Crash on Cruise Control: Are Semi-Autonomous Driving Features Hurting or Helping Accident Victims in Court

Vehicles with semi-autonomous driving features are an increasingly common presence on Florida’s roads. Unfortunately, this means that accidents involving vehicles with semi-autonomous driving features are becoming increasingly common as well. If you were injured in a collision involving a vehicle equipped with these features, how does this impact your legal rights? Our Florida injury lawyers explain:

Determining Who (or What) is To Blame for Your Accident-Related Injuries

Any time you are dealing with accident-related injuries, a key first step toward recovering your losses is to determine who (or what) is responsible for the collision. Historically, this has involved analyzing potential factors such as:

• Driver negligence
• Employer negligence (in cases involving commercial vehicles)
• Road defects
• Vehicle defects
• Inadequate road or vehicle maintenance

Today, semi-autonomous driving features add another potential factor to the analysis. If a vehicle’s self-driving capabilities caused (or contributed to causing) your accident, this will have a direct impact on what you need to do in order to seek the financial compensation you deserve.

How a Vehicle’s Semi-Autonomous Driving Features Can Impact Your Car Accident Claim

Semi-autonomous driving features can impact your car accident claim in a couple of different ways. Depending on the circumstances involved in your accident:

• You Could Have a Claim Against the Vehicle’s Manufacturer or Software Developer – Today’s self-driving vehicle technology is far from perfect. If you were injured because of an issue with a vehicle’s semi-autonomous driving features, the vehicle manufacturer or software developer behind the technology could be liable for your injuries.
• You Could Have a Claim Based on the Driver’s Use of Semi-Autonomous Driving Technology – If the driver who hit you was improperly relying on his or her vehicle’s semi-autonomous driving features, this is a form of negligence that could entitle you to just compensation. Many people do not understand or appreciate the limitations of today’s self-driving technology; and, as a result, they rely on this technology when they should be taking responsibility behind the wheel.

With these potential factors in mind, if you were injured in a car accident involving a semi-autonomous vehicle, it will be critical to determine precisely why the accident happened. Was the vehicle’s self-driving technology to blame? Or, is the other driver at fault for failing to maintain control of his or her vehicle? While they are closely related, these are completely different scenarios, and they have completely different implications for your legal rights.

Determining the Cause of a Car Accident Involving a Semi-Autonomous Vehicle

As a car accident victim, it is up to you to prove who (or what company) is responsible for your losses. If multiple parties are potentially responsible for your losses, they may try to avoid liability by pointing the finger at one another.

This can present unique challenges in cases involving vehicles equipped with semi-autonomous driving features. The vehicle manufacturer or software developer might try to blame the driver, while the driver might try to avoid liability by blaming his or her vehicle. If you can’t pinpoint the specific cause of your accident, this could serve as a roadblock to recovering just compensation.

How can you prove liability in this scenario? A key step in the process will be to determine if the vehicle’s semi-autonomous software is “defective” under the law. If the software is defective, then the vehicle manufacturer or software developer should be liable. If the software is not defective, then proving driver negligence may be the key to recovering just compensation.

Determining whether a vehicle’s semi-autonomous software is defective is a complex process that requires experienced legal representation—and that may require going to court. Going to court will allow your Florida injury lawyers to obtain internal records from the vehicle manufacturer and software developer through the “discovery” process. If these internal records (such as internal communications, software code and testing records) show that the software is defective, they will be key evidence in support of your claim for liability.

But, your Florida injury lawyers will need to conduct a traditional accident investigation as well. If forensic evidence from the crash site, the other driver’s statements to the police (or on social media), traffic or surveillance camera footage, or any other form of evidence shows that the driver who hit you was negligent, then recovering your losses may involve filing an auto insurance claim. As we said above, these are complicated cases, and the key is to make sure you have all of the evidence you need to determine (and prove) your legal rights.

Maximizing Your Chances of Recovering Just Compensation

Given the complexity of these cases, what can (and should) you do to maximize your chances of recovering just compensation? If you were injured in a car accident involving a vehicle equipped with semi-autonomous driving features, you should:

1. Take Action Promptly

One of the most important things you can do is to take action promptly. By making sure you (and your lawyers) have the opportunity to gather the evidence you need before you run out of time, you can make sure you do not lose the ability to seek the compensation you deserve.

2. Take Detailed Notes

You should also take detailed notes. Why do you believe that self-driving technology played a role in your car accident? What other factors could have been involved? The more details you can record to share with your lawyers, the better.

3. Hire a Team of Lawyers Who Are Prepared to Go to Court

Since proving your legal rights may involve going to court, it is important to hire a team of lawyers who are prepared to go to court if necessary. Some lawyers are more comfortable (and more willing) to go to court than others, and you need to know that your lawyers are prepared to do what it takes to win the compensation you deserve.

Contact the Florida Injury Lawyers at Searcy Denney

Were you injured in a car accident involving a semi-autonomous vehicle? If so, our Florida injury lawyers are prepared to fight for just compensation on your behalf by all means available. To get started with a free consultation, call us at 800-780-8607 or tell us how we can reach you online now.