Is Technology Making Vehicles Safer, or More Dangerous?

Many innovations that are designed to protect drivers and passengers actually jeopardize their safety. Often new safety features have unintended consequences. For example, air bags may save lives but they can cause bruising, muscle damage, and even broken bones when they deploy. Silverman, McDonald & Friedman tries product liability and driver negligence claims. Arrange an appointment by calling our offices in Newark, Seaford, or Wilmington.

More and more, car manufacturers are adding software and hardware to cars that monitor or take over the functions of the driver. Drivers and passengers do have the right to ask – is all this “cool” technology really making us safer?

Delaware’s test run for safety technology starts with school bus cameras

School bus cameras are now able to take photos of drivers who illegally pass the bus. According to Delaware Online, Delaware drivers, on a daily basis, “ignore the flashing red lights of school buses, flouting the law and endangering students.” Many drivers don’t apply their brakes until the bus driver honks at them. A recent legislative proposal was made to give “public schools the power to install external cameras on school buses and create a graduated system of fines for drivers caught passing them illegally.”

As of March 2019, 16 states have improved such legislation. The proposed Delaware law provides:

• That the cameras would be an option, but not a mandatory requirement.
• If a school bus does have a camera, the bus should also have a warning that states there will be fines for passing the red lights of the school bus are flashing.
• School districts and charter schools that opt to use cameras for detecting illegal passing would have to make a yearly public service announcement that fines can be imposed.
• Schools would need to provide two photographs or images confirming the violation.
• The offenses would be civil offenses, not criminal offenses.
• The fines would be used to pay for the cost of the cameras.

Any driver who passes a school bus improperly or carelessly strikes a child when a bus stops due to speeding, driver distraction, or any reason deserves to be held accountable. The use of cameras on buses is just one of many ways that technology helps verify and hopefully reduces the number of traffic accidents that harm children.

Vehicle automation levels and issues of liability

What Delaware is doing with school bus cameras is just a small step in using technology to help us stay safe on the roads. The bigger steps – and more sophisticated tech – will come as drivers move towards automated vehicles. Whether you have a lane assist or a self-driving Tesla, there are still some concerns about whether or not this particular type of tech is truly safe. The more automated the vehicle, the more challenging it may become to determine who (or what) is liable in a wreck.

Consumer Reports summarized the levels of automation available in vehicles of all kinds. These standards can be used in car accidents to help assess when a driver is responsible for negligence and when a software company or car manufacturer is liable for product defects.

• Level 0: No Automation. Here, the driver controls the vehicle – for the most part. Cars may still have limited automated features such as “automatic emergency braking, cruise control, and electronic stability control.” This level also includes warnings about blind spots, “forward collision warning,” and “lane departure warning.”
• Level 1: Driver Assistance. Many new cars fit into this level. The human driver is responsible for the car’s operation and safety – “but the car can take over at least one vital function: steering or speed control.” An adaptive cruise control (ACC) systems is an example of one such automated Level 1 feature. ACC means the car can automatically stay at a desired speed until slower traffic is encountered. The ACC will then adjust the speed through acceleration or brake control, so the vehicle is a safe distance from the car in front.
• Level 2: Partial Automation. Advanced cars use this automation level. The car’s automated systems can take over human driver operation of steering, braking and acceleration – under specific conditions. Tesla’s Autopilot is an example of partial automation.
• Level 3: Conditional Automation. At this level, the car can drive itself, but the human driver must still be watching traffic and can take over the car’s operation at any time. Consumer Reports states that this level may be the most dangerous because drivers can easily over-trust the automated operation – and, thus, fail to take human control when needed.
• Level 4: High Automation. At this level, the automated system drives the car. Drivers don’t need to pay attention to the road. Drivers can, however, take control if the car warns the driver of an upcoming danger.
• Level 5: Full Automation. Here, the automated system is in full the control. The driver won’t be able to control the vehicle.

As cars add new technology and become more automated, there will be risks to drivers, passengers, and pedestrians. When any car accident causes injuries or death, the experienced attorneys at Silverman, McDonald & Friedman our ready to help. We have a combined 100 years of experience and a strong track record of success negotiating settlements and trying cases before juries. Call us at 302.314.5553 or use our contact form to schedule a free consultation. We see injury victims and families in our Wilmington, Newark, and Seaford offices.