemented by a critical analysis of the current challenges and opportunities for development of EDR technology, including legal and privacy issues. The ultimate aim of the research was to formulate recommendations for optimising the use of EDRs in forensic and road safety applications.

Findings: The research has shown that EDRs play a key role in the evidence of traffic offences by providing accurate and objective data on the circumstances of accidents. The data recorded by EDRs, such as vehicle speed, braking timing and steering direction, contribute to the reconstruction of traffic incidents, thus helping authorities to establish responsibility. The study pointed out that the legal acceptance of EDR data as evidence varies from country to country. In the United States of America, these data are often accepted in court proceedings, while in the European Union, data protection and privacy rights may limit their use.

In addition, it has been found that the current recording period of EDRs is not always sufficient to document the full sequence of driver actions, especially in more complex accidents. The study stresses that an extension of the recording period and a more detailed analysis of the data could improve the forensic use of EDRs. A further problem is the authenticity and integrity of the data, which should be carefully checked by courts and experts. The research suggests standardisation of EDR data so that they can be used in a consistent way in traffic accident investigations. Finally, the study highlights the need to harmonise technological advances and legal regulations to make EDRs more effective in supporting road safety and criminal prosecution.

Value: The research not only examines the technical aspects of EDRs, but also addresses the legal and privacy challenges that affect their use in court proceedings. The value of the study lies in its comparison of US and EU legislation, thus providing insights into international jurisprudence. The research contributes to the work of road safety experts, lawyers and policy makers by examining the usability of accurate EDR data in criminal proceedings. Of particular importance is the analysis of the role of EDR in accident reconstruction, which will help authorities and experts to objectively investigate traffic accidents. The research underlines that the information gathered by EDRs can increase the reliability of accident liability assessments.

The practical value of the study is further enhanced by the recommendations for regulatory and technological improvements that could contribute to a more effective use of EDRs in transport. The results presented here could lead to the possibility of a uniform standardisation and wider legal acceptance of accident data in the future, thus improving road safety and the efficiency of prosecutions.