A National Highway Traffic Safety Administration (NHTSA) projected that an estimated 42,915 people would die in motor vehicle traffic crashes in 2021, a 10.5% increase from the 38,824 fatalities in 2020. 

Such statistics are concerning to read. 

With more cars on the road, the danger of accidents increases too. To counter this, car manufacturers have strengthened their in-car technology by adding modern technology like camera systems to monitor the road while backing up. Automatic brakes are a technology found in almost all cars nowadays. 

Car technology can aid in proving to insurance companies that the plaintiff was injured while the defendant was in the other car via technology like the Event data recorder (EDR). Besides the plaintiff, lawyers and insurance firms benefit from modern technology too. For instance, the Japanese firm Fukoku Mutual Life Insurance has employed artificial intelligence technology to analyze thousands of pictures, videos, medical documents, and auto-vehicle accident data to calculate settlement amounts.

Modern technology has revolutionized everything from your vehicle to the legal system. Though it has been a boon, there are times that it can backfire too. This article covers all there is to know about the impact of new technology on your car accident lawsuit. 

Read till the end to understand different types of technology, their impact on the legal system, and the drawbacks of using too much.

The Best Modern Car Technologies

The NHTSA states that human error is responsible for 94% of road accidents. Its 2020 research estimated that having 90% of vehicles on US highways self-driving will save 25,000 lives every year. Not only would this save lives, but it would also lower the number of injuries and property damage claims, resulting in considerable savings for insurers and victims. Every year car technology improves and helps drivers while on the road. The internet of things (IoT), i.e., connecting devices to the internet, has become more prevalent in automobiles. IoT makes data for accident investigations accessible and allows for accurate collision reconstruction. 

Here are some car technologies that play an essential role in lawsuits:

• Event data recorder (EDR)- Every new car now comes with this “black box,” which may record the vehicle’s speed, route, deceleration patterns, and fluctuations in acceleration. The courtroom accepts data from EDR as evidence in lawsuits. The NHTSA regulates EDRs, which may capture over 30 vehicle data types. Some of its variants obtain video and audio recordings and impact force. With visual evidence, eyewitnesses, and police reports, EDRs give vital information. The data effectively produces a detailed record of the collision that a car accident lawyer may use to show negligence and the effects of the accident on the driver and passengers of the vehicle. EDR-equipped vehicles do not record every movement. Its primary goal is to document activities preceding an accident. On detecting a situation that might lead to a collision, the vehicle’s installed recorder begins gathering data on how the vehicle is traveling. It can also detect the number of passengers in the car and whether or not they are wearing seatbelts.

• Dash cameras: Dash cameras are mounted on the dashboard or windshield of a vehicle to capture video footage of the road ahead and determine the speed and driving behavior of the other driver at the time of the accident. 
• In-built computer systems: An important technological advancement for car accident litigations were computed in-built systems such as sensors. Analysis of data collected by these systems provides a detailed view into the onboard driver’s driving speed and their braking and steering pattern. As automobile sensors become more prevalent, driving patterns and behavior data will become more readily available. Investigators may utilize this data to identify unsafe driving practices such as distracted driving.
• Virtual reality (VR): VR technology allows accident investigators to create virtual reconstructions of an accident scene, which can be used for demonstration in the courtroom. It is an indispensable tool for accident reconstructionist and investigators. 
• Forward collision warning (FCW) system: The FCW system is intended to prevent or minimize the aftereffects of a collision. It anticipates a collision using radar, laser, and camera. Its GPS sensors can identify stationary things on the road, such as parked trucks.
•  Upcoming technological developments: Researchers are developing facial recognition technology to determine if a motorist is drunk or asleep behind the wheel. The identification and documentation of any impediment would considerably impact a legal case. Researchers at Apple are developing a technology to detect a car collision and immediately contact 911. Several other app developers are trying to create a technology to monitor a vehicle’s maintenance problems. 

Automatic emergency braking (AEB), backup cameras, blind spot warning systems, auto steering systems, and autonomous cruise control (ACC) systems are some other automotive technologies found in cars. 

The Modern Lawyer

Artificial Intelligence (AI) has been pivotal for law firms in the modern day. With technology advancing at an unprecedented rate, it has become necessary for modern lawyers to catch up with the times. 

AI has the potential to help law firms shorten lengthy legal procedures. It allows attorneys to concentrate on developing their clients’ claims by assessing documentation and evidence. AI technology increases efficiency and substantially reduces the time it takes to resolve a claim. Lawyers are getting tech-savvy now. An innovative instance where a lawyer utilized technology for their client’s case was when the lawyer used a Fitbit to demonstrate that their client was much less active following the incident than the typical woman of the same age and fitness level.  With this information, the court could choose the proper amount of pain and suffering damages to grant the plaintiff.

The use of objective data may limit the defense’s capacity to utilize expert testimony to downplay the harm sustained by an injured victim. However, AI should be one part of the argument and not the claimant’s primary focus. Not all attorneys can keep up with technical features that can help them give a complete picture of an automobile accident. Attorneys must still use due diligence while developing their cases. The capacity to understand the data is an important skill set. This ability is required to establish liability in a car accident lawsuit. 

Conclusion

The National Safety Council (NSC) estimates that cell phone use, including texting and talking on the phone, causes 25% of all vehicle accidents. Even if a driver is equipped with the most recent driver assistance technologies, an accident may still occur if the driver is intoxicated, distracted, or driving carelessly.

New issues have arisen as a result of technological improvements. In the event of autonomous automobiles, for example, who is to blame for an accident? The solution is complex. To address this matter, the NHTSA has said that new laws must be set by federal and state courts to cope with the ever-increasing role that contemporary technology plays in our lives. It has also stated that if a person operates an autonomous vehicle, the automobile is the driver, not the human, making the matter a product liability. As a result, carmakers may be held liable for any accidents.

While driving their cars, drivers must pay attention to the state of the road and traffic flow as the human brain cannot efficiently handle several input streams at once.

Sources:

1. https://stokesstemle.com/blog/how-in-car-technology-can-affect-your-personal-injury-claim/ 
2. https://www.dolmanlaw.com/blog/technology-can-help-car-accident-case/ 
3. https://www.nhtsa.gov/press-releases/early-estimate-2021-traffic-fatalities 
4. https://findlaylaw.ca/blog/the-impact-of-technology-on-personal-injury-law/ 
5. https://www.dwclawoffice.com/dupage-county-injury-blog/can-new-automotive-technology-prevent-car-accidents 
6. https://mainorwirth.com/blog/technology-in-car-accident/ 
7. https://www.scoopify.org/the-impact-of-technology-on-car-accident-litigation/ 
8. https://www.notarize.com/blog/how-technology-is-being-used-for-legal-cases-after-auto-accidents-lc 
9. https://usa.streetsblog.org/2020/10/14/the-94-solution-we-need-to-understand-the-causes-of-crashes/#:~:text=Origins%20of%20the%2094%20percent%20claim 
10. https://www.jpost.com/special-content/how-does-technology-affect-personal-injury-639038

Even the most excellent writers make mistakes, even the most fluent speakers fumble, and even the most skilled drivers cause accidents. Dealing with accidents and the hassle they cause becomes a nightmare if you have to deal with it all by yourself. The stress of the accident cannot be undone but it can definitely be reduced by hiring a car accident attorney. This article is a complete guide for all those who are thinking or never thought of hiring an attorney to manage their personal injury case.

WHY HIRE A CAR ACCIDENT LAWYER?

The immediate question that strikes a driver after the mess caused by an accident is, “Is hiring an attorney even worth it?” Let’s do a quick analysis using this short questionnaire.

• Are you dissatisfied with the settlement provided by your insurance company?
• Was it a personal injury case?
• Was it your fault (even partially) in an accident?
• Is there a possibility of a lawsuit being filed against you?
• Are there any losses you don’t know how to prove in a settlement?

If the answer to any of these questions is, “Yes,” then you need to hire an attorney. Of course, minor fender benders don’t require a lawyer but if you had a serious accident and incurred heavy losses, an attorney is a must. Attorneys will not only help you get the right compensation for your vehicle damage, lost wages, and medical bills but also the emotional stress you have gone through due to the accident.

Hiring an experienced attorney is helpful because of 4 major reasons:

In-depth legal knowledge

With respect to vehicle codes and even other laws, every state follows a law different from others. A lawyer has in-depth knowledge of these legal aspects and would enable you to find and work on the aspects relevant to your case so that you don’t waste time on investigation and research and instead focus on recovery. This becomes more important when the case reaches the stage of a lawsuit that involves heavy paperwork, gathering evidence, legal citations, etc.

In addition, an attorney would help you settle the case, negotiate a settlement and deal with self-interested healthcare systems.

Getting you the right monetary compensation

Experienced auto accident lawyers help you compensate practically for every bit you spent and every loss you incurred. This also includes the loss of your loved ones and the pain and suffering you went through but cannot be reflected directly in the form of bills and physical damage.

Monetary compensation will also include negotiating with your car insurance companies. Car accidents happen in the U.S. daily and most of them are settled with an insurance claim unless the case involves something intense and negotiation proves futile. Quite often, we are not satisfied with the claim paid by the companies because they come up with some pretty believable arguments that make you believe that you don’t deserve your demanded coverage. An experienced attorney will help you get through all these and earn the monetary benefits that you deserve.

Guiding you after a crash

After an accident, you might not notice minor body pains or may mistake serious internal injuries like whiplash as normal side effects of prolonged stress. Lawyers would guide you through this and also remind you of the immediate action to be taken after the crash. Therefore, you must always get in touch with your lawyer before anyone else, even your insurance company. Informing your insurance agent is, of course, important but even before that an experienced attorney would guide you on how much is to be reported to your company to serve your maximum interest. Remember that you must not give any recorded statements to your insurance company before discussing them with your attorney.

Experience

This is both a criterion and an essential quality to look for when hiring a lawyer. Above everything, the fact is that lawyers have handled many cases like yours. Hence, they know the requirements and the ways to fulfill them. Lawyers are undoubtedly important if your case involves a lawsuit. But even otherwise, it is better to hire a lawyer in the initial stage than regret later with enough damage already being done and a trial to begin. The fee charged by them also increases with the progress you make without a lawyer. Hence, the biggest blunder you could do after an accident is not seeking legal consultation.

When to hire an auto accident attorney?

Once you know how important the role of an attorney is, you might wonder what is the right time to hire them. The simplest answer is: as soon as possible. If you’re already involved in an accident, there’s no point in waiting for the ideal time. In fact, you should have good contact with an attorney just like you have your family doctor. This makes legal advice readily available to you whenever you find the need for it.

How to hire an attorney?

Hiring an attorney is not rocket science, especially in this interconnected network where every piece of information is just a click away. You can simply search on the internet to find auto accident lawyers in your specific state and you shall find a number of search results to choose from.

Another way is to seek referrals from your family and friends to contact lawyers with first-hand experience.

You could also seek a recommendation from your attorney who had represented you in some other legal matter.

Besides these, you can contact the bar association of the respective state which contains the records of all licensed attorneys in your area. But it’s still better to contact a well-reputed lawyer who is known by someone you know.

Choosing the right attorney

Once you have made up your mind that you need an attorney, you need to make sure that the attorney you’re relying on is the right one for you. Certain parameters need to be kept in mind while hiring an auto accident lawyer:

Discussing the free upfront

Perhaps the fee is the first thing we focus on while searching for any kind of lawyer. You do want to win the case or the negotiation but without causing your pocket to burn. The fee structure will vary from lawyer to lawyer and case to case. Generally, personal injury lawyers charge a contingency fee ranging from 33.33% to 40% of the settlement money but this could vary. Go through the whole agreement carefully and be clear specifically with the fee structure before you sign it.

Even if you don’t have enough financial resources to hire a skilled lawyer, you can go ahead with pro bono services. Most personal injury lawyers would agree to it if they feel like you have a strong case. Although the American Bar Association does not regularly monitor it, it is an ideal to which lawyers should aspire. As per the ABA Model Rules of Professional Conduct, every lawyer has a professional responsibility to provide legal services to those unable to pay by rendering at least 50 hours of pro bono public legal services per year. You can easily find such lawyers online.

Initial consultation

This is indeed absolutely essential, especially if you’re communicating with a lawyer for the first time. You should have a detailed consultation with the lawyer about the recent cases that they have won, analyze their success rate, and the specific cases they deal with. Even within the broad sphere of personal injury cases, there are different specialties such as motorcycle accidents, truck accidents, bicycle accidents, bus accidents, pedestrian accidents, and so on. Therefore, the choice has to be well thought out.

You could also ask for client reviews for further insights into their work. Communicate your needs to your potential lawyer and seek information regarding past experience in similar cases, their current caseload, and the time and resources they would be able to devote to your case. You should also focus on discussing your chances of winning the case, the alternative solutions such as mediation, and what are the expectations from the lawyer’s side.

Ask as many questions as you want to before you make the final choice. Prepare certain basic questions beforehand and if you find the lawyer is a transparent communicator and has wide experience in the specific accident type, then you must go ahead without delay since time is very crucial in such cases.

After hiring a lawyer

Once you have done your research and made the final choice, it’s now your responsibility to be transparent to your lawyer and lay bare every minute detail of the case. Lawyers need to know these so as to defend you in court and ensure fair compensation for your losses. However, this doesn’t allow them to misuse the personal information provided to them, leading to a breach of information. Again, you should make such points clear in the agreement between you and your attorney before beginning the case.

Lawyers don’t necessarily mean that everything has to be dealt with in court. In fact, a good lawyer would ensure that your case resolves without entering the court premises. Give yourself enough time after interacting with a number of lawyers to make the final choice. Find out if you’re able to freely communicate with them and show faith in them. Remember that with every win, good communication and trust between the client and the lawyer is the key.