As car makers continue to add more automation into their products, auto accident claims will dovetail negligence and defective product laws
Computerization of motor vehicles under the guise of increasing road safety and reducing the risk of accidents is a popular and growing niche of the automotive industry. Car makers argue that automated technology will save lives, as AI (artificial intelligence) replaces the driver and his or her likelihood of human error while driving.
In fact, some automotive technologies are already standard in the new makes and models being offered by manufacturers. Others are options encouraged by the seller as safety enhancements.
Consider the July 2018 Consumer Reports list of automated technologies currently available as “safety features” in cars, pickups, SUVs, minivans, and other motor vehicles in the American marketplace, which include the following automatic braking systems (at both city and highway speeds). These are standard in the new models (not options where the driver has a choice):
- 2019 Acura ILX; MDX; RDX; RLX; and TLX;
- 2019 Ford Edge; F-150; Fusion; Ranger; TransitConnect;
- 2019 Subaru Ascent; Legacy; Outback; and
- 2019 Toyota Avalon; C-HR; Camry; Corolla; Highlander; Land Cruiser; Mirai; Prius; RAV4; Sequoia; Sienna; Tacoma; Tundra; Yaris.
To read the complete list, see: “Cars With Advanced Safety Systems: Detailed list of cars with features that help drivers avoid or mitigate collisions,” published by Consumer Reports on July 24, 2018.
Automation That Takes Over for the Driver
Of particular concern are the new automated “safety features” that allow the vehicle’s computer to override the driver and control things. In these “safety enhancements,” if the computer decides the driver is not operating the car, truck, SUV, or minivan, in a safe manner it will take over.
New model safety features that allow the car to replace the driver in controlling the motor vehicle include the following:
- Automatic Emergency Braking (AEB) Systems, where the car’s computer will decide if there is an immediate danger and if so, automatically apply the brakes (this is the standard feature listed above);
- Lane Keeping Support (LKS) Systems, where computer sensors decide if the vehicle is moving out of the proper traffic lane and takes over not only steering the vehicle but also braking and speed from the driver; and
- Pedestrian Automatic Emergency (PAEB) Systems, where the automated technology within the vehicle will apply the brakes, overriding the driver, if the computer’s sensors decide there is a pedestrian at risk of being hit.
For more details on these three forms of automated technology, click the above links to watch video demonstrations provided online by the National Highway Traffic and Safety Administration (NHTSA).
Fatal Crash or Serious Accident: Defective Product or Driver Negligence?
In the future, especially as the industry insists upon including AI in its product standards, there will be serious and fatal car crashes involving vehicles with advanced “safety features.”
In many of these cases, defects in the automated technology will be the cause of the crash. In other instances, the accident victims will be seriously injured or killed from a combination of driver negligence and defective products or defective design of the technology itself.
History has shown that safety technology can be dangerous. Consider lives lost to exploding air bags or anti-lock brake failures, for instance.
Negligence
Defective motor vehicle safety features must be considered in any severe accident that happens in Illinois or Indiana today. In the past, investigations into the cause of the accident focused upon the driver’s actions:
- Was there drunk driving involved?
- Was the driver speeding?
- Was the driver distracted?
Negligence law establishes legal claims for accident victims who are harmed as a result of the driver’s mistake or neglect. See, e.g., Drinking and Driving: The Ongoing Fight against DUI Car Accidents in Indiana and Illinois.
Product Liability
Today, accident investigation must consider the impact of technology upon the crash. Victims must ask questions like:
- What safety features where on all vehicles involved in the crash?
- Did the technology activate during the crash?
- Did a defective product touted as a “safety feature” contribute to the accident?
- Did a design defect in the computer technology cause the crash to happen?
Here, the victim’s legal claims may be based not only upon standard accident negligence law but also upon the complexities of product liability laws of Indiana or Illinois. Laws protect victims who are hurt due to the failure of a product, seeking damages from the manufacturer, third-party distributor or designer, etc. See, e.g., Defective Car Parts: Liability for Fatal Crashes and Serious Injuries in Illinois and Indiana.
Today, automobile accident cases and fatal motor vehicle accident claims are becoming more and more complicated. Those representing the accident victims and their families need to have a thorough understanding not only of negligence law, but the impact of Defective Product laws upon the case.
For more, read:
- Three New Car Automation Technologies Promoted by NHTSA; Will Your New Car Have Them?
- Are Autonomous Vehicles and Driverless Cars Dangerous?
- Technology and Personal Injury Lawsuits for Serious Injuries and Wrongful Death Traffic Accidents
Automation in motor vehicles, while publicized as increasing our safety on the roads, can cause horrific accidents when these features fail or malfunction. Please be careful out there!
