Florida Tesla Autopilot Crashes: Who’s Liable When Driver-Assist Technology Is Involved?
Car accidents are a daily occurrence in Florida, but cases where advanced driver assistance technologies, such as Tesla’s Autopilot, are involved create a whole new problem of determining liability when the vehicle was assisting with driving.
This question has been at the center of a wrongful death lawsuit involving a Tesla car accident that took place in the Florida Keys.
If you or someone you care about has been injured in a crash involving a vehicle with Autopilot or other semi-autonomous systems, here is what you need to know about liability under current Florida law.
Driver assist does not mean “self-driving”
First, it is necessary to clarify exactly what Autopilot is, as well as what it is not. Autopilot, as well as similar systems, is a driver assistance feature, not complete autonomy. This means the driver is still required to:
- Be on your guard
- Keep your hands on the wheel
- Beware of the road
- Be ready to take over instantly
Despite the advanced technology of the car, Florida motorists may also be liable if they do not drive the vehicle safely.
Who can be held liable in a Florida Autopilot crash?
- The driver – In many cases, the driver will remain the main responsible party. Distracted driving, failure to brake, abuse of the driver assist system, and dependence on technology in unsafe environments can all be alleged in injury lawsuits.
- The vehicle manufacturer – There may be cases where the company shares responsibility for product failure of malfunction, particularly if there are design flaws. The company could also be held liable for failing to warn drivers about the limitations of Autopilot.
- Another negligent driver – Even where Autopilot is at issue, it may be that the fault for the crash lies with another driver for cutting someone off, making an illegal turn, or for reckless driving. Autopilot does not preclude the possibility of “traditional” negligence for a third party.
- Government agencies – If road conditions had something to do with your accident, you may be able to sue the government.
What Makes These Cases Harder Than Normal Crashes?
Claims for injury from Autopilot can become complex very quickly due to the evidence being different than what you’d expect. This evidence could include:
- Data regarding vehicle events (speed, braking, turning)
- System warnings and alerts
- Footage from the car’s cameras
- Software update history
- Crash reconstruction reports
- Driver cellular records and distraction evidence
This evidence doesn’t last forever. Certain data could be erased or destroyed if not saved quickly.
Talk to a Jacksonville, FL, Car Accident Attorney Today
Gillette Law represents the interests of Jacksonville residents who have recently been in a car accident. Call our Jacksonville personal injury lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
miamiherald.com/news/local/community/florida-keys/article310644000.html
