Technology should make our lives easier. It’s supposed to increase convenience and ideally, make the world a safer place. Unfortunately, technology moves a little quicker than our legal system can handle. As a result, there are issues we aren’t quite prepared to deal with. In this case, the impact of technology on motor vehicle accidents and motor vehicle accident compensation.
Emerging Technologies and Accident Causation
The reality of technological advancement is that self-driving cars will eventually make their way into mainstream use. Autonomous vehicles have been used in Singapore since 2015, they’re making headway in China, and are likely to progress more quickly in the United States as Elon Musk is set to play a key role in the incoming President’s cabinet. While other countries are making plans, we aren’t quite there in Australia. Still, the conversation around liability tends to slow progress because if the autonomous vehicle is at fault, who is liable when there is no driver? How do you chase an insurance company when you can’t speak to the other driver? And, do the passengers bear any liability?
It’s complicated, which is why Australia is putting plans in place to prevent self-driving cars from hitting the road.
That being said, there are Advanced Driver Assistance Systems (ADAS) like lane departure warning and adaptive cruise control that were designed with safety enhancement in mind but have contributed to accidents. With some cars designed to automatically come to a stop when they sense something too close, they can be too sensitive and result in accidents. That also invites complicated questions because if the driver didn’t make the decision, how are they to blame?
Telematics is a helpful technology because it tracks a range of vehicle data that can be used in accident investigations to determine fault and settle insurance claims. Telematics tracks acceleration, braking, and speed. They’re often used by insurance companies to provide customers with a lower insurance rate and if the driver can’t comply with the agreed driving score, they can have their insurance increased.
The Impact of Technology on Compensation Claims
What does all this technology mean for motor vehicle accident claims? It’s certainly going to present a challenge for motor vehicle lawyers, but it’s also a new challenge for insurance companies.
With Telematics, there is clear data-driven evidence of driver behaviour which may point to fault in one direction or another and this can influence compensation claims. A lawyer can use these to fight for a higher motor vehicle accident claim and an insurer could use it to reject a claim.
With drone technology and accident reconstruction software, investigators are equipped with every technology they need to gather detailed information surrounding an accident. While this can aid insurance companies, it can be of equal use to motor accident lawyers trying to ensure their client receives a fair hearing.
There are greater concerns, especially with the potential for cyberattacks on vehicle systems. These attacks could present serious safety issues, increasing the risk of accidents on the road and clouding the conversation around liability, but also pose a threat to data privacy.
The legal system isn’t equipped to deal with these new challenges, which doesn’t give us much time to catch up. Though autonomous vehicles aren’t on Australian roads yet, there is enough technology at play that we need to have serious conversations about where that leaves liability, safety, and security.
The Future of Motor Vehicle Compensation Law
Technology isn’t going to slow down, which means that the legal landscape surrounding motor vehicle accidents and compensation is going to evolve and change quite a bit in the years to come.
As far as we can see, with an increased reliance on technology there will be more evidence from digital sources, that includes telematics and video footage from built-in cameras.
Governments will need to create new regulations and laws to ensure there are no loopholes when it comes time to face up to the unique challenges as a result of emerging technologies. Whether it’s additions about liability in the face of ADAS or, more specifically, autonomous vehicles. As these changes start to take place, lawyers will need to develop their expertise to handle the complexity of cases that involve emerging technologies.
We must grapple with the ethical considerations surrounding advanced technology and artificial intelligence. In Singapore, they’re plugging labour gaps by using autonomous vehicles. That might work for Singapore, but if it was replicated in other countries it could have a serious impact on employment opportunities. There are also questions about accountability, liability, bias, and privacy. Currently there are already regulations that cover “blameless” accidents, but these regulations will need to be brought up to speed to deal with emerging technology.
How AJB Stevens Can Help
Whether you’re excited about new technology or not, it’s coming and we need robust regulations to protect the everyday person. The everyday person is most likely to fall foul of gaps in the law and it’s important to know who to turn to when you’re in a motor vehicle accident and need a motor accident lawyer in Sydney.
As experienced motor vehicle accident lawyers in Sydney, AJB Stevens is in your corner. We’ll work with you to gather the evidence and ensure your claim is as detailed as possible to increase the likelihood of a payout. We’ll help you process the claim from start to finish.
