VDRs: Black Box Data in Maritime Injury Cases

Technology has never been more advanced, but maritime accidents continue to occur with alarming frequency. Groundings, collisions, and allisions put passengers and crew members in danger of suffering catastrophic injuries. When a vessel capsizes or founders, everyone on board is at risk.

For injured seamen and families who have lost loved ones at sea, navigating the aftermath of an accident can be extremely difficult. One of the most powerful tools in uncovering the truth behind maritime incidents is the data recorded by Voyage Data Recorders (VDRs), often referred to as the "black boxes" of the sea.

Understanding Voyage Data Recorders (VDRs)

Much like the black boxes used in aviation, VDRs are mandated recording devices installed on ships to collect and preserve critical information about a vessel's operation. These devices are designed to withstand extreme conditions, ensuring that the data survives even if the ship does not. The primary purpose of a VDR is to assist in accident investigations, helping to determine the cause and prevent future incidents.

VDRs must be contained within a brightly colored, protective, and tamper-proof capsule built to withstand heat, impact, and other conditions that might occur during a maritime incident. They must be set to record automatically and should be equipped with a device to aid in their location after an accident. VDRs and their protective enclosures must be tested annually to ensure they are in working order. These tests must be performed by approved facilities, and a certificate of compliance must be kept on board.

Which Vessels Require VDRs?

In accordance with the International Convention for the Safety of Life at Sea (SOLAS), all passenger ships and other vessels of 3,000+ gross tonnage, constructed on or after July 1, 2002, are required to have a VDR on board. This includes cargo ships, ro-ro passenger ships, cruise ships, ferries, and others.

What Type of Data Is Recorded?

VDRs record a wide array of information. This data provides a detailed snapshot of the ship's operations leading up to, during, and after an incident.

A maritime vessel’s VDR may record:

• Positioning Data: GPS coordinates, course, and speed of the vessel.
• Bridge Audio: Conversations and sounds on the bridge, captured through microphones.
• Communication Records: Radio and telephone communications to and from the ship.
• Radar and Electronic Chart Data: Information from navigational aids and electronic maps.
• Engine & Thruster Data: Performance metrics and control inputs.
• Alarm & Alert Systems: Records of any alarms triggered before or during an incident.
• Hull Opening Status: Information on doors, hatches, and other critical openings.

How VDR Data Is Used in Maritime Injury Cases

VDRs are generally considered the primary source of reliable data and may play an instrumental role in the investigation of a major maritime incident. VDR data can impact insurance claims, actions and recommendations by regulatory authorities, and maritime injury lawsuits, such as Jones Act claims, when applicable.

VDR data can help investigators:

• Reconstruct the sequence of events. By analyzing the recorded data, investigators can piece together the exact sequence leading up to the accident.
• Identify negligence. Bridge audio and control inputs can reveal whether proper protocols were followed or if negligence contributed to the incident.
• Detect equipment failure. Engine data and alarm records can indicate if mechanical failure was a factor in a maritime accident.
• Assess environmental conditions. Radar and positioning data help evaluate external factors like weather and sea conditions, which could influence an incident.

Combined with other evidence and witness testimony, VDR data can be the key to unlocking the truth in complex maritime cases. It provides objective evidence that can challenge inaccurate reports or misleading testimonies from responsible parties.

Let’s consider a fictional example of a deckhand who is severely injured when the cargo vessel he is working on collides with a barge. The shipping company claims that unexpected weather conditions were to blame. However, by analyzing the VDR data, our attorneys discover that the vessel's navigation systems had been malfunctioning for some time and that the vessel owner was aware of the issue but failed to take corrective action. This evidence could be pivotal in securing a settlement for the deckhand.

The Importance of Securing VDR Data Quickly

Time is of the essence when it comes to VDR data. While these devices are designed to be tamper-proof, there are instances where data can be lost or overwritten if not secured promptly. Maritime companies may also be reluctant to release this data, especially if it could expose negligence or wrongdoing.

It is crucial to preserve and obtain VDR data before it’s lost or altered, to collaborate with maritime experts to interpret the data accurately, and to take action against companies that attempt to withhold or manipulate VDR data.

What This Means for Maritime Workers & Families

For those who have suffered due to maritime accidents, understanding the role of VDR data can make a substantial difference in the pursuit of justice. Knowing that there is objective data available can empower victims and their families to seek the truth. VDR data holds companies accountable by providing indisputable facts, and highlighting the true causes of accidents can lead to industry-wide changes that prevent future tragedies.

At Arnold & Itkin, we don't back down from a challenge. We rise up and gather our resources to put up a fight that forces maritime companies—and their teams of attorneys—to own up to their mistakes. We outwork, outlawyer, and outsmart the competition because we care about the people we represent.