Accident! Can I get to the black box data?

[kritini]

I got a call last wednesday from my husband saying - I'm fine - but the Prius isn't. (my poor 3 month old prius!)

He was headed home from work, and the traffic on the beltway went from 50 miles/hr to a complete stop. My husband's reflexes and the prius's brakes worked wonderfully - but the same cannot be said for they guy behind my husband. He crashed into our prius and pushed it into/under the 4x4 ahead of our car. The airbags didn't deploy but the front is pretty messed up (http://fred-and-xie.smugmug.com/gall...160/1/17959439). My husband really is fine - he loves the prius even more after this incident.

The problem is, the driver behind us told his insurance company that we hit the driver in front of us before he hit us - which just isn't true. And to complicate factors - the driver in front of us isn't responding to the calls from the insurance company.

So, I'd heard that the Prius had a black box that could record data like speed at the time of impact and other such things - I've also been told that short of naming Toyota in a lawsuit - it's difficult to get at this data - but I'm just going on hearsay at this point. Does anyone have any more information about how I might get able to get at that recorded data - I hate to think that I'm sitting on proof of liability that I just don't know how to access.

Thanks in advance for any help.

Christie
Black/package 6 Dec 24, 2004

[Tideland Prius]

Tell your insurance company and or the police that the Prius is equipped with a black box and that if they know where it is, they are more than welcome to examine it to prove that you were telling the truth.

[usbseawolf2000]

It's easy. If your huband hit the car infront of him first, the air bag would of deployed by judging from the damage. Just follow the logic from there.

[jgspears]

If he was so observant to see your husband hit the truck, then he should have been able to stop before rear ending the Prius.

Good luck sorting it all out and let us know if the black box is used to validate you defense.

[Tideland Prius]

I doubt it. Hitting a vehicle in front does not necessarily mean the deployment of airbags. Also, the height of the damage could favour the guy who rear ended you since it looked as if you were braking and hence the damage is higher up on the hood, rather than on the bumper.

[pjm877]

<div class='quotetop'>QUOTE(Tideland Prius\";p=\"75572)</div>

 
I doubt it. Hitting a vehicle in front does not necessarily mean the deployment of airbags.  
[/b]

There are a few factors that govern the deployment of the airbags. I think the Prius uses the two stage system. And, with use of the speed sensor will determine how forcefully the bags deploy. With that in mind if you are under a set speed and set force the bags will not deploy.

Tell the ins. co the bags did not fire off.. I had to be under , oh lets say 5 mph, and there for
1. the breaks lights were on.
2. by way of me only doing 5 mph the break lights have been on for quite some time.
3. I had stopped like your client states then there would have been more damage .
4. because I was stopped the force of your client hiting me caused the front of my car to dip down and go under the 4x4 in front of me.. (that is if this was not "Big Foot" and the bumper was 3 foot off the road)

Just thinking.

[Torf]

I don't think your insurance company would roll over easily. Even if it was truely a case of his word against your husband's, your case is strong.

The other driver wasn't in a position to see the front of your car, because at the same time he was plowing into the back of your car at 15+ MPH.

Usually a rear end case is 95%+ the fault of the rear driver. Only in the event that the front car then hits something is the issue complicated. It is not unusual for the forward driver to be held partially liable for hitting the driver in front of him due to insufficient spacing. I think it is BS, but it is reality.

Anyway, good luck. I hope you don't have to shoulder any liability, but chances are, it will end up costing you something. Thank your state legislature if you are a no-fault state.

[Tideland Prius]

wow. Here, the rear ender is 100% at fault unless proven otherwise.

[CHART]

Christie,

So sorry to hear about your prius I was backed into by a guy in VA earlier this year and messed up the front end pretty well (but nothing like yours.) The only good news I have, if your car is repairable, is that parts were relatively inexpensive. I couldn't find any local "Toyota" body shops, so I had a local body shop up here in Mount Airy do the work. When the time comes and you get estimates for parts, if you want to see my estimate to crosscheck cost, just private message me.

As far as the accident goes, did MSP cite anyone? Did you get a copy of the accident report from them? There is a form you can fill out to request a copy of the official investigation (if there is one.) From www.mdsp.org

" Accident Reports
You may obtain a copy of an accident report in two ways:
(1) You may pick up a copy of the report in person at the Barrack that completed the report ten days after the date of the accident. It is recommended that you call the Barrack prior to coming to the Barrack so a copy of the report may be prepared before you arrive. When you come to the Barrack, you must bring a check or money order (no cash) for $4.00 made out to "Maryland State Police".

(2) You may download a Maryland Motor Vehicle Accident Report Request Form by clicking here ; then complete it and mail it and a check for $4.00 to the address on the form. A copy of the report will be mailed to you. Requests for copies of Motor Vehicle Accident Reports should not be submitted until more than twenty days have elapsed since the date of the accident. This will give the Central Records Division (CRD) sufficient time to receive and process reports. Requests received before the reports have reached this Division may be returned to the sender. The Central Records Division does not maintain in repository reports/photographs of traffic accidents that occurred in the City of Baltimore, therefore, please contact the Central Records Division, Baltimore Police Department, at (410) 396-2359."

Form at http://www.mdsp.org/downloads/CRDform30_12.pdf

Once again, sorry about the accident.

Rick

[DanMan32]

I don't really think there is a "black box" as some say, though I believe the airbag system will retain some data upon deployment. Since it didn't deploy, no DTCs were set to record any freezframe data.

Even if there were data recorded, it wouldn't prove who stopped first. Just because you hit your brakes doesn't mean you didn't hit the vehicle in front of you first. Even seeing 0 motion in the wheels woundn't show if the 0 motion was because the vehicle in front of you stopped you, or you were already stopped before hitting the vehicle.

No, speed has nothing to do with airbag deployment, other than reducing the deceleration to the point of being below the threshold of activation. My friend's daughter hit the side of the garage (cement block construction) at a low speed, and it did deploy the airbags. Houses don't move too easily. By the way, no-one was seriously hurt, house is fine. Windshield was cracked due to the airbag deployment, and bumper slightly damaged but was easily repaired.