Driving a car is one of the most dangerous things we do in our daily lives. There are nearly 6 million police-reported auto accidents every year in the U.S., and according to the National Highway Traffic Safety Administration (NHTSA), 40,990 people died on our nation’s roads in 2023—that’s an average of over 112 people per day.
To combat this, modern cars are packed with an ever-growing list of safety features. These systems, known as Advanced Driver-Assistance Systems (ADAS), promise a future with fewer accidents. But this new technology has created a paradox: while features can prevent accidents, they can also lead to driver over-reliance and a false sense of security. This raises a critical new question after a crash: Who is at fault when the technology fails or the driver wasn’t paying attention?
As personal injury lawyers, we see firsthand how this technology is changing how accident cases are won and lost.
The Two Types of Modern Car Safety Features
It’s helpful to group these technologies into two main categories: systems that warn you, and systems that take action for you.
| Category | What It Does | Common Examples |
| Collision Warning Systems (Passive Safety) | These systems use cameras and sensors to alert you to a potential danger, but you are still responsible for taking action. | Blind Spot Monitoring, Forward Collision Warning, Lane Departure Warning |
| Collision Avoidance Systems (Active Safety) | These systems will automatically intervene to try and prevent or lessen the severity of a crash. | Automatic Emergency Braking (AEB), Lane Keeping Assist, Adaptive Cruise Control |
The Double-Edged Sword: How Safety Features Impact Accident Claims
This new technology is a key source of evidence in a personal injury claim. It can be used to either help or hurt your case.
- How It Can Prove the Other Driver’s Fault: Most new cars have an Event Data Recorder (EDR), or “black box.” We can obtain data from the EDR that shows, for example, that the other driver’s forward-collision system issued a warning, but they never hit the brakes because they were distracted. This is powerful evidence of their negligence.
- How It Can Be Used Against You: The other side’s insurance company may argue that you were also negligent. They might claim that you had a blind spot monitor but still made an unsafe lane change, or that you were relying too heavily on your car’s “autopilot” features instead of paying attention to the road.
- When the Technology Itself Fails: What if the automatic braking system fails to detect a pedestrian, or the lane-keeping assist steers the car improperly? In these cases, there may be a product liability claim against the car or software manufacturer for a defective and dangerous system.
Who Owns Your Car’s Data After a Crash?
A car’s “black box” data is critical evidence, but who controls it? Generally, the vehicle owner owns the data recorded by the Event Data Recorder (EDR).
However, accessing it requires a strict legal process. Immediately after a crash, an attorney will send a preservation of evidence letter to the other party, legally demanding that they do not destroy, repair, or sell the vehicle until the data can be downloaded. This data is then formally obtained through the legal discovery process, often requiring a court-ordered subpoena. Acting quickly to preserve this electronic evidence is essential in any modern car accident case.
What “Self-Driving” Really Means: The 6 Levels of Automation
There is widespread public confusion about terms like “Autopilot” and “self-driving,” largely due to marketing hype. The Society of Automotive Engineers (SAE) has an official 6-level scale that provides clarity.
- Level 0: No Automation: The human performs all driving tasks (e.g., a classic car).
- Level 1: Driver Assistance: A single system helps the driver (e.g., Adaptive Cruise Control).
- Level 2: Partial Automation: Systems can control steering and speed simultaneously (e.g., Tesla Autopilot, GM’s Super Cruise), but the human driver must stay fully attentive and ready to take over at any moment.
- Level 3-5: Higher levels of automation where the car can handle most situations, but these are not yet available for public purchase.
The key takeaway is that all new cars for sale today are Level 2 or below. The human driver is always legally responsible for the vehicle’s operation.
A Look at “Self-Driving” and Autopilot Technology
Despite marketing terms, there are currently no fully self-driving cars available to the public. Systems like Tesla’s Autopilot are advanced Level 2 driver-assistance systems. The driver is still legally required to be attentive and in control of the vehicle at all times.
The tragic reality is that driver over-reliance on these systems has led to numerous high-profile accidents. When a driver is texting or watching a movie because they mistakenly believe their car is driving itself, they are being negligent, and they can be held fully responsible for the harm they cause.
Is Your Accident More Complicated Than You Think?
When advanced technology is involved in a crash, determining fault is no longer simple. Our free and confidential “Do I Have a Case?” tool can help you get a foundational assessment of your complex situation.
Do I Have a Personal Injury Case?
A Record of Success in Modern, Complex Accident Cases
Our world is becoming more complex, and so are car accidents. Our firm has deep experience handling cases that involve modern technology and complicated insurance structures. We represented a passenger injured in a rideshare vehicle, a case that involved navigating a tech company’s app data and multi-layered commercial insurance policies. We successfully proved the case and secured a $285,000 settlement for our client. This expertise in handling accidents in our modern, tech-forward world is crucial for any case involving ADAS or “autopilot” features.
What Our Clients Say
“My life flashed before my eyes March of 2023 when I was struck by and flew over the hood of a car that rolled a stop sign at an intersection while I was on my motorcycle. I suffered significant physical and financial hardship as a result of this accident and I am grateful I was referred to Sally Morin’s firm and the kind and competent Annie Heller took my case. She has been guiding me since my grueling early days in the hospital through my 3 bed-ridden months in recovery, and additional months in physical therapy. Without Annie, I would not have had any idea how to go about processing my insurance claim. She stuck by my side, advising me, acting as an intermediary when necessary through countless steps, to make sure I got an eventual payout over a year and a half later without any benefit to herself or the firm. Sally Morin Lawyers are smart, compassionate, and one of a kind. I will forever be grateful for what they have done for me during one of the most traumatic times of my life. Thank you so much.” Hank, Yelp Review
Read Hank C.'s review of Sally Morin Personal Injury Lawyers on Yelp
“Annie Heller is an exemplar of top tier service and professionalism. She not only helped me navigate new and intimidating areas of insurance claims with me but also made sure to keep information flowing while I was out of the country. With her in your corner you will not only have an amazing ally, but peace of mind as well. I implore you, if you are on the fence about working with them – take the leap, you’ll not have chosen wrong. I cannot overstate my gratitude here. What could’ve been a very dark period in my life was made bearable because I had their support. Thank you Sally Morin Law and especially Annie Heller.” Alexander, Yelp Review
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Frequently Asked Questions About New Car Safety Features
Get an Expert for Your Modern Car Accident Claim
As vehicle technology continues to advance, car accident cases are becoming more complex. You need a legal team that understands how to gather and interpret data from these advanced systems and how to hold the right parties accountable.
The team at Sally Morin Personal Injury Lawyers stays at the forefront of these legal changes. Contact us today for a free and confidential case evaluation.
