Bogoroch & Associates 'ready, willing, and able' to face new legal issue: Jennifer Ilton
This article was produced in partnership with Bogoroch & Associates LLP
In the last few years, technological advancements in the automotive industry have transformed the driving experience. From autonomous driving capabilities including adaptive cruise control, lane-keeping assistance, autopilot and steering assist, to sophisticated safety features including collision prevention braking, cameras triggered upon a collision, or event data recorders, these modern vehicles are now equipped with the most advanced technology. These technologies are designed not only to provide convenience and comfort, but also to reduce the likelihood and severity of accidents caused by human error, which remains a significant factor in many motor vehicle accidents.
With these innovations comes the need to develop and adapt to the role of technology in the context of personal injury accidents. The purpose of this article is to discuss the challenges and concerns that have arisen from the intersection of advanced technology vehicles and personal injury accident litigation.
One of the biggest challenges and concerns with advanced technology in cars is the potential for that technology to fail. The most glaring consequences of a software failure would be in any vehicle equipped with some element of self-driving vehicle capabilities. These levels vary significantly in range including:
With semi or fully automated driving, the failure of technology, whether hardware or software, could result in unexpected vehicle behaviour, which could lead to a collision.
Another challenge and concern is the potential for over-reliance on technology by the vehicle operator. If a driver is relying on a semi or fully automated driving system and an emergency arises, there is a significant risk that the operator will become complacent and have slower reaction times when they must take control of their vehicle.
These challenges and concerns require careful consideration of the legal and ethical issues surrounding advanced technology in vehicles involved in motor vehicle accidents. Particularly, the issue of liability can become complex when advanced technology is in use at the time of a collision. In those circumstances, lawyers must now ask the question of whether the driver, the manufacturer, or the software developer bear responsibility.
Product liability for automated and semi-automated vehicles.
The legal landscape must adapt to address these expanding questions on liability. In addition to negligence, we must consider product liability with respect to software and hardware of automated or semi-automated vehicles. Jennifer Ilton, associate at Bogoroch & Associates LLP, explains these changes the course of a personal injury case from the outset. She explains, “when Bogoroch & Associates takes on a motor vehicle personal injury case, the initial investigation will include the documents and information generated as a result of the accident. When we are dealing with the issue of advanced technology in vehicles, your investigation must change significantly. You need to preserve and investigate data retained by the vehicle, or its manufacturer, to determine whether a software or hardware defect may have caused or contributed to the accident.”
Ilton adds that “this investigation can be quite complicated because for many advanced technology vehicle owners, the manufacturer remains the owner of a significant amount of data. This means our clients likely do not have access to their own vehicle’s data. For this reason, it is critical to retain experienced engineers for this initial investigation.” Additionally, “some of the software for features such as autopilot are actually beta features in a vehicle, which adds an additional layer of complexity on the issue of liability as against the manufacturer or software developer.”
Ilton explains that another consideration in the preservation and collection of data, is that all parties, including the plaintiff and potential defendants, have a right to be present for any destructive testing completed on the vehicle. In cases where there is an allegation of software or manufacturer malfunction, many large corporations will demand the entire vehicle be preserved as evidence in the case. This can be very disruptive to the ordinary life of a plaintiff, who might otherwise be able to have their vehicle repaired or written off by their insurance company.
Despite these challenging factors, the lawyers at Bogoroch & Associates are not deterred — the firm is known for achieving results for clients, even in the most difficult cases. While the technology may be evolving rapidly, fighting for justice for injured individuals by successfully proving a lawsuit against a corporation that has enormous resources is not.
[1] Autopilot Review: Cars with Autopilot in 2024, retrieved at https://www.autopilotreview.com/cars-with-autopilot-self-driving/.
