Emerging Vehicle Technologies and Liability: From Advanced Driver Assistance to Self-Driving Features

Technology is changing the way we drive or, in some cases, how we don’t drive at all. Cars are smarter than ever, with features that take over tasks once handled by human drivers. But when these systems fail, who’s responsible?

Tech companies and automakers claim these systems are the future. But they’re not the ones dealing with the consequences when something goes wrong. You are. And when insurance companies, manufacturers, and software developers start pointing fingers, getting justice can feel impossible.

That’s why you need a lawyer who knows how to fight back. If an automated system caused your accident, The Desai Firm can help you get the compensation you deserve. Schedule a consultation with our Morgantown car accident attorneys today.

Key Emerging Vehicle Technologies

Autonomous and Semi-Autonomous Vehicles

Self-driving technology has been at the center of legal debates for years. Companies like Tesla, Waymo, and GM’s Cruise market these vehicles as safer than human drivers, but the reality tells a different story.

Accidents involving autonomous vehicles have led to serious injuries and even deaths, raising the question: Who is responsible when a self-driving car crashes?

The Manufacturer’s Role : The car manufacturer may be liable if an autonomous system fails—whether due to faulty sensors, poor decision-making by the AI, or a software glitch.
The Human Driver’s Role : Even with automation, many vehicles still require human intervention in emergencies. But what happens if a driver assumes the car will react and it doesn’t?
Software and Third-Party Developers : Many self-driving systems rely on software from third-party companies. If an accident occurs due to a programming flaw, the liability may extend beyond the carmaker.

Advanced Driver Assistance Systems (ADAS)

ADAS features like automatic emergency braking, lane-keeping assist, and adaptive cruise control are meant to make driving safer. But when they malfunction, the results can be catastrophic.

False Sense of Security : Drivers are led to believe these systems will prevent crashes, but they don’t always work as expected. A system that fails to detect a pedestrian or misjudges stopping distances can turn a minor situation into a fatal one.
Failure to Engage : Some drivers have reported that their automatic braking or collision-avoidance systems failed to activate when needed, leading to preventable accidents.
Overcorrection and Unexpected Movements : There have been cases where lane-assist systems have steered vehicles into other lanes or off the road, causing accidents rather than preventing them.

When ADAS fails, automakers and software providers will often blame the driver, arguing they should have taken control. But if a system is marketed as reducing human error, why is the driver held responsible when it doesn’t perform as promised? A car accident attorney can challenge these tactics and fight for the compensation victims deserve.

Electric Vehicles (EVs) and Battery Technology

Electric vehicles have introduced a whole new set of risks, particularly regarding battery safety.

Battery Fires and Explosions : Unlike gas-powered cars, EVs have lithium-ion batteries that can overheat and catch fire. These fires are difficult to extinguish and can lead to severe injuries.
Power Loss at High Speeds : Some EVs have experienced sudden power loss while in motion, leaving drivers unable to control the vehicle.
Charging Station Malfunctions : Defective chargers or improper installations can lead to electrical fires, shock injuries, or even damage to the vehicle itself.

Connected and Smart Vehicles

Modern vehicles are essentially computers on wheels. They rely on internet connections, GPS, and cloud-based software to function. But with this connectivity comes new dangers.

Cybersecurity Risks : If a hacker gains control of a vehicle’s system, they could disable brakes, manipulate steering, or shut down the engine entirely.
Data Vulnerabilities : Some vehicles store personal data, including location history and phone connections. A breach of this information could put drivers at risk of fraud or identity theft.

AI and Predictive Analytics in Driving

Artificial intelligence is increasingly being used to predict and prevent accidents. However, when AI fails, the consequences can be severe.

Flawed Risk Assessments : AI systems that analyze driver behavior may miscalculate risks, fail to issue warnings, or engage emergency systems too late.
Algorithm Bias : Some studies suggest that AI systems struggle to detect certain types of pedestrians or objects, increasing the likelihood of accidents.

When AI makes a mistake, the human driver often gets blamed—even if they had no way of knowing the system would fail. That’s why legal representation is critical in these cases.

Liability Considerations in Emerging Vehicle Technologies

Manufacturer Liability: Automakers can be held responsible for defective technology, faulty software, or misleading marketing that creates a false sense of security.
Software and AI Liability : The software company may share responsibility if an accident is caused by a programming flaw, malfunctioning AI, or a failed system update. AI-driven decisions that miscalculate risks or fail to detect hazards can lead to legal claims against developers.
Driver Responsibility: Manufacturers often try to blame drivers, arguing they should have taken control—even when the vehicle’s technology was supposed to handle the situation.
Third-Party Liability: If a defective sensor, software update, or vehicle repair contributed to a crash, liability may extend to third-party service providers or tech companies.
Cybersecurity and Data Breaches: If a vehicle is hacked and causes an accident, the company responsible for its security may be liable.

Liability Laws w.r.t Emerging Vehicle Technologies

In recent years, West Virginia has proactively addressed the integration of autonomous vehicles (AVs) by enacting the Fully Autonomous Vehicle Act. To ensure accountability, the Act mandates that any fully autonomous vehicle operating without a human driver must have liability insurance or self-insurance that satisfies existing state insurance laws. Additionally, operators are required to submit a law enforcement interaction plan to the Department of Transportation. This plan outlines communication protocols with fleet support specialists, procedures for safely removing the vehicle from the roadway, and methods to recognize whether the vehicle is in autonomous mode.

Take Legal Action With Morgantown Car Accident Lawyers

Every year, car companies push out new features designed to revolutionize driving. But when those features fail, they rely on outdated legal tactics to avoid taking responsibility. The attorneys at The Desai Firm stay ahead of the trends. We know how vehicle automation works, how liability laws are changing, and what it takes to prove fault when manufacturers or software companies try to shift blame. We take on corporations that put profits over safety—and we win.

Don’t wait for insurance companies to dictate your next move. Take control by calling us at (304) 974-1974, or tell us your story online.