Driver Assistance Technologies, also sometimes referred to as Advanced Driver Assistance Systems (ADAS), are the frontier of automotive safety. According to the National Highway Traffic and Safety Administration, there are nearly 40,000 traffic fatalities in the United States annually, and most of these are due to human error; in other words, assistive technologies have the capacity to save thousands of lives. With these new technologies, however, come new legal questions for car accident lawyers serving New York, and we’re following the changing landscape closely at Buttafuoco & Associates.
In this article, we’ll describe the most common Driver Assistance Technologies and how those might impact liability in the event of an auto accident.
Common Advanced Driver Assistance Systems
Some assistive technologies have been commonplace in American cars for a long time, and some are even required. For instance, backup cameras have been legally required on new cars sold in the United States since 2018. Since then, more advanced systems have come to market,.
In a collision warning system, sensors monitor whether a vehicle is about to experience a collision and prompt a driver to avoid it. This often includes forward collision warning, lane departure warning, and blindspot warnings. This is the lowest level of automation in a vehicle and the driver is in full control of the vehicle.
The next level of vehicle automation is known as collision intervention. These systems can intervene in the event of an impending accident. Their features include emergency braking or steering interventions when sensors detect that the vehicle is about to collide with another vehicle or pedestrian.
Driving assistance is a more general form of automation, most often keeping a vehicle centered in the lane or adaptively controlling the vehicle’s speed.
How Can Driver Assistance Technology Impact Crash Liability?
These technologies have introduced new complications to liability in auto accident cases. There are three main ways that our car accident attorneys in New York have seen new driver assistance technologies impact liability:
- Driver Responsibility: Some drivers behave as though assistive technologies mean that their cars are self-driving and fail to monitor them. This is not the case. Even the most advanced technologies, such as automatic braking and lane-keeping assistance require human monitoring; according to our New York car accident attorneys, the driver ultimately is responsible for the vehicle.
- Product Liability: If an assistive driving system fails due to a design or manufacturing defect, it could be a product liability case. The liable party could be either the auto manufacturer or the software company that programmed the systems. Product liability cases are especially complex due to the number of potential parties involved and expert testimony required.
- Negligent Repairs: When repairs are completed on cars with assistive technologies, they require proper calibration to ensure they are still functional. If a dealership or repair shop fails to do this, they could be held responsible in the event of an accident.
At Buttafuoco & Associates, we are closely monitoring the changing world of automotive technology, and how that might impact your rights. If you or a loved one was injured in an accident involving advanced driver assistance systems, do not hesitate to reach out for a free consultation.
Call 1-800-NOW-HURT to speak with our seasoned car accident lawyer serving New York.
