According to the National Highway Traffic Safety Administration (NHTSA), software failures case studies indicate that these accidents are mostly due to requirement flaws rather than coding errors. Software failures may cause unintended acceleration or affect a vehicle in other ways that could lead to an accident.
After an accident caused by a mechanical defect or software failure, it can be difficult to know whether to seek compensation from the at-fault driver, the car manufacturer or the automotive software developer. A Fort Myers personal injury attorney might be able to help define the appropriate at-fault party and next steps toward seeking compensation in your case.
Software-Related Recalls Are on the Rise
Unlike software failures related to smartphones or laptops, when the software that powers cars fails, it could lead to collisions that cause injuries and cost lives. With software playing an increasingly large role in everyday driving—and with that role expected to graduate into full-on, driver less vehicles—understanding their potential for failure is critical.
Review Available Automotive Software
The NHTSA reports that cars may eventually function on six levels of driver assistance technology advancements. They classify these levels as:
- No Automation
- Driver Assistance
- Partial Automation
- Conditional Automation
- High Automation
- Full Automation
A growing number of vehicles are being equipped with software automation in the form of safety features intended to assist drivers under specific circumstances. Car owners might still have some reservations about automobile safety when vehicle operation is no longer driver-controlled.
Software Failures Case Studies
The NHTSA’s 2011 Technical Assessment of Toyota Electronic Throttle Control (ETC) Systems report cited a Toyota software failure that resulted in unintended acceleration for several vehicle owners. This report explored:
- An investigation into self-acceleration during low-speed activities like parking
- An investigation into a 1999 Lexus LS400 owner who testified to three instances of unintended acceleration with one incident causing a low-speed collision
As of December 2010, the NHTSA reported 75 complaints alleging unintended acceleration in Toyota vehicles. Older complaints from as far back as 2000 allege as many as 93 fatalities potentially related to unintended acceleration in Toyota vehicles.
Damages in a Car Accident Case
If you were hurt by another party’s negligence, you might be eligible to recover the following types of damages in a personal injury claim:
- The costs of all of your accident-related medical treatments
- Your estimated future costs of medical care
- Lost wages for any period of time where the accident or your injuries forced you to stop working
- Property damage
- Pain and suffering
In addition to collecting evidence of the responsible party’s liability, a lawyer may be able to collect evidence of the value of your damages to use in settlement negotiations or on trial.
Pursuing Compensation for Accidents Caused by Manufacturing Defects in Cars
If you were injured in a car accident caused by a manufacturing defect or automotive or technical software failures or errors, you might be entitled to financial compensation.
The Law Offices of Wolf & Pravato helps clients injured in these types of accidents file personal injury insurance claims and lawsuits in South Florida. We can also assist with a wrongful death claim if your loved one was killed in a car accident caused by a software failure or some other form of negligence.
The Law Offices of Wolf & Pravato is committed to making sure that our clients know all of their legal options. Our clients respect our frequent honesty, our prompt and responsive communication, and our attentive staff. We work hard to give attorneys a good name.
To learn more about your legal options, contact the client intake team at the Law Offices of Wolf & Pravato today by calling (954) 633-8270. We offer free, no-obligation case reviews to car accident victims in South Florida. If you qualify, we may be able to represent you on a contingency-fee-basis.