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.