In recent years, new technology in vehicles has given drivers some excellent benefits. However, this emerging transport tech has also ushered in a new era of concern for car accidents. With smart vehicles on the rise, it’s important to understand the drawbacks of these technologies and how they could impact your case.
Understanding Vehicle Autonomy
Autonomous vehicles can be operated without a driver. Sensors, software, and high-tech algorithms are used to help these vehicles navigate the roads and make decisions based on other vehicles and their environment.
The tech in this space ranges from driver assistance systems to vehicles that are fully capable of driving themselves. Autonomous vehicles or self-driving vehicles have been in the works for a while, with the end goal of improving traffic flow, reducing accidents, and making getting around more efficient.
Currently, there are 5 levels of automation as per the National Highway Traffic Safety Administration (NHTSA). Level 0 denotes a vehicle that a driver must fully operate themselves while level 1 provides some driver assistance features, which may include lane departure warnings and adaptive cruise control. Level 2 autonomous vehicles have partial automation for steering, acceleration, and braking while level 3 allows for conditional driving functions though the driver must be prepared to resume control when necessary. Levels 4 and 5 are still in development, which would put drivers in the hands of the vehicle they drive, making this a fully automated process.
Most of these vehicles on the roads today are at level 2 or 3, though as companies look to automate driving, smart vehicle injury claims have begun to increase.
Changes Ahead for Autonomous Vehicles and Personal Injury Claims
When you are in a car accident with one of these autonomous vehicles, questions arise concerning negligence and liability. Traditionally, the driver who caused the accident would be responsible for injuries and damages caused. However, when the vehicle is using these self-driving features, determining these aspects of a case can become murkier.
After a car accident with a smart vehicle, it may not be readily obvious if it was the fault of the driver, the manufacturer, or the software developer. Laws must keep up with this emerging technology to help protect the legal rights of victims in these scenarios.
Take a look at the way these updates to vehicles on the road could alter the way personal injury cases are handled.
Changing Liability from Driver to Manufacturer
In most car accident cases in previous years, drivers are predominantly held liable when they cause a crash. Manufacturers have been held accountable when defects have been found the be the reason a crash occurred.
Now with this latest technology, an accident could occur because of a defect in the software. If that happens, then the manufacturer may be held liable for injuries. After all, it’s hard to hold a driver accountable when the vehicle itself experiences a glitch in the software that causes it to accelerate rather than brake, crashing into other vehicles.
Attorneys will need to refocus on litigating cases like these when it comes to the technology and software that power these vehicles.
Smart Software and Algorithms
In autonomous vehicles, software and algorithms are increasingly being employed to operate these cars on the road. Some of this software may be defective, or it may not be quite ready to handle every scenario that a driver would face.
For example, should a sudden obstacle appear in the way, the software might not be equipped to take action and go around it. In this case, it could crash into the object. However, sensors may also account for this as well, and it can become much more complicated to determine how things went wrong.
Another massive challenge with autonomous vehicles is that the software and algorithms used could be targeted by hackers or cyber-attacks. If this should happen, determining liability will require who caused these attacks.
Autonomous Vehicles and Insurance Policies
When there are more smart vehicles on the road, it can also cause concerns about the way insurance policies and premiums are set. Insurers may need to consider new policies, including product liability-based insurance to cover these types of cars.
One great benefit that may emerge from this technology is that as it is refined, it has the potential to decrease the number of accidents that are caused by human error. The majority of collisions are due to driver errors such as distracted driving, which includes texting, talking to passengers, eating, grooming, and playing around with the sound system.
In a perfect world, this would lead to lower premiums on insurance policies since accident risks will decrease. On the other side of the coin, it also allows for new kinds of accidents to occur. When vehicle sensors fail, they may not notice a pedestrian or bicyclist, leading the vehicle to drive into them. It’s clear the world isn’t quite there yet, however, it is equally as clear that personal injury law must be ready to adapt to help victims recover the compensation they deserve.
What to Do If You’re in a Car Accident with a Smart Vehicle
If you’re in a car accident with one of these smart vehicles, it is important to take the right steps. You may not know by looking at the other car what level of automation it operates on, though the things you do following the accident can help you hold the right parties accountable for your injuries.
You’ll want to call the police to the scene like you would for any other accident. You’ll also want to seek immediate medical care for any injuries sustained, even if you do not notice any physical wounds.
After you are treated, contacting a personal injury attorney is advised as they will have the resources to help thoroughly investigate the accident and uncover evidence. Using these tools, they will be able to protect your best interests by determining whether the driver, the manufacturer, or the software was to blame in your crash.
Also Read: Reasons Why You Need a Local Personal Injury Lawyer After an Accident
