Crash Avoidance Technology Litigation

Over the past decade, vehicle manufacturers have introduced various crash avoidance technologies (CATs). Although these technologies originally appeared only in luxury vehicles, today, they are more common in affordable vehicle models, with some systems–like backup cameras–becoming mandatory for all new vehicles. Manufacturers tout these systems as helping reduce the risk of collisions by either warning drivers of an impending crash or taking control of braking or steering to avoid a collision. Although drivers of newer vehicles have come to rely on their cars’ crash avoidance technologies, car accidents involving vehicles with these technologies still occur. Sometimes, crashes are even caused by these systems when they are defective or fail to work as advertised. 

What Is Collision Avoidance Technology?

Collision avoidance technology refers to systems in motor vehicles designed to prevent the vehicle from colliding with another vehicle, pedestrian, or object. Examples of collision avoidance technologies found in vehicles today include:

• Backup cameras
• Surround-view cameras
• Blind spot cameras or monitors
• Parking sensors
• Rear cross-traffic sensors
• Lane departure warning systems
• Lane-keep assist systems
• Adaptive cruise control
• Forward collision warning systems
• Automatic emergency braking systems
• Pedestrian detection systems
• Assisted driving systems (e.g., Tesla Autopilot, Ford BlueCruise, General Motors Super Cruise, etc.)

 

Collision Avoidance Technology and the Law

Under product liability law, a vehicle manufacturer may bear responsibility for an auto accident due to a vehicle defect. In most states, product liability law imposes strict liability upon a manufacturer when a defect in their product causes an accident. Strict liability means an injured party does not need to prove negligence by the manufacturer in designing, constructing, or advertising the product.

Some auto manufacturers implementing collision avoidance technology systems in their vehicles have experienced legal woes due to allegations these systems have caused crashes. For example, Tesla has faced multiple lawsuits over the past few years for its Autopilot system, with drivers claiming that it suffers from defects or that Tesla overpromises its capabilities.

The Role of Manufacturers in CAT

Vehicle manufacturers developing collision avoidance technologies should undertake significant safety testing to ensure these systems will reliably perform as designed. A manufacturer exaggerating a CAT system’s capabilities may face a product liability lawsuit following an accident based on a theory of failure to warn or breach of warranty. Testing of CAT should ensure that systems will work in all types of conditions the vehicle will encounter, such as adverse weather conditions, nighttime accidents, or poor road conditions. 

Human vs. Machine – Liability 

Although some collision avoidance technologies, such as automatic emergency braking or lane-keep assist, actively prevent collisions by taking control of a vehicle’s steering or brakes, many systems work passively by simply warning the driver of a possible collision. Thus, liability in some car accident cases may turn on whether a CAT system malfunctioned or whether a driver ignored warnings or turned off the system. Additionally, the manufacturer’s instructions may warn the user that they must be prepared to assume control of the vehicle at any moment.

Oversight

The U.S. Department of Transportation oversees vehicle manufacturers’ implementation of collision avoidance technologies. Federal law requires the Secretary of Transportation to develop rules establishing minimum performance standards for crash avoidance technologies to eventually require all new vehicles to come with forward collision warning, automatic emergency braking, and lane departure warning systems. The National Highway Traffic Safety Administration also investigates defects or deficiencies in CAT systems suspected of causing or contributing to motor vehicle accidents.

Conclusion

Automotive manufacturers will likely continue to add more collision avoidance technologies as a standard part of a broader range of vehicle models, especially when the federal government makes specific systems mandatory for new vehicles. CAT systems that work as intended may help reduce motor vehicle accident rates. However, when manufacturers implement new systems without adequate testing or overpromise their systems’ capabilities, they may be liable when crashes occur.

If you’ve been in an accident where collision avoidance technologies may have played a factor, contact Salvi, Schostok & Pritchard P.C. today for a free, no-obligation consultation with a car accident attorney about your legal options.