How smart cars are changing car accident lawsuits

Smart cars are changing car accident lawsuits because the technology they use has the potential to shift liability, is forcing insurers to adapt the way they do business, and is creating legal challenges and opportunities.

Last year, Level 2 ADAS-equipped vehicles were involved in over 1100 crashes. 

Cars with advanced driver assistance systems (ADAS) are not fully self-driving but help vehicle operators with some driving tasks. Many are equipped with features such as automatic emergency braking, adaptive cruise control, and sensors.

These systems may help prevent some accidents. However, drivers still have to be alert; when collisions do occur, lawsuits can become complicated.

They call into question who is ultimately liable: the driver or those responsible for the technology?

How Smart Cars Are Changing Car Accident Lawsuits 

Understanding how smart cars are changing car accident lawsuits is essential, as data can prove who is at fault and may shift blame to manufacturers or software developers if there is evidence of system failure.  

Should Drivers Be Held Responsible in Smart Car Accidents?

Even with the assistance of smart car technology, drivers are still expected to monitor the road and take control when necessary. A driver who is distracted, misuses, or solely relies on automation could be considered negligent.

However, liability can shift to the car’s manufacturer or software developer if a driver argues that the system:

• Malfunctioned
• Issued inadequate warnings
• Created a safety risk

In cases like this, courts may examine driver behavior, the vehicle’s operating system, warnings, and maintenance history. 

Does Liability Shift to the Manufacturer and Software Developer?

Technology in car accidents can provide evidence to help support a driver’s claim of system failure or design flaws. This can trigger product liability claims due to:

• Software errors
• Defective steering or braking systems
• Flawed algorithms

The evidence can also show poor design or inadequate testing, moving attention away from driver error to the automaker or technology company. Other parties at fault could include software providers, component manufacturers, and fleet operators.

Forcing Insurers to Adapt

This liability shift will also have an impact on insurance claims. Insurers will no longer be able to focus primarily on driver negligence.

They will now have to incorporate smart car data to assess what other parties may be liable. It may also prompt a review of how they currently do business, leading to premium adjustments based on vehicle technology rather than driver history.  

Creating Legal Challenges and Opportunities

State laws will continue to differ, especially as courts develop new rules for allocating responsibility in smart car accidents. Legal professionals will need to familiarize themselves with the technology and stay informed about relevant regulations.

They will have to be mindful of the types of specialists they will need for legal proceedings in car accidents. If you’re in a car accident, ensure you consult with a firm experienced in auto accident litigation, like Denver auto crash attorneys at Zaner Law.

Keeping Pace With Automotive Technology Advancements

Smart car technology is making car accident lawsuits more complex, as it may be difficult to determine liability. It is also forcing insurance companies and attorneys to adapt to changes in the legal system. All stakeholders, including drivers, should ensure they understand automotive technology and its impacts.

You can stay up-to-date too by reviewing our Community page daily.