According to the National Highway Traffic Safety Administration (NHTSA), quoting the Society of Automotive Engineers, there is a continuum in automated motor vehicle technology, with one end having absolutely no automation and the human driver in total control of the vehicle and at the other end, full automation where the vehicle is able to perform “all driving functions under all conditions” with the human having an option to take control of the vehicle at his or her discretion.
Indiana and Illinois roadways are not filled with fully automated motor vehicles at this point in time. However, things are getting closer and closer to the day when we will be driving in a highway traffic lane, only to look to our left or right and see a driverless car, pickup truck, or minivan (or even a semi-truck) passing us at significant speeds.
Automated Technology Accidents: Fatal Driverless Car Crashes Are Here
Consider the recent accident in Spring, Texas, as an example. On April 19 2021, a Tesla Model S veered off the roadway and slammed into a tree with the vehicle catching fire upon impact. Both occupants died in the crash. Neither of the occupants was in the driver’s seat: one was in the rear seat; the other victim was in the front passenger seat.
It was confirmed by authorities that no human was operating the vehicle at the time of the crash: its “autopilot function” was operating the car.
Of some importance here is the additional information from the crash scene: these two victims were not teenagers or young adults taking a risky ride. The two occupants in the driverless car were aged 59 years and 69 years, respectively. Mature adults died as a result of reliance upon automated technology in the motor vehicle.
For more on this Texas Driverless Tesla crash, read: “No One Was Driving Tesla Before Fiery Crash That Killed 2 Passengers in Texas, Authorities Say,” written by the Associated Press and published by CBS News on April 19, 2021.
This is far from the first fatal driverless car crash in this country. Other examples include a 2018 fatality involving a Volvo SUV that hit and killed a pedestrian in Tempe, Arizona, and a Tesla SUV that caused the death of its driver five days after the Volvo tragedy when, while in “autopilot mode,” it collided with a road divider in Mountain View, California. For details, read “Autonomous Car Crashes: Who – or What – Is to Blame?” published by the Wharton Business Daily on April 6, 2018.
Technology and Fatal Accident Safety Concerns
Of course, safety groups and victim advocates have been voicing growing concerns about the dangers of automated technology for several years. Automation is no guarantee against serious and deadly motor vehicle accidents.
Nevertheless, automated motor vehicle technology continues to advance. Proponents argue that it will make things safer on the roads for drivers, passengers, occupants of other vehicles, pedestrians, and others who may suffer as the result of a fatal crash. From NHTSA:
The safety benefits of automated vehicles are paramount. Automated vehicles’ potential to save lives and reduce injuries is rooted in one critical and tragic fact: 94% of serious crashes are due to human error. Automated vehicles have the potential to remove human error from the crash equation, which will help protect drivers and passengers, as well as bicyclists and pedestrians. When you consider more than 35,000 people die in motor vehicle-related crashes in the United States each year, you begin to grasp the lifesaving benefits of driver assistance technologies.
In reality, these computer software programs built into motor vehicles are not infallible. Anyone who has had a “blue screen” on their computer or a failed SIM card understands all too well that technology has its own risks.
Insurance Coverage Issues with Driverless Cars and Automated Technology
From a victim advocate’s standpoint, one issue that must be addressed as automated technology continues to be built into motor vehicles in this country is how the accident will be covered by insurance. Questions include:
- Will insurance companies issue two separate types of coverage: one for driver-controlled liability in accidents, and another for automated technology claims?
- What about insurance coverage when there is a product defect in the technology itself? When does the manufacturer’s carrier take legal liability for the accident and its consequences?
Deciding Fault in an Automated Technology Fatal Crash
In the aftermath of any fatal crash, investigators look to determine its cause and which parties were legally at fault in the incident. When automated technology was in use at the time of the accident, then that determination becomes much more complicated.
Who is legally liable, for instance, when an automated motor vehicle collides with another vehicle and its driver was not in full operation of the vehicle at the time? Fault must be determined, and legal claims advanced against those with legal responsibility for the fatalities. They may include:
- The driver of the motor vehicle with active automated technology;
- The developer of the automated technology installed in the driver’s vehicle;
- The manufacturer of the automated technology installed in the driver’s vehicle;
- The auto maker who placed that technology into its product; and
- The car dealer who supplied the product to the driver.
Legal Complications in Automated Technology Accidents: Need for Experienced Advocacy
As more and more of these automated technology fatalities occur, it is inevitable that the roadways of Indiana and Illinois will be the scene of preventable accidents where automation failures result in death.
Victims and their loved ones must be aware that as automated technology in its various forms is an increasing part of a driver’s everyday life – from cruise control and ABS systems to autopilot features — laws at both the state and federal level are not advancing in step with this rising vehicle trend.
Criminal laws and civil laws are both needed to answer questions of fault. Should there be different laws for using an autopilot feature on a rural road as opposed to an urban interstate? When should the driver get a warning that the vehicle’s automated technology is about to make an immediate decision (like slamming on the brakes, or turning the wheel abruptly)?
NHTSA has issued federal guidelines for automated driving systems. State legislation in both Indiana and Illinois, as well as federal laws, will also have to be passed to deal with automotive automation.
Meanwhile, today the victims of automated technology accidents must rely upon the negligence and personal injury laws of the state where the accident occurred.
These crash victims and their loved ones will need experienced, zealous advocates to investigate and address where negligence laws based upon the driver’s conduct dovetail with claims based upon defective product and product liability laws which place liability on the car maker, car dealer, software manufacturer, and/or software developer.
For more, read:
- Car Crashes and Automated Car Technology: The Changing Focus of Auto Accident Claims in Illinois and Indiana
- The Importance of Accident Site Location for Personal Injury Claims in Indiana and Illinois
- Automatic Brakes to Be Standard on New Cars Per Federal Government: Will This Reduce Crashes or Create Accidents?
- Three New Car Automation Technologies Promoted by NHTSA; Will Your New Car Have Them?
- Defective Car Parts & Liability for Fatal Crashes and Serious Injuries in Illinois and Indiana.
Indiana and Illinois have established legal avenues which victims of automated technology accidents can use to find justice in the aftermath of tragedy. Please be careful out there!
