Proving Liability in a Crash Involving Advanced Driver Assistance Technology

Cars with advanced driver assistance technology, also known as self-driving cars, are becoming more and more popular on the roadways. These vehicles can navigate without a human’s control, but they do require alertness and oversight in case of a technological issue.

While many people are happy about the option of self-driving vehicles, these vehicles have opened the door for new difficulties when determining and proving liability in the event of a car accident.

Why is it difficult to determine and prove liability when a crash involves advanced driver assistance technology?

Drivers rely on driver assistance technology to get them from point A to point B, but it is not meant to completely replace judgment, problem-solving, alertness, or oversight. As a result, these technologies quickly add new challenges to a liability claim because it can be hard to determine whether the driver or technology is liable for the crash. Some of the questions that lawyers and investigators may ask to determine who is liable include:

• Did the driver make any efforts to guide the vehicle a certain way but the vehicle’s technological system did not comply?
• Did the advanced driver assistance technology fail to make certain maneuvers or avoid certain situations when it should have?
• Was the driver alert, giving their full attention, and monitoring the self-driving vehicle?
• Was there a glitch, defect, or malfunction in the technology system?

These cases usually involve an investigation into the advanced driver assistance technology system, the events leading up to the crash, and the driver’s attentiveness and oversight.

Who can potentially be found liable for a crash involving advanced driver assistance technology in Kansas City, MO?

When it comes to accidents involving advanced driver assistance, there are several different parties that may be found liable, such as:

• The driver: Even though vehicles equipped with advanced driver assistance technology are commonly referred to as self-driving vehicles, they still require a driver to be alert, present, and paying attention at all times. Therefore, if a driver fails to pay attention and remain alert, they could be found negligent by failing to take over the controls when the system experiences an error.
• The manufacturer of the vehicle: It is the vehicle manufacturer’s responsibility to ensure that every vehicle they create and design is safe for consumers. Therefore, if something is wrong with the vehicle, which caused the driver assistance technology software or hardware to make a mistake, the manufacturer may be held liable for the accident. For example, if there was an issue with the vehicle’s sensors, this could cause a malfunction with the technological system.
• The developer or designer of the driver assistance technology: The developer or designer of the driver assistance technology has a duty to make sure that their software is safe for drivers to use. Therefore, if a flaw is present and the technology system makes an error, the developer or designer could be found at fault. For example, if the technology system fails to recognize that a vehicle stopped and slams into the back of it, this could be considered negligence on the developer or designer’s part.
• Other third parties: Other parties could have caused or contributed to the accident. These could include another driver, a bicyclist, a pedestrian, road maintenance workers, auto mechanics, government map and road planners, and more.

Keep in mind that it is not unusual for multiple parties to be found at fault for these types of accidents. Therefore, you need an attorney who can ensure that you hold every party accountable.

How do I prove liability in a crash involving advanced driver assistance technology?

Here are five steps you can take to successfully prove liability in a crash involving advanced driver assistance technology:

1. Retain a car accident lawyer: Car accidents involving advanced driver assistance technology are considered complex legal cases. Therefore, it is strongly recommended that you retain a Kansas City, MO, car accident lawyer with experience in these types of cases as quickly as possible. An attorney will review the facts of your case, inform you of your rights, help you prove liability, and pursue the best course of action to potentially obtain the financial recovery that you deserve.
2. Collect as much evidence as possible: You must have strong and convincing evidence to prove liability in this type of case. This can be police reports, dashcam videos, surveillance footage, and eyewitness statements. Your attorney may also be able to help you request certain information, such as driver assistance technology data, to increase your chances of proving liability.
3. Make sure you include all possible defendants: Due to the complexity of these cases, it is essential that you take the time to make sure that you do not leave any potentially liable parties out. You should meet with your attorney and discuss each party involved and whether they could have contributed to the crash.
4. Document your crash and the costs associated with it: Remember to document every part of your crash and the costs associated with it. Take photos, record videos, and write everything you remember about the accident in a journal. You should also keep track of all your medical bills, lost income, auto mechanic fees, and any other expenses accumulated due to the accident.
5. Hire an expert witness: Your lawyer may decide to hire an expert witness, a professional with some type of experience, knowledge, or background related to your accident. These professionals have the ability to break down complex crashes and provide insight into what happened and who is liable. For this type of accident, your lawyer may hire an expert witness with a background in autonomous vehicles, mechanical engineering, vehicle manufacturing, electrical engineering, automotive engineering, software engineering, artificial intelligence, and more.

While any type of car accident can be stressful and frustrating, accidents involving self-driving cars or advanced driver assistance technology add additional layers to your already overwhelming case. That is why you need the legal team from Kansas City Accident Injury Attorneys to guide you through the legal process, help you determine who is legally responsible for your damages, and hold them accountable for their negligent behaviors. Our Kansas City, MO, car accident lawyers have years of experience handling complex cases. When you hire us, you can rest assured knowing that we have the tools and resources to stand up and fight for your right to the compensation and justice you deserve. Please call our office or submit our contact form to schedule a free consultation to begin working with Kansas City’s Law Firm today. We are available any time at our main office in Kansas City, MO. You may also schedule an appointment at one of our other convenient locations in Lee’s Summit, St. Joseph, and Parkville (MO); Overland Park, Olathe, and Kansas City (KS).