digital airplane flying over a micro chip

Aviation accidents require explanations that go deeper than surface-level observations. Modern aircraft consist of thousands of interconnected systems, and when something goes wrong, the cause is rarely evident from the wreckage alone. To determine why a plane failed, who is responsible, and whether the crash could have been prevented, it often comes down to the internal recordings made by the aircraft during flight.

One of the most significant pieces of evidence in aviation litigation is black box data. When properly preserved and interpreted, this data offers a precise, time-stamped record of an aircraft's operations leading up to an accident. It frequently plays a central role in establishing liability in aviation lawsuits.

Webster Vicknair MacLeod has spent decades managing complex, high-stakes litigation where technical evidence is crucial to determining accountability. With over 120 years of combined trial experience, our attorneys have pursued aviation claims nationwide, including wrongful death and product liability cases involving aircraft manufacturers, component suppliers, and aviation operators.

In this blog, we draw on our experience to clarify what black box data is, how it may be applied to your case, and how we can assist you.

What Is “Black Box” Data in Aviation?

Most aircraft are equipped with one or more onboard recording systems commonly referred to as “black boxes.” These devices are designed to capture critical operational information before, during, and after a flight.

The two most common systems are:

  • Flight Data Recorders (FDRs), which track technical performance metrics such as altitude, airspeed, heading, engine output, and control inputs
  • Cockpit Voice Recorders (CVRs), which record audio from inside the cockpit, including pilot communications and ambient sounds

These recorders are central to accident investigations because they preserve objective data that cannot be recreated after a crash. In many cases, this data becomes the foundation for determining how and why an aviation accident occurred.

Why Black Box Data Is So Critical in Aviation Lawsuits

Reconstructing the Final Moments of a Flight

  • Flight data can show whether an aircraft was climbing or descending, accelerating or stalling, responding properly to pilot inputs, or suffering system failures
  • This information allows experts to reconstruct the aircraft’s behavior second by second
  • According to the Federal Aviation Administration (FAA), flight recorder data is essential to understanding aircraft performance and operational compliance

Confirming or Challenging Pilot Error Claims

  • Pilot error is frequently cited as a cause of aviation accidents
  • Black box data can confirm whether a pilot followed procedures, or reveal that the aircraft did not respond as expected due to mechanical or software failures
  • This distinction is crucial in litigation because pilot error may shift liability, while system failures can expose manufacturers, maintenance providers, or operators to liability

Identifying Mechanical or Design Defects

  • Data anomalies may point to failures in engines, flight control systems, sensors, or software logic
  • In product liability cases, this data can be used to demonstrate that an aircraft or component failed to perform safely under normal operating conditions

How Black Box Data is Used In the Courtroom

Black box data is first analyzed during the official accident investigation, typically led by the NTSB with participation from the FAA and other parties. However, government investigations and civil lawsuits are distinct entities.

For example:

  • NTSB investigations are conducted for safety purposes, not to assign legal fault: By statute, certain NTSB conclusions are not admissible in civil trials (49 U.S. Code § 1154 - Discovery and use of cockpit and surface vehicle recordings and transcripts). That means experienced trial lawyers must work with qualified experts to independently analyze the underlying data and present legally admissible opinions regarding causation, liability, and damages.
  • Raw black box data does not speak for itself: Aviation experts, including aeronautical engineers and accident reconstructionists, translate technical findings into understandable conclusions for judges and juries. Courts require expert opinions to meet reliability standards under evidentiary rules, ensuring sound methodology and proper application to the facts. Careful handling is essential to prevent valuable data from being excluded or misunderstood.

Black Box Data Influences Liability and Compensation

In aviation accident lawsuits, black box data can directly influence:

  • Who is held accountable (pilots, operators, manufacturers, maintenance providers)
  • How negligence or defect claims are proven
  • Whether defenses blaming weather or pilot actions hold up
  • The value of damages, especially in wrongful death and catastrophic injury cases

When supported by expert testimony and corroborating evidence, recorded data can become the backbone of a successful aviation claim.

Preservation Matters

Black box data is not indestructible. While recorders are designed to survive crashes, data can still be compromised by fire, water exposure, delayed recovery, or improper handling.

Additionally, other onboard systems—such as avionics, GPS units, and maintenance tracking software—may overwrite or lose data unless prompt preservation steps are taken.

Early legal involvement can be essential to:

  • Ensure evidence is preserved correctly
  • Prevent spoliation or loss of digital data
  • Secure access to non-public technical records

Turning Black Box Data Into Accountability

Black box data often provides the most accurate account of events during an aviation accident. However, data alone is not sufficient; it must be preserved, interpreted, and presented with precision and credibility to effectively influence the outcome of an aviation lawsuit.

For families who have lost a loved one or are facing life-altering injuries, navigating these technical and legal complexities should not add to their burden. Webster Vicknair MacLeod has the experience, resources, and trial readiness necessary to take on aviation manufacturers, operators, and insurers when the stakes are highest.

We have achieved significant results in aviation-related cases, including product liability claims stemming from fatal plane crashes, and we are prepared to litigate nationwide on behalf of our clients. Contact us today to schedule a complimentary consultation. We travel nationwide, and you pay no fees unless we win.


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