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Back to all postsAs smart vehicle and autopilot technology becomes more common on the roads, so do legal questions. The courts are having to deliberate details surrounding fault, liability, and accountability when accidents do occur. Unfortunately, technology isn’t perfect and accidents still occur.
Technology vs. Human Error: Who’s Responsible?
The recent Benavides v. Tesla case is a stark example of the complexities we now face. In this 2019 crash, a Tesla operating on Autopilot struck and killed a woman and seriously injured her boyfriend. This landmark case raises many questions. But mainly, when smart technology is involved, how much responsibility should fall on the driver vs. the manufacturer? We can likely expect to see more cases revolving around this question in the future. The Insurance Journal provides a great look into the details of the Benavides case.
What Drivers Need to Know
Modern day vehicles store extensive data during every drive about braking, steering inputs, driving automation systems activation, etc. This data can be crucial in defending yourself if you’re involved in a crash. Automobile manufacturers including Tesla provide instructions on how to access or request this information. Unfortunately, many drivers aren’t aware of their rights or the steps they should take after an accident.
Tips to Protect Yourself as a Driver
- Never drive distracted, even when the driving automation system is engaged. While these systems are improving, operating a motor vehicle still requires your full attention.
- Contact a lawyer immediately if you’re in an accident.
- Request your vehicle’s crash data from the company.
If the manufacturer refuses or claims the data is unavailable, contact an expert about accessing the SD card within the vehicle. This card should contain information regarding the computer system of the car. This information may be vital in showing whether the crash resulted from human or system error, or both.
Why This Matters
With more smart cars on the road, understanding how they work and the legal implications involved is essential for everyone. Accidents involving automated cars are handled differently than traditional cars, whether you’re driving one or sharing the road with one.
In many cases, insurance companies may write off a traditional vehicle as a total loss. With a smart vehicle, preserving the car post-accident can help prove whether you were at fault or whether technology failed you.
Additionally, until the technology is perfected many new cars now include “steering assist” or “lane keeping assist” programs. Improper use of this technology can likely lead to motor vehicle collisions as well.
That’s Why It’s Critical To:
- Know your rights as a smart car owner.
- Understand the risks involved with new driving technology.
- Be prepared with legal support in the event of an accident.
- Keep your eyes on the road regardless of smart driving technology.
The Future of Driving and Liability
As vehicle automation continues to advance, we may soon be riding in cars that float or drive themselves completely. But one thing won’t change: accidents will still happen, and legal accountability will remain a complex, evolving issue.
Smart cars may reduce some accidents, but they are not a free pass to check out behind the wheel. Whether you’re driving a smart vehicle or find yourself hit by one, the legal terrain is new. It’s essential to have an attorney who understands the intersection of law and technology.
Stay safe. Stay alert. Never assume that autopilot means you’re off the hook. Paying attention to the road could save your life.
If you’ve been involved in a smart vehicle crash, as a driver or another motorist, contact a lawyer who specializes in emerging vehicle technology like Rasmusson Law Offices, PLLC, at [email protected] or (406) 549-3323.
Frequently Asked Questions
Who’s at fault if my Tesla is on autopilot and it crashes?
That’s exactly what courts are still working out. The Benavides v. Tesla case is a good example, a fatal 2019 crash while Autopilot was engaged, and it’s forcing judges to sort out how much blame falls on the driver versus the manufacturer. Expect more cases like this as the technology spreads.
Does my car actually record data during a crash?
Yes. Modern vehicles log braking, steering inputs, and whether the driving automation system was active, and manufacturers like Tesla have a process for requesting that data. If they won’t hand it over or claim it’s not available, you can get an expert to pull it straight from the SD card in the vehicle.
Am I still responsible for a crash if autopilot or lane keeping assist was on?
Pretty much always, yes. These systems are getting better, but they still require your full attention, and misusing steering assist or lane keeping assist can cause a collision just like any other driving mistake. Autopilot doesn’t take you off the hook.
What should I do right after a smart car accident?
Contact a lawyer right away and request your vehicle’s crash data from the manufacturer. It’s also smart to preserve the car itself instead of letting the insurance company total it out fast, since that data can help show whether the crash came down to human error, a system failure, or both.
Why does it matter if my car is a smart vehicle after an accident?
Because smart vehicle accidents get handled differently than regular car accidents. Insurance companies sometimes want to write off a smart car fast, but keeping the vehicle intact can preserve evidence about what actually caused the crash. You want a lawyer who understands this kind of case, not just a general accident attorney.