Newer passenger vehicles are often equipped with a variety of automated features to help prevent collisions, such as automated braking systems. Unfortunately, these systems are not without flaws. Sometimes they do not work or they switch on when they should not.
Victims of these collisions may be unsure if they can seek compensation from the driver whose automatic braking system malfunctioned. Victims may also wonder about whether the manufacturer of the vehicle or automated braking system may bear liability.
Arnold Law Firm’s experienced Sacramento car accident lawyers may be able to help those injured in this type of collision. Call us to schedule a free legal consultation. Our law firm has secured millions for crash victims in the Sacramento area.
Zero upfront costs. Call for post-crash legal help: (916) 777-7777.
Automatic braking systems (ABS) activate a vehicle’s brakes to slow down or stop to prevent a collision with another vehicle. Sensors determine when other vehicles are so close that they create a risk of a crash. The most advanced systems use GPS data to apply the brakes if the driver does not slow down as he or she approaches an intersection or stop sign.
Some of these systems are designed to bring the vehicle to a complete stop, while others merely slow the vehicle down. The driver is supposed to take over and continue to apply the brake as needed to avoid a crash.
Carmakers began installing automatic brake systems in cars at the turn of the century and they are now in many of the newer vehicles out on the road.
While automatic braking systems may help reduce the risk of many types of collisions, they are especially useful in reducing the risk of rear-end crashes. Drivers are at a higher risk of causing rear-end crashes because they are often not paying attention. Automatic braking systems may help mitigate the risk from drivers being distracted or drowsy.
Automatic braking is often just one feature of a vehicle’s crash avoidance system. An ABS may warn you of an impending collision before applying the brake. The system may even tighten your seat belt to help better protect you in the event of a collision.
While automatic braking systems may help reduce the risk of a crash, they are not without their disadvantages. For example, these systems may not always work. They may also activate the brakes when there is no need to do so.
There are a variety of reasons why the braking system might not activate when it should. For example, the system in some vehicles may be unable to sense unusually high vehicles from the back. Automatic braking systems may have the same problem with cars that are atypically low to the ground. An ABS might not work at all when you are driving on a hill.
Sometimes a vehicle’s automatic braking system (ABS) may fail, which could make a crash unavoidable. For example, say you are approaching an intersection and the light is green but your vehicle’s ABS suddenly brings your vehicle to a stop. In this situation, the driver of the car behind you may be unable to slow down in time to avoid rear-ending your vehicle.
Even if your vehicle’s ABS is operating properly, it is important not to become too reliant on this technology. An automatic braking system does not mean the vehicle is fully automated. Drivers still have a duty of care to pay attention to the road and take reasonable steps to help prevent a collision.
The automatic braking system could sometimes activate for no reason, especially if it is not working properly. If this happens to you, your automatic response might be to try to accelerate to override it. However, this may not always be possible. Sometimes the vehicle will stall after coming to a stop. If this happens, you will need to first put the car in park, shut off the engine and restart it to get moving again.
If you get rear-ended by another driver who claims the automatic braking system failed, the driver may still bear much of the fault for the collision. After all, drivers are still required to keep their eyes on the road. Even though the automatic braking system failed, the driver may have been following too closely. Drivers who keep a proper distance should still have plenty of time to apply the brakes to prevent a crash.
It may be possible to hold the vehicle manufacturer liable, but the driver may still be liable for most of the crash victim’s damages.
However, in a situation where the automatic braking system brings a vehicle to a stop for no reason, the driver may be blameless. The manufacturer of the vehicle or the braking system may be at fault.
That said, if the driver knew the automatic braking system was malfunctioning but he or she drove the car anyway, there may be no product liability case. Drivers should not take a car out on the road if it has a defect that creates an unreasonable risk of an accident.
Given the potential complexity of these types of car crash cases, victims should seek experienced legal assistance. You cannot rely on insurance companies to offer the amount of compensation you may need.
The aftermath of a Sacramento car crash is a confusing time, no matter how the crash happened or what type of injuries victims sustained.
If your injuries have affected your ability to do your job and you already have significant medical bills, you should strongly consider giving a lawyer a call. Arnold Law Firm’s attorneys are prepared to pursue full compensation for vehicle accident victims, as we have been doing for several decades.
Our legal services come with no upfront costs. Our lawyers are not paid unless our clients receive compensation.
Call Arnold Law Firm today to learn more: (916) 777-7777.
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