Driver-Assist Vehicle Technology and Liability

As vehicles become increasingly equipped with advanced driver-assist technologies, questions of liability in car accidents have grown more complex. Who is ultimately at fault in a driver-assist system malfunction claim—the driver, the carmaker, or someone else? 

A Kern County auto accident attorney explores the nuances of fault in crashes involving these technologies.

Understanding Driver-Assist Technologies

Advanced driver-assistance systems (ADAS) are designed to enhance safety and decrease human error—a leading cause of road accidents. These technologies offer significant benefits, but they aren’t foolproof. Each system has limitations and requires drivers to remain engaged and ready to take control at all times. 

The five ADAS categories are:

L1: Driver Assistance

This lowest level of automation uses a single system to assist with steering, braking, or acceleration. Features may include:

• Adaptive cruise control (ACC) maintains a set speed while automatically adjusting to maintain a safe following distance from the vehicle ahead.
• Collision detection alerts drivers to nearby cars, pedestrians, or objects, reducing the risk of collisions.
• Lane departure warnings detect lane markers, alerting drivers when the car drifts out of its lane.

L2: Partial Driving Automation

This level uses ADAS to control steering, braking, and acceleration in certain situations. It includes systems like lane centering and advanced cruise control. 

• Lane centering keeps the vehicle within its lane by providing steering assistance.
• Hands-free driving allows drivers to take their hands off the wheel under specific conditions, though the system typically requires the driver to remain attentive.
• Automatic emergency braking (AEB) detects imminent collisions and depresses the brakes if the driver doesn’t respond in time.
• Driver drowsiness detection sensors monitor driver alertness and issue warnings to combat drowsy driving and reduce accident risks.

L3: Conditional Driving Automation

This level uses driver assistance and artificial intelligence to make decisions based on driving situations. It allows the driver to take their attention off the road in certain situations, but they must be ready to take control at any time. 

L4: High Driving Automation

This level allows the vehicle to operate independently in specific situations. It is designed to operate safely without driver input, especially in urban areas or on highways. 

L5: Full Driving Automation

This level allows the vehicle to drive anywhere in road traffic and under all conditions without human beings. It does not require a steering wheel or a gas or brake pedal. 

Who’s at Fault in a Car Accident Caused by Driver-Assist Features?

The legal statutes regarding driver-assist systems could change as technology advances. Fully autonomous vehicles, classified as Level 4 or Level 5, could shift liability more toward manufacturers. However, until these systems are widely adopted and regulated, drivers must assume primary responsibility for their vehicle’s operation.

When the Driver Is at Fault

Despite their sophistication, driver-assist features are not substitutes for human judgment. Regulatory authorities and manufacturers consistently stress that these systems are designed to assist—not replace—the driver. California Vehicle Code 38750 even requires operators of fully autonomous vehicles to be able to take control of the car in an emergency.

In the eyes of the law, the driver is typically considered responsible for:

• Staying alert. Even when using hands-free or adaptive features, the driver must monitor the road and the vehicle’s performance. A driver who fails to notice and react to an obstacle because they are not paying attention is typically considered at fault.
• Improper use of features. If a driver misuses a system—such as engaging adaptive cruise control in poor weather conditions where it is not designed to function effectively—they can be held responsible.
• Ignoring warnings. Many systems provide audible or visual alerts when the driver’s attention is needed. Failing to heed these warnings can shift liability squarely onto the driver.
• Intervening when necessary. Drivers are expected to understand how their vehicle’s driver-assist systems work, including their limitations. If the system fails to respond appropriately, the driver must be prepared to take control immediately.

A driver could be found liable for failing to fulfill their duties as a motorist in the event of an accident, regardless of whether a driver-assist feature was active at the time.

When the Manufacturer Could Be at Fault

While drivers are usually held accountable, the vehicle manufacturer might share liability in some circumstances. These typically involve malfunctions or misleading representations about the system’s capabilities.

Examples include:

• System failures. If a feature like automatic emergency braking fails to activate when it should have, the manufacturer could be held partially or fully responsible for the accident.
• Misleading marketing. Some automakers have been criticized for promoting their systems in ways that suggest they are more autonomous than they actually are. If this leads a driver to misuse the system, the manufacturer could bear some liability.
• Defective software or sensors. Problems like sensor malfunctions, software bugs, or inadequate testing can result in a system not performing as intended, potentially making the manufacturer liable.

Shared Fault in Driver-Assist Crashes

In many cases, the fault may be shared between the driver and the manufacturer. For instance, if a hands-free driving system fails to notify the driver of a need to retake control and an accident occurs, both parties might bear responsibility. This concept, known as comparative negligence, can influence the apportioning of damages in a lawsuit.

Liability in Driver-Assist Cases

If you’ve been involved in an accident involving driver-assist technology, our Bakersfield personal injury lawyers can help clarify fault and determine all potential defendants in your case. Contact Chain | Cohn | Clark today for a free, no-obligation case review.