As some of you may know I was involved in an accident which totalled by backup car.

After some research I have discovered there is a black box or EDR (electronic data recorder) in the car that hit me. From what I understand this information is property of the vehicle owner, keep in mind this was a rental car that hit me, Enterprise Rent a Car.

I spoke with the service manager at the Mazda Dealership here in town, he was familiar with the EDR device and says that to pull that information or clear that information a Basic OBDII scan tool is needed.

The information on that data recorder is highly valuable in fighting my infraction of failing to yeild at an intersection, If I have the actual MPH the car was traveling before he hit the brakes, and hit me It could help me get off with no charges.

some more information

The acquisition of digital evidence begins when information and/or physical items are collected or stored for examination. The term "evidence" implies that the collector of evidence is recognized by the courts. In every instance, the authority to remove an EDR module, or access the data contained in a module, should be determined before any efforts begin. For a criminal investigation, a search warrant or the vehicle owner’* consent may be required absent a determination by legal counsel that a search authorization is not necessary given the circumstances3.

For a private sector crash reconstruction, permission should be obtained from an appropriate individual or authority, i.e., the owner of the vehicle or the attorney for the vehicle owner. This is consistent with the procedures of the National Highway Traffic Safety Administration4(NHTSA):

“It is NHTSA’* position that the owner of the subject vehicle owns the data from the EDR. In order to gain access to the data, NHTSA must obtain a release for the data from the owner of the vehicle"



So how do I obtain this information from that data recorder to use to get rid of my charge?

I believe that information could be subpoena'd as part of any lawsuit regardless of whether or not he cooperated. I'm not a lawyer though and you'll need one of "those" for that advice.

Call the rental car company. But they were probably the opposing insurer, so they may not willingly give it up.

You're going to need an Attorney for this one. Try a legal aid.