Although the prospect of cars that do not need drivers was once limited to science fiction movies and the Jetsons, vehicles that have the capacity to take over more tasks from motorists are already on the market. The 2017 E-Class Sedan introduced by Mercedes-Benz at the 2016 North American International Auto Show, for example, boasts a broad range of autonomous driving features that allow the vehicle to travel significant distances without driver intervention. Although these self-driving vehicles have been promoted as a significant leap forward in roadway safety, this new technology raises a number of questions about the future of car accident litigation.
The prospect of watching the morning news from a holographic projection on the windshield or organizing notes for your morning meeting during your commute might seem appealing. However, autonomous vehicles have been offered first and foremost as a way to get negligent motorists out of the driver’s seat. Since careless, intoxicated, and distracted drivers cause many accidents, self-driven vehicles could significantly reduce the number of crashes. Motor vehicle collisions were estimated to have claimed the lives of approximately 38,300 people in 2015, which would represent nearly a fourteen percent increase over the prior year. Further, “serious injuries” were estimated to have risen to approximately 2.3 million in 2015, which represents a thirty percent increase over the prior year. These numbers certainly attest to the benefit of preventing negligent motorists from traveling the roadways of Mississippi.
However, traffic accidents and liability issues will not disappear even when all vehicles are driven by computer systems, even if driver negligence becomes a thing of the past. Collisions can still be caused by poorly designed, manufactured, or installed systems. When software glitches, hardware malfunctions, or hacked systems become the dominant cause of traffic accidents, auto accident lawsuits will focus on product liability law rather than negligence involving drivers.
Generally, product liability law provides the basis for pursuing legal remedies for injuries or fatalities caused by a defective product (or misrepresented product). Typically, an injury victim in a product liability lawsuit will assert multiple theories of liability. Liability for a car accident caused by a defective autonomous vehicle might be based on strict liability, negligence, and breach of warranty.
Strict Liability: Even if the manufacturer of a product exercises significant care to construct a safe product, the product (i.e. vehicle) can still be shipped with defects. Under this theory, the manufacturer can be liable when the vehicle leaves the control of the manufacturer, even if the defect was not the result of negligence. Strict liability typically is invoked in cases involving design defects, manufacturing defects, and “failure to warn.”
Negligence: Product manufacturers have a duty to exercise reasonable care in designing and manufacturing their products, so they are safe when used in ways that are reasonably foreseeable. For example, an autonomous car might be designed where no driver intervention is needed except in highly unusual circumstances. If the braking system of an autonomous vehicle is only designed and tested when roadways are dry, the manufacturer might be negligent when the brakes do not prevent a collision because the roadway is wet.
Failure to Warn: A manufacturer who fails to provide consumers with sufficient information and warnings about the risks associated with the use of its product can be held liable for not providing adequate instructions and warnings. Liability can be imposed when the injury is a result of the lack of information.
If you or your loved one is injured in an auto accident in Mississippi, you are invited to contact the experienced Mississippi Auto Accident Injury Lawyers at Barrett Law to learn how we can help. Our lawyers have been representing accident victims throughout Mississippi for over 75 years. We offer personalized legal representation and zealous advocacy. We provide a free initial case evaluation so call us today at 800-707-9577. No Recovery No Fee!